Terms & Conditions
Last Updated: January 1, 2023
East Goes Global Co. Terms of Service Agreement (“Agreement”) is between Consumer and East Goes Global Co. (for the purposes hereof, “EGG,” “we” or “us”). The Agreement governs your use of the EGG digital platform (“Platform”) hosted on [website address] (“Site”), that provides data, analytics, and insights into Consumer’s content in the digital space through third-party applications in the territory of China (collectively, the “Services”). For clarification purposes, “Consumer” shall be defined as and described herein as “you”, entity and/or any representatives of Consumer who are authorized to engage with EGG and the authorized person entering into this Agreement.
NOTICE: Section 11 of this Agreement contains a mandatory arbitration agreement. By using the Services on the Platform, you agree that any claims you may have against EGG relating to the Platform and/or Services must be arbitrated, and you waive the right to (1) assert claims against EGG in court; (2) participate in a class action; and (3) have a jury hear your case.
1. Services Overview and Acceptance
EGG’s "Services” (as briefly defined above), shall include, but not limited: (i) the collection of text, photo, images, music, audio, videos and any other context that Consumer posts to social media networks and/or online digital platforms or make available to EGG (“Content”); (ii) the reuse and/or repurpose of the Content for various social media platforms in the territory of China, including, but not limited to, Weibo, Douyin, Xiaohongshu, Bilibili, WeChat, QQ Music, Kugou Music, NetEase Music, and any other social media accounts or streaming platforms that are now known or hereinafter devised (the “China Accounts”); (iii) the aggregation of Consumer’s Content and China Accounts in the Platform; and (iv) the aggregation of data and information into analytics presented to Consumer via the Platform.
These Services are subject to change upon EGG’s update at any time of the Platform.
The Platform includes all original and third-party content and functionality available through the Site. By creating an account, using the Platform, adding in your Content and/or China Accounts, or otherwise visiting or using the Platform and Site, you accept this Agreement and consent to contract with us electronically. You represent that you are the Consumer or authorized representative of Consumer who is charged with entering into this Agreement. If you do not or cannot agree to this Agreement, do not grant us access to your Content and/or China Accounts.
We may update this Agreement by posting a revised version on our Platform. By continuing to use the Platform, you accept any revised Agreement.
2. Account on Platform
Registration: You must create an account to use the Platform and Services. To do so, you must provide an email address, personal and billing information. By creating an account, you agree to receive notices from us and our third-party affiliates (i.e., China Accounts) at this email address.
Age Requirements: You may not create an account if you are younger than 13 years of age. By creating an account, you represent that you are at least 13 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Platform.
Parents and Guardians: By granting your child permission to use the Platform through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
Termination of Account: You may terminate the Agreement at any time by deleting your account. We reserve the right to suspend or terminate your account for your breach of the terms hereof. If EGG deletes your account for breach, you may not re-register. In the event of termination, EGG shall not be obligated to refund any fees or prepayment of an annual fees (depending on the Account type, as defined below). Consumer acknowledges and agrees that Content that you have previously submitted will not be able to be removed from the China Accounts and you further agree that EGG may retain your Content and account information for archival and legal purposes, on a perspective basis, EGG will not use your Content for public commercial purposes. In the event of any termination or expiration of the
Agreement, the following sections will survive: Section 8 (Disclaimers), Section 9 (Limitation of Liability), Section 10 (Indemnification), Section 11 (Arbitration Agreement; Jury Waiver; Class Action Waiver), and Section 12 (General Provisions).
3. Account on Platform
By creating an account, you agree that EGG will have access to your account information and account activities, such as the viewing and purchase of the Services, and your contact information. EGG is not responsible for any third-party use or disclosure of your data (including that of the China Accounts).
4. Purchase Options
EGG may offer the following purchase options through EGG’s Platform:
To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change.If EGG provides you access to a program on a free basis, such access will be deemed a “purchase” for the purpose of this Agreement.
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
Free trials and Discounts: EGG may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If EGG provides a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
5. Use of Content and Intellectual Property
Content Access: Consumer grants access to third party China Accounts by connecting them to the EGG Platform. Consumer agrees to assist EGG with any permissions it requires to access your social media accounts, as authorized under this Agreement, by providing usernames and passwords.
Content Rights: EGG does not claim any ownership over Consumer’s Content or your social media accounts and/or China Accounts. You hereby represent, at the time of posting of your Content, you have all of the necessary rights, licenses, consents, releases and permissions necessary to post the Content and grant these rights (including but not limited to the rights in the music, footage, names and likeness rights from any persons appearing in any video or photographic images and rights to any other intellectual property that is incorporated in or part of the Content). If you become aware that Content that you previously posted is no longer authorized, it is your responsibility to inform us promptly, so we can promptly remove the Content from the China Accounts.
Submission of Content/Modification: When you upload, submit, or publish (collectively, to "submit") Content to EGG’s Platform in connection with Services, you hereby grant EGG, to the extent of your rights, a non-exclusive, fully paid, royalty-free, worldwide license during the period your Content is submitted to the Services, to transmit, publicly perform, use, reproduce, edit, reformat, store, display and distribute the Content on the EGG Platform, Site and on and through the China Accounts, including, without limitation, via any applications, widgets, website, mobile, or other services which are available
though the EGG Platform, Site and China Accounts. For the avoidance of doubt, in the event EGG posts Content and/or the modification of Content, Consumer agrees that any Content posted through EGG Platform onto China Accounts shall be marked “EGG” or languages with similar effect, provided however, that nothing herein shall cause EGG to bear any responsibility and/or liability for the Content posted.
Responsibility for the Content: Consumer is solely responsible for any and all Content posted by you either through offshore websites, such as Facebook, Twitter, or posted directly on Platform, or the Chinese translation posted on the China Accounts. We are not legally responsible for any posted Content and shall not be liable for any damage arising from or relating to the posting the Chinese translation of your Content.
Restrictions: You may not resell the use of any of the Services for any commercial purpose, redistribute or retransmit any Services, publicly perform or display any Services, or make derivative works from any Services. All rights not expressly granted herein are reserved by EGG.
6. Acceptable Use Policy
When you upload, submit, or publish (collectively, to "submit") Content, you must ensure that your Content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 6. EGG may (but is not obligated to) monitor your account, Content, and conduct, regardless of your privacy settings. EGG may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy.
6.1 Copyright Policy
You may only upload Content that you have the right to upload and share. Copyright owners may send EGG a takedown notice, if they believe EGG is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe and breach this Agreement.
6.2 Content Restrictions
You may not submit any Content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit or promotes a sexual service;
- Is defamatory;
- Is harassing or abusive;
- Contains hateful or discriminatory speech;
- Promotes or supports terror or hate groups;
- Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Exploits or endangers minors;
- Depicts or encourages self-harm or suicide;
- Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
- Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
- Contains false or misleading information about voting;
- Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or
- Violates any applicable law.
6.3 Code of Conduct
In using the Platform, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Use or export any of our services in violation of any U.S. export control laws;
- Engage in any unlawful activity; or
- Cause or encourage others to do any of the above.
6.4 Prohibited Technical Measures
You will not:
- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Platform; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to EGG servers; or
- Take any other actions to manipulate, interfere with, or damage the Platform.
6.5 Restricted Users
You may not create or maintain an account if you are a member of a terror or hate group.You may not purchase any goods or software services from us if you are (a)located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a terrorist-supporting country; or (b)listed on any U.S. Government list of restricted parties.
7. EGG Proprietary Technology
EGG Proprietary Rights: Except for the Content submitted pursuant to these Consumer terms, EGG expressly reserves all right, title and interest in and to the Services, any EGG text, photos, images, music, audio, videos and any other content (“EGG Content”)on the Platform and/or Site. EGG further reserves all right, title and interest in all processing, analytics, code and other software and technology used by EGGin the provision of the Services (the “EGG Technology”), including, without limitation, any derivatives, improvements, enhancements or extensions of the EGGTechnology conceived, reduced to practice or otherwise developed on or on behalf of EGG, all of which are valuable assets of EGG, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining the EGG Technology. All EGG Content on the EGG Platform andSite is the exclusive property of EGG and is protected by applicable copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all EGG Content on the EGG Platform and Site is the exclusive property of EGGand is also protected by applicable copyright laws. The EGG Content on the EGGPlatform and Site may be used as a resource. Any other use, including there production, modification, distribution, transmission, republication, display, or performance of the EGG Content is strictly prohibited. Furthermore, you will not, nor will you allow or direct any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, circulate or use any EGG Content on the Platform and Site without the express prior written consent of EGG. Any unauthorized or prohibited use of the EGG Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws.
No Guarantee of Impact: We make no representation or guarantee as to the number of viewers or followers yourContent will have on the China Accounts or on the Platform or Site. You acknowledge and agree that we have no control over and will not be responsible for the results of your use of the Services and you are not relying upon any information, descriptions, projections, promises, representations, warranties, advice or recommendations made to you by us, either orally or in writing, except as specifically set forth in these Consumer terms.
YOUR USE OF THE SITE AND THE PLATFORM IS AT YOUR OWN RISK. EGG PROVIDES THE SITE AND PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EGG DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the above, EGG makes no representations or warranties concerning:
- The availability of the Platform and/or Site in a particular jurisdiction.
- The availability of the Platform and/or Site for any particular device, operating system, or browser.
- The continued support for a particular feature of the Platform and/or Site.
- EGG does not guarantee that you will be able to use the Platform and/or Site at all times, or view any Services uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
- The content of any Services or the suitability of any Services for any audience.
- The continued availability of any Services or the availability of particular Services within a network channel. Services may be withdrawn at any time without notice.
- Any of EGG’s actions or omissions with respect to your personal information.
9. Limitation of Liability and Waiver/Release
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EGG, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES,REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA,OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOUAND EGG; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $100 OR THE AMOUNTS PAIDBY YOU TO EGG OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.
The foregoing limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not EGG has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.
You agree that neither EGG, nor its officers, directors, employees, agents, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the EGG Site and/or Platform, the Services, the Content, EGG Content or any EGG technology. you specifically acknowledge that EGG shall not be liable for third party content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. you hereby release and forever waive any and all claims you may have against EGG, its officers, directors, employees, agents, licensors or suppliers(including but not limited to claims based upon the negligence of EGG, its officers, directors, employees, agents, licensors or suppliers) for losses or damages you sustain in connection with your use of the EGG Site and/or Platform and the Services.
10. Representations and Indemnification
You further represent that you will not use the Services to, and that the Content will not: (a) infringe on the intellectual property rights of any third party or any rights of privacy or publicity; (b) defame, threaten or abuse, use profanity, malicious or any hate speech or other inciting language, or promote any illegal service or activity; (c) violate any law, statute, ordinance or regulation; (d) produce “spam,” or cause the Services or EGG Platform and Site to be used for unintended commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; (e) introduce any malicious code, such as viruses, time bombs, cancelbots, worms, Trojan horse, spyware, or other potentially harmful programs or other material or information; (f) reverse engineer, compromise or create derivative works of any aspect of the EGG Platform, or circumvent, disable or otherwise interfere with security-related features of the EGG Platform and Site. You further represent that you have the right to authorize and grant the permissions given herein.
You shall indemnify, defend, and hold harmless EGG and its parent, directors, officers, employees, representatives, consultants, agents, suppliers, and partners from any liability, claim, demand, damages, losses, and costs (including attorneys’ fees) arising from: (i) your unauthorized use of any Services; (ii) your breach of this Agreement or any representations or warranties or violation of any law or third-party right; (iii) any Content that you upload or submit to us.
11. Arbitration Agreement; Jury Waiver; Class Action Waiver
This Section 11 sets forth a binding arbitration agreement between you and EGG (the “Arbitration Agreement”). In this Arbitration Agreement, you agree:
- To arbitrate all claims relating to the Platform and/or the Site;
- To waive your right to a trial by jury; and
- To waive any right to proceed on a class basis in arbitration or otherwise.
11.1 Arbitration Agreement
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or your use of the Site shall be Binding Arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures.
Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and EGG are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing (if any). The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
11.3 Location of Hearing
If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any)shall take place in Los Angeles County, California, United States of America.
11.4 Class-Action Waiver
EACH PARTY WAIVES ITS RIGHT TO GOTO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
11.5 Exception for Small Claims Court Matters
Notwithstanding the above, each party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction pursuant to Rule 1 of JAMS’ Consumer Minimum Standards. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.
11.6 Jurisdiction and Venue
The Federal Arbitration Agreement(“FAA”) shall govern this Arbitration Agreement. To the extent not preempted or inconsistent with the FAA, the choice of law provisions in Section 12 are incorporated and are applicable to this Arbitration Agreement. Any arbitration award may be entered in a court of competent jurisdiction.
12. General Provisions
Choice of Law: Any disputes relating to this Agreement or your use of the Site will be governed by the laws of the state of California and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The Uniform Commercial Code, the UniformComputer Information Transaction Act, and the United Nations Convention ofControls for International Sale of Goods shall not apply.
Choice of Venue forLitigation; Jury Trial Waiver: Any proceeding to enforce theArbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.In the event that the Arbitration Agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in Los Angeles County,California. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and, to the extent permitted by law, both EGG and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.
Legal Disclosure: We reserve the right at all times to disclose information based on your account and your Content as necessary to satisfy any law, regulation or governmental request, or subpoena or court order, provided we promptly notify you of such disclosure request and reasonably assist you in obtaining any protective order from such disclosure, if available.
No Waiver: The failure of EGG to exercise or enforce any term of this Agreement will not constitute a waiver of such term.
Provisions Severable: If any term of this Agreement is held invalid or unenforceable, that term will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining terms will remain in full force and effect.
No Third Parties: No third parties shall have any rights under this Agreement, except indemnified parties may enforce indemnification rights.
Force Majeure: EGG shall not be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.
U.S. Export Compliance: You may not use the Platform and/or Site if (i) you are personally subject to U.S.government sanctions or (ii) you are located in a country that is subject toU.S. Government sanctions such that your use of the Platform and/or the Site would violate U.S. law. You represent and warrant that you are not subject to such sanctions.
Entire Agreement: ThisAgreement sets forth the entire understanding between you and EGG concerning your use of the Platform and Site and supersedes all prior agreements regarding the same. This Agreement may only be modified by us. Any changes will be posted to the Site and will apply prospectively.
Contact Us: If you have any support questions or legal notices, please contact us at firstname.lastname@example.org.