Terms of Use For HUI BAO PEN

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The following are terms and conditions of a legal agreement between you and Hui Bao Pen and its subdomains (collectively, “Hui Bao Pen”, “we”, “us”, or “our”). By opening an online shop, buying and selling products on Hui Bao Pen, you acknowledge you have read, understood, and agree to be bound by these Conditions and to comply with all applicable laws and regulations. If you do not agree with these Conditions, you should not use the Website or Services.

1. Terms and definitions
1.1. Agreement shall mean the text of this document with all its annexes, amendments and supplements available on:http://www.narkii.com/club/thread-403266-1.html, and an agreement with a User concluded on its terms.

1.2. User shall mean a registered member who wishes to use or has already been using the Website in accordance with the terms of the Agreement for buying and selling original models, tutorials, plugins, textures, maps, etc..
1.3. Registration shall mean successful filling of the registration form by the User which enables to create a Personal Account of the User on the Website.
1.4. Personal Account shall mean a set of data relating to the User including the information given by the User and the internal information of the Service relating to the User.
1.5. Messages and Materials (Content) shall mean informative statements and other posts of the User relating to the Website topics including pictures taken by the User and the materials of other nature approved by the Website which have been posted by the User and are available for an unlimited number of Website visitors.
1.6. Website shall mean the website www.narkii.com and their subdomains.
1.7. Service (Services) shall mean a set of technical and technological opportunities of the Website provided to the User by Hui Bao Pen after accepting the Agreement.

2. Subject of the Agreement

2.1. Use of the Service of any kind within its functionalities by the User including

· viewing of the Messages and/or Materials posted on the Website;

· registration and/or log in to the Website;

· posting or display on the Website of any Messages and/or Materials including but not limited to: texts, hyperlinks, images, audio and video files, data and/or other information;

· other use of the Service functionalities;
2.2. If the User has taken advantage of any of the above mentioned opportunities of the Service he confirms that:
а) He has been fully familiar with the terms of the Agreement and binding documents specified herein before starting to use the Service.
b) He fully accepts all the terms of the Agreement and binding documents specified herein without any exemptions or limitations whatsoever and he shall follow them or stop using the Service.
2.3. The Agreement is considered by the Parties and accepted by the User together with Website Terms and Privacy Policy only which shall be binding for the Parties and an integral part of the Agreement.
2.4. The User acknowledges that the Website and the Service are complex results of intellectual (creative) activity and accepts the Website on an “as is” basis. The User has the right at any time and at his sole discretion to refuse the use of the Website and the Service.
2.5. The terms of this Agreement regulating the procedure of Messages and Materials posting and procedure of the Service use shall be binding for the User immediately after the registration.
2.6. Hui Bao Pen has the right not to provide unregistered visitors of the Website with any opportunities of the Service.

3. Rights and obligations ofHui Bao Pen

3.1. Hui Bao Pen has the right to improve the Service, increase its opportunities.
3.2. Hui Bao Pen has the right to notify the User of the new Service opportunities via e-mail address specified by the User at the stage of Registration.
3.3. Hui Bao Pen has the right to modify the Website in any way at its sole discretion without the prior consent of the User, to change the Website design and Service terms, add new Services, stop providing Services in particular and also terminate access to the Website during the performance of works mentioned above.
In case of considerable termination of access to the Website and/or the Service (more than 24 hours) Hui Bao Pen shall make every effort to notify the User, should it be possible.
3.4. Hui Bao Pen has the right to promote the Website and the Service; to post advertising materials on any page of the Website including but not limited to: contextual advertising, banners, online video, animating and advertising commercials.
3.5. Hui Bao Pen has the right to deny the registration of any User, temporarily suspend access to the Personal Account of the User and delete the Personal Account of the User without prior notice and without explanation if not otherwise provided by the separate contract with the User.
3.6. Hui Bao Pen reserves the right to change the terms of the Agreement unilaterally and without prior notice to Users making an updated text available on: http://www.narkii.com/club/thread-403266-1.html
3.7. Hui Bao Pen has the right to take measures stipulated by the Agreement against the User violating the terms of the Agreement as well as to insist on imposing sanctions prescribed by the legislation of China on the User.

3.8. Hui Bao Pen shall take all the measures in its power to ensure privacy of the personal data of the User specified by him at the stage of registration and in the following use of the Service in accordance with the Privacy Policy.  
3.9. Hui Bao Pen has the right to monitor the content of Messages and Materials including changing or editing of Messages and Materials at its option (deletion of obscene words, correction of grammar mistakes in particular with the signed annotation “deleted/corrected by the moderator”) without prior consent of the User as well as deletion of Messages and Materials at any time without prior notice. The User accepts that the Hui Bao Pen is not obliged to identify the User by posting his name, contacts and/or pictures in particular.
3.10. The Parties agree that the Website and the Service are complex intellectual products and that posted Messages and Materials become an integral part of these products. The User therefore shall accept that the Hui Bao Pen fully possesses exclusive copyright to this compound (complex) work including Messages and Materials of the User and other Website visitors.

4. Rights and obligations of the User:

4.1. The User guarantees that his paid resources are original and that he has the right to enter into this Agreement.
4.2. The User has the right to use the Website and the Service in accordance with the Agreement.
4.3. The User has the right to get familiar with any information of the Website. The User accepts that access to some kind of information can be limited due to additional organizational and technical or legal procedures specified by the Hui Bao Pen and/or Service Terms and Conditions as well as because of the Service failure.
4.4. After registration on the Website the User has the right to post Messages and Materials which content fully comply with the legislation of China and which as well:

· do not include obscenities, insults, harm, threatens, slander, false information or pornography;

· cannot and do not aim to prejudice honour, dignity or reputation of other persons (do not include unfounded suggestions against the third persons, unverified facts and such mentions of the third persons which can affect demand for their services and work in particular);

· do not encourage religious, racial, ethnical or national discord;

· do not contain violence;

· do not contain unauthorized borrowings, plagiarism, breach of rights to a name, or otherwise violate rights to results of intellectual activity and means of identification of the Hui Bao Pen and the third persons stipulated by the law (copyright, related rights, patent rights, know-how rights, trademark rights, etc.) and do not copy other materials posted on the Website by the User as well;

· do not violate rights of minors, their guardians and representatives;

· do not contain information which constitutes commercial, office, medical, bank secrecy or other as well as other data access to which is limited by the legislation of China;

· are free of viruses or other computer codes, programs and files aimed at disruption of functionality of technical means (computer, telecommunication equipment, etc.);

· do not contain advertisement unless it agreed by the Hui Bao Pen;

· do not contain Spam and Flood.

4.5. The User shall take full personal responsibility for the content of Messages and Materials, for their compliance with the rules of the Chinese and international law.
4.6. The User has no right to sell Messages and Materials from other Internet resources, mass media and other information sources in bad faith (without consent of the owner) on the Website. If the User copies and borrows Messages and Materials from other Internet resources, mass media and other information sources, he should note the owner when share them on the Website for free. The User is fully responsible for violation of the legislation concerning intellectual property.
4.7. The User guarantees that he is an author and a sole owner of the exclusive right to use Messages and Materials posted on the Website by the User and that any other persons will not take any claims against the Hui Bao Pen in relation to the use of Messages and Materials on the Website. 4.8. The User has the right to introduce his wishes, suggestions, questions and claims to the Hui Bao Pen in relation to the Website and Service operation as well as in other cases when rapid communication with a Hui Bao Pen’s specialist or with a developer of the Website Software is necessary in accordance with section 8 of the Agreement.
4.9. In accordance with section 8 of the Agreement the User shall immediately notify the Hui Bao Pen:

· if any registered user violates the terms of the Agreement;

· in case of copying and using of the informative content of the Website including certain Messages and Materials on other websites.

5. Liability limitation

5.1. By using the Website and the Service the User accepts that their operation may not be correct and agrees that authors of the Website Software and the Hui Bao Pen are not financially responsible for any consequences of the Website and the Service operation, for working capacity of technical means of the User and for compliance of the Website and the Service with the User’s purposes.
5.2. The Hui Bao Pen shall not be responsible for any misrepresentation, modification and illusion of display of Messages and Materials of the User on the Website even though it caused a negative judgment against the User.  
5.3. The User agrees that the Hui Bao Pen shall provide the Website and the Service operation but it shall not be responsible for trouble-free operation, for possible loss of Messages and Materials and for other inconveniences and losses during the Website use.   
5.4. The Hui Bao Pen shall not be responsible for non-performance or improper performance of its obligations due to failures in the telecommunications and energy networks, the actions of malicious programs as well as unfair actions of the third persons to obtain unauthorized access and/or removal failure of the Software/hardware complex of the Hui Bao Pen.
5.5. The Website content is informational only. The Hui Bao Pen shall not be responsible for inaccurate data. The Hui Bao Pen shall not be responsible for possible losses which can be caused by using information from the Website.
5.6. The Hui Bao Pen is totally separated from the Content posted on the Website by the User and it shall not check nature, authentication and safety of such Content or its components as well as its compliance with the requirements of the applicable law and the User’s rights for its distribution and/or use.

6. Intellectual property

6.1. The User has the right under the Agreement to use the Website and the Service on the terms of the Agreement during its validity period.
6.2. Other use of the Website and/or the Service including copy (reproduction) of the Website Content and elements of the Website design and the Software, their decompilation and modification is strictly prohibited.
6.3. The Hui Bao Pen has the right to set limits and other technical restrictions of use of which the Users will be occasionally notified in a way chosen by the Hui Bao Pen.   
6.4. The User accepts that the Hui Bao Pen has exclusive right (in full) both for mentioned products and their components and derived products.
6.5. By acceptance of the terms of the Agreement the User provides the Hui Bao Pen with a free common (non-exclusive) license for use of the Content he added to the Website.
6.6. Mentioned non-exclusive license for use of the Content is granted to the Hui Bao Pen at the same time when the Content is added to the Website for the entire validity period of exclusive rights for the objects of copyright and (or) related rights shaping such Content, to be used in all the countries of the world.
6.7. Under non-exclusive license granted to the Hui Bao Pen the Content can be used in the following ways:

· to reproduce the Content that is to embody one or more copies of the Content as well as to record and store it on the electronic media (reproduction right);

· distribute copies of the Content that it to provide access to the reproduced Content including network and other distribution as well as sale, renting, loan including import for any of this purposes (right of distribution);

· to display the Content in public (right for the public display);

· to perform the Content in public (right for public performance);

· to provide the Content so that any person at any time and from any place would have online access to it at his option  (right for making available to the public);

· to modify the Content that is to transform or to alter the Content in any way including the translation of the Content from one language into another (right of modification);

· to assign the rights, wholly or partially, to the third persons (right for sublicense).

7. Liability of the User

7.1. Spam and Flood are prohibited.
7.2. In case of the third persons’ claims relating to the User’s violation of property and/or personal non-property rights of the third persons as well as prohibitions and limitations stipulated by the law the User shall upon the Hui Bao Pen’s request officially identify himself providing the Hui Bao Pen with a notarized obligation to settle accrued claims by his own efforts and at his own expense specifying his passport details.
7.3. If in the Hui Bao Pen’s opinion the Content violates the terms of the Agreement the Hui Bao Pen has the right at its sole discretion to apply sanctions including but not limited to:

· a warning of the User;

· blocking of the User’s Personal Account without granting the right for re-registration on the Website in particular;

· demand to impose on the User sanctions prescribed by the current legislation of china.

7.4. The Hui Bao Pen has the right to delete or block any Messages or Materials of the User as well as to delete or block the User’s Personal Account without prior notice or without explanation.
7.5. In accordance with the legislation the User shall bear civil, criminal and administrative liability for use of the Website, the Service and the Software otherwise than stipulated by the Agreement which shall be deemed as violation of the rights of the Hui Bao Pen and the third persons.
7.6. If the Hui Bao Pen is found liable for the User’s violation of the rights and/or interests of the third persons or if it is subjected to any penalties or prohibitions and restrictions prescribed by the law the User shall fully reimburse losses suffered by the Hui Bao Pen.
8. Review of complaints and requests

8.1. If your rights and/or interests have been violated in relation to the Service use and posting of inadequate Content on the Website by another User you shall notify the Hui Bao Pen. Thus you shall provide the Hui Bao Pen with a written notice containing details of the circumstances of violation and hyperlink to the network address of the Content use of which violates your rights and/or interests.
8.2. Any questions, suggestions, comments, complaints and other messages of the User concerning the Website and the Service operation shall be sent to the Hui Bao Pen to the following e-mail address:huibaopen@narkii.com
8.3. The Hui Bao Pen shall not be responsible for the User’s receipt of an answer for his request. If the User has not received a Hui Bao Pen’s answer within 30 (thirty) days after the receipt of the request the User send a renewed request to the mail address of the Hui Bao Pen specified below in section of details by registered mail with acknowledgement of receipt.
8.4. The Hui Bao Pen shall not consider messages of the User sent to the Hui Bao Pen which do not enable to identify the User.
8.5. If the User does not agree to the reasoning of the Hui Bao Pen’s answer he has the right to send a renewed letter containing details of the situation or/and question or/and suggestion to the Hui Bao Pen.
8.6. Any claims of the User directly addressed to the Hui Bao Pen or relating to the Website shall be settled before trial in accordance with a procedure of written messages exchange mentioned above.

9. Notification

9.1. By acceptance of the Agreement the User gives his consent to receive informative electronic messages (hereinafter referred as “notifications”) concerning important events occurring within the Website or in connection with it via e-mail address specified in his Personal Account.
9.2. The Hui Bao Pen has the right to use notifications to notify the User of changes or new opportunities of the Website and/or the Service and/or of change of the Agreement or Binding documents stipulated thereby.

10. Use of electronic signature

10.1. During the relationship between the Hui Bao Pen and the User electronic documents authorized by a common electronic signature can be used.
10.2. An electronic signature which confirms the fact of forming of the electronic signature directly by the User by using his login and password or e-mail specified in the Personal Account of the User (electronic signature key) shall be recognized as a common electronic signature.
10.3. By mutual agreement of the Parties electronic documents signed by the common electronic signature shall be equivalent to hardcopy documents with a handwritten signature.
10.4. The Hui Bao Pen identifies the User applying a common electronic signature by login and password of the User specified at the stage of registration or/and log in to the Service – in case of any actions relating to the Service use, or by the User’s e-mail – if the Hui Bao Pen has received messages from this e-mail.  
10.5. Any actions performed by use of the common electronic signature shall be deemed performed by such a User.
10.6. If the User uploads the Model to the Website or registers an order for purchase of an access to the Model by using the software in his Personal Account or by sending an electronic letter to the Owner from the address specified in his Personal Account it certifies signing of such an electronic document with the common electronic signature of the User and confirms his intention to enter into a separate contract concerning such Models.
10.7. The User shall keep electronic signature key in secret. The User has no right to share his login and password or provide access to his e-mail to the third persons and he shall be fully responsible for their safekeeping and individual use choosing a way of their keeping and restriction of an access to them on his own.   
10.8. In case of an unauthorized access to login and password, their loss or disclosure to the third persons the User shall immediately notify the Hui Bao Pen by an electronic letter from the e-mail address specified in his Personal Account.   
10.9. In case of loss or an unauthorized access to the e-mail specified in the Personal Account the User shall immediately change such an e-mail and notify the Hui Bao Pen by an electronic letter from the new e-mail.

11. Validity of the Agreement

11.1. The Agreement shall come into force upon its acceptance by the User and remains in force indefinitely.
11.2. The Owner could unilaterally amend or terminate the Agreement without prior notice and without any associated compensation.
11.3. The User is bound to accept provisions of a new version of the Agreement for further operation of the User’s Personal Account.
11.4. The User has the right not to accept a new version of the Agreement during the Hui Bao Pen’s notification of the User of change of the Agreement which will be followed by immediate deactivation of access to the Personal Account. The Hui Bao Pen therefore reserves the right to keep the User’s data in accordance with the Privacy Policy.  
11.5. Current version of the Agreement is available on http://www.narkii.com/club/thread-403266-1.html

12. Other terms and conditions

12.1. Registered User defines the terms and use of the Personal Account and other functionalities of the Service on his own provided they do not interfere with the Agreement.
12.2. Applicable law. The Agreement, procedure of its conclusion and performance as well as the issues which are not stipulated by the Agreement shall be governed by the current legislation of China.
12.3. Arbitration. All disputes that arise between the Parties in connection with this Agreement shall be settled in court at the Hui Bao Pen’s location.
12.4. Hui Bao Pen’s details:
Narkii (Fujian) Information Technology Co., Ltd

Address: NO.101 Building 5, Jinjiang International Industrial Design Park, Qingyang Street, Jinjiang City, Fujian Province, China

P.C. 362200

TEL:086-595-85673919   FAX: 086-595-85238660

HTTP:www.narkii.com

Terms of Use available on http://www.narkii.com/club/thread-403266-1.html Privacy policy available on http://www.narkii.com/club/thread-403267-1.html License Agreement available on http://www.narkii.com/club/thread-403268-1.html