Terms of Use
Thank you for using the Scooper Media Platform!
In order to serve you better, please read this Agreement carefully, understand and consent to the Agreement before you make the registration. This Agreement covers the rights and obligations between you and TRANSBYTE(HK) LIMITED (hereinafter referred to as "Scooper") regarding all your activities in connection with your registration, logging onto and use of the Scooper Media Platform. Your clicking the "agree" button during the registration process, your registration, login and/or use all indicates that you have fully and completely understood, agreed to and accepted to enter into this Agreement with Scooper, and you are willing to comply with this Agreement as well as the other rules and norms published on the Scooper Media Platform. You are not entitled to use Scooper Media Platform or the relevant services unless you have read and accepted all provisions of this Agreement. Your activities of registration, use and login etc. are all deemed that you have read the Agreement and are willing to be bound by it.
1. Definition
- 1.1 You/ Media Writer: shall mean the natural persons, legal persons or other institutions that log onto the Scooper Media Platform to upload, release or provide links or use other means to distribute its contents (including text, images, audio, video, graphics, comics, etc.) after having filed valid applications and made the registration.
- 1.2 Scooper Media Platform/ Platform: shall mean the content distribution channel operated or owned by Scooper ,its Affiliates to natural persons, legal persons or other institutions, including but not limited to, media and content partners. After you have registered with the Scooper Media Platform, you may upload and publish contents, distribute information, and communicate with Users.
- 1.3 Users: shall mean all users directly or indirectly using the relevant mobile internet services through Scooper’s Product.
- 1.4 Scooper’s Product: shall mean the operation channel products provided by Scooper, its Affiliates , and other authorized third parties, including but not limited to Scooper APP , Scooper websites, its Affiliates APPs/websites , third party APPs/websites.
- 1.5 Content: shall mean the content You provide on the Scooper Media Platform to Scooper.
- 1.6 Affiliates: shall mean any enterprise entity, which controls or is controlled by or under the same control with a party directly or indirectly. The aforementioned "control" refers to the ability and power to direct the operation and decision making of such enterprise entity by taking more than fifty percent (50%) shareholder voting rights of the enterprise entity controlled through agreement or other means.
2. Registration and Use of Account
- 2.1 The Scooper Media Platform is open only to the Media Writers invited at present. When you meet the registration conditions for the Scooper Media Platform, the Scooper Media Platform will provide you an account (hereinafter referred to as "Account") to log in.The Account may request you to further provide true, accurate, legitimate, valid identity certification and the necessary information (including without limitation your name, e-mail address, telephone number and contact address) in order for Scooper to contact you or complete the payment process with you when necessary.
- 2.2 After your registration has been approved, you will have the right to use the Scooper Media Platform. You may log in and create, copy, publish, distribute and submit Contents on the Scooper Media Platform. The Accounts of the Scooper Media Platform all belong to Scooper. Scooper is entitled to recover the Accounts based on its operational needs. At the same time, you are prohibited to donate, borrow, lend, rent or sell the Accounts. If you breach this term, Scooper is entitled to suspend, cancel or stop providing services to such Account without any liability, which may lead to such consequences, including but not limited to, interruption of your communications, clearing of your information and contents, and withholding any payment.All the losses shall be borne by yourself.
3. Grant of License
- 3.1 You hereby grants Scooper and its Affiliates a global, irrevocable , non-exclusive license to distribute, show, promote or in other reasonable ways etc( "Authorized Way ") use the Contents in Scooper’s Product in a designated term(here refers to 1 years from the date of the approval of your Contents) .Scooper and its Affiliates have the right to use the Contents in Authorized Way at its sole direction ,and is regarded as the royalty fees paid.
- 3.2 You fully understand and agree that Scooper has the right to display the commercial advertisement or commercial information of the Contents while using in the Scooper’s Products,and Scooper is entitled not to share the revenue generated herein to you.
4. Your Rights and Obligations
- 4.1 You shall be responsible for the authenticity, accuracy, legality and validity of the information and materials submitted by you at the time of registration and usage. and you shall bear all legal liabilities with respect to the problems caused thereby.
- 4.2 Please keep your Account properly. You shall assume full legal responsibilities with respect to all activities that occur under this Account. You shall not disclose your Account and password to any third parties. In case you find or suspect that your Account has been used by others, please notify Scooper as soon as possible to avoid losses to your interests.
- 4.3 Please ensure that you own the legal rights with respect to any Contents made, copied, uploaded, released and/or distributed by you on the Scooper Media Platform, and those Contents have to be released/published originally and firstly on Scooper Media Platform. In case of violation, Scooper is entitled to process in accordance with the rules of Scooper Media Platform(including but not limited to, withholding the payment ,downgrading, bearing all the legal liabilities yourself).
- 4.4 The Scooper Media Platform is entitled to review the Contents submitted and published by you. The Scooper Media Platform may decide whether to approve the Contents submitted by you or whether it can be viewed by users at its own discretion. The review by Scooper Media Platform of the Contents submitted and published by you does not exempt your obligation of ensuring your legal rights to such Contents.
- 4.5 You shall comply with the provisions of this Agreement, your words and acts shall also comply with the relevant provisions of laws and or regulations and other jurisdictions applicable as well as international treaties, the rules of Scooper Media Platform. Any Contents made, copied, uploaded, published and distributed by you in the course of using the Scooper Media Platform, including but not limited to, profile photo, account name, user description, registration information and other information, or such sending, responding, comment and relevant links in the form of text, voice, picture, video, graphic, chart, comic, etc., as well as the Contents generated using the Scooper Media Platform services, shall not contain the Contents forbidden by laws, regulations and policies which are:
- (1) against the basic principles established by the applicable laws, regulations and policies;
- (2) jeopardizing national security, leaking state secrets, subverting state power, undermining national unity;
- (3) harming national honor and interests;
- (4) inciting ethnic hatred, ethnic discrimination, undermining unity among ethnic groups;
- (5) violating the state religion policies or propagating cults and feudal superstition;
- (6) spreading rumors, disturbing social order or undermining social stability;spreading obscenity, pornography, gambling, violence, murder, terrorism or abetting crimes;
- (7) insulting or slandering others, infringing upon the legitimate rights of others;
- (8) containing other content information prohibited by laws, regulations and policies.
- 4.6 In order to ensure the normal operation of the Scooper Media Platform and Users’ good experience, please do not use Scooper Media Platform to produce, copy, upload, publish or distribute:
- (1) any content containing any sexual or sexually complication or any other vulgar information;
- (2) harassment and spam advertisement;
- (3) any information involving others’privacy, personal information or materials;
- (4) any information infringing upon the legitimate rights, reputation, image rights, intellectual property rights, trade secrets, etc. of any third party;
- (5) any other information interfering with the normal operation of the Scooper Media Platform, infringing upon the legitimate rights and interests of other users or any third party.
- 4.7 To ensure the interests of Scooper and Users, when using Scooper Media Platform, please do not do the following acts :
- (1) submitting and publishing false information, or acting by pretending to be others or in others’ name;
- (2) forcing or inducing other users to note or click the link page or share information;
- (3) faking facts or concealing the truth in order to mislead or deceive others;
- (4) infringing upon the legitimate rights of others, such as reputation, image rights, intellectual property rights and trade secrets;
- (5) using plug-ins, add-ons or other third-party tools or services to connect to this service and related systems without the written consent of Scooper;
- (6) utilizing the Scooper Media Platform and/or the Account to commit illegal and criminal activities;
- (7) producing and publishing the methods and tools related to the aforesaid activities, or operating or distributing such methods or tools;
- (8) other acts which violate the provisions of laws and regulations, infringe upon the legitimate rights and interests of other users, or interfere with the normal operation of the product or are not authorized by Scooper expressly.
- 4.8 Please do not use without authorization any trademark, service mark, trade name, domain name, website name, or other distinctive brand feature of Scooper under any circumstances which include, but are not limited to, "Scooper", "Scooper", "Scooper Media Platform", "ScooperHeadline" , "Scooper.com" etc.. Without the prior written consent of Scooper, you may not demonstrate, use or apply for trademark registration or domain name registration with the logo of this Scooper Media Platform in any way, or carry on any activities which show to the others in express or implied ways that you have the right to display, use, or otherwise deal with the mark of this platform. You shall be liable for the relevant legal liabilities in case you illegal use of the Scooper logo causes damage to Scooper or others.
- 4.9 If you need to create derivatives or run commercials on Scooper Media Platform, please submit additional written authorization application, subject to such conditions and the consent of Scooper, you can do so such as commercial advertising or promotional activities through Scooper Media Platform.
5. Scooper’s Rights and Obligations
- 5.1 Entering into this Agreement by you and Scooper constitutes your authorization for Scooper to use and promote all Contents provided by you through the Scooper Media Platform. Scooper is entitled to use and promote the Contents above in Scooper’s Product, and Scooper is entitled to have the sole right to determine the specific scope of Scooper’s Product for using the aforesaid Contents.
- 5.2 To protect the interests of the Users, Scooper has the right to review the Contents, materials and information submitted by you ,and to request you to correct or supplement the relevant materials. Please understand that if you refuse to correct or supplement the relevant materials, you may not be able to use this Platform. Scooper's review does not create a release of your liability for warranting the authenticity, accuracy, and legitimacy of the Contents, materials and information submitted by you. You shall bear the responsibility for the Contents, information and material independently and in the event that any damage was caused to Scooper or third parties therefrom, you shall bear the legal responsibility and make compensations for loss and damages of Scooper.
- 5.3 Scooper will provides technical supports to help you using this Platform.
- 5.4 If you stop using this Platform, Scooper may decide whether to remove your data from the server permanently without the obligation to return any data to you at its sole discretion.
- 5.5 Scooper reserves the right to change, suspend, restrict, terminate or revoke the Scooper Media Platform service. Scooper may notify you through such means as web page announcement, e-mail, telephone or mail, which shall be deemed having been served on the recipient upon sending out and Scooper shall not be liable to you for that in any way.
- 5.6 Scooper will adjust the display of the advertisement in the Contents published by you at any time based on the effects of advertising. The factors subject to such adjustment include but are not limited to the place, number and displaying Contents of the advertisement, etc..
- 5.7 Scooper has the right to terminate this Agreement when Scooper decides that the Contents do not meet the requirements of the Platform, and will give a written notice to you and then close your Account.While closing your Account will not affect your rights within the validity period of the Account.
6. Intellectual Property Rights
- 6.1 The intellectual property rights to any Contents uploaded and published by you through the Scooper Media Platform remain with you or the owner of such intellectual property rights. You grant Scooper, its affiliates and its cooperation partners a worldwide, designated term, irrevocable, free and non-exclusive license to use all Contents provided by you in Scooper’s Product and authorize Scooper and its affiliates to defend the rights against the infringement activities to the intellectual property rights of the aforesaid Contents in its own name or through retaining a professional third party, which include but are not limited to, monitoring the infringement activities, sending letters of claim, filing litigation or arbitration, mediation, reconciliation, etc.. Scooper and its affiliates may make decisions on and implement matters in relation to right defense in dependently.
- 6.2 If a third party claims intellectual property rights or other related rights with Scooper regarding the Contents, you shall indemnify Scooper as provided under Section 6.3 below which represents Scooper’s sole remedy with respect thereto.
- 6.3 In addition to indemnification specified above, when a third party claim or lawsuit has caused or may cause compensation, , Scooper is entitled to terminate the Agreement, and you shall bear all corresponding compensation for the losses caused to Scooper, In case such actions cause any losses to Scooper or any third party, you shall be responsible for making compensations and keeping them free from any damages. Such losses include but are not limited to court charges, attorney fees, settlement costs, fines or other damage compensations set forth in effective legal instruments as well as other direct or indirect expenses..
- 6.4 The Platform , the Scooper’s Products , the intellectual property rights to the Contents (including but not limited to web pages, text, images, audio, video, graphics, etc.) provided by Scooper and its affiliates in this service shall remain with Scooper and its affiliates. The copyrights, patents and other intellectual property rights to the platform on which Scooper provides this service are all owned by Scooper.
7. Privacy Policy
Scooper pays attention to the protection of your personal data and has made the privacy policy. The privacy policy states the detailed information of the way Scooper collects, stores, and uses your personal data. For details, please refer to "Privacy Policy”.
8. Legal Liabilities
- 8.1 If the registration information and materials submitted by you are untrue, incomplete, illegal or invalid, all the legal responsibilities caused thereby or arising shall be borne by you. Scooper is entitled to ban or delete your Account, as well as suspend or terminate the provision of the relevant services of the Scooper Media Platform to you.
- 8.2 You understand and acknowledge that the Scooper Media Platform is a platform for information sharing, distribution and obtaining. When using the Scooper Media Platform, you shall judge the Contents by yourself and assume all risks arising out of using such Contents, including risks in relation to your relying on the authenticity, legitimacy, accuracy and validity of the Contents. You must be responsible for all actions under your registered Account, including the authenticity, legality, accuracy and validity of the Contents published by you, and assume all consequences arising out of the use, operation, and management of your Account. Scooper shall not assume liabilities with respect to the losses or damages caused by your actions. If you find any breach of this Agreement by anyone or any use of the Scooper Media Platform service by anyone in other improper ways, please immediately notice Scooper .
- 8.3 With respect to those actions in violation of relevant laws and regulations and the provisions of this Agreement, Scooper will make judgment and deal with them reasonably in accordance with the law and the aforesaid rules, take appropriate legal actions against any person in violation of laws and regulations, and preserve relevant information and report to the relevant departments according to laws and regulations.
- 8.4 If Scooper finds that you are using this platform account improperly or your Account is reported and complained by others, Scooper has the right to delete the relevant Contents without notice at any time, and deal with the Account in violation in accordance with the specific circumstances of the illegal actions,4.including but not limited to warnings, deleting some or all subscribers, restricting or prohibiting the use of all or some functions, closing the Account or even canceling the Account. It is also entitled to publicly announce the results.
- 8.5 In case such force majeure events as technical failures affect the normal operation of the service, Scooper and its cooperation partners promise to immediately cooperate with the relevant departments to deal with the matter and repair it timely, provided that Scooper or its cooperation partners shall bear no responsibility with respect to all losses suffered by you as a result of causes attributable to third parties, such as communications line failures of the telecom operators, technical problems, networks and computer malfunction, system instability and various other force majeure events.
9. Payment
- 9.1 When the contents submitted and published by you through the backstage of Scooper are published on the Scooper Media Platform after having been reviewed by Scooper, Scooper will pay to you. The specific price of the Contents will release in the Scooper Media Platform.
- 9.2 The payment will be settled in USD. The exchange rate is settled according to the real-time exchange rate at the time of payment. Due to the normal fluctuation of exchange rate and bank charges, there will be part of the difference in the receipt payment, which shall be borne by yourself, and Scooper will not pay separately.
- 9.3 The billing period will be on the calendar month basis. In case the starting month or the month when the cooperation expires is less than a calendar month, such a month shall be regarded as a calendar month for the purpose of settlement. Within 5 working days after the end of a billing period, Scooper shall provide the billing statement to you, and you shall complete the confirmation and provide the corresponding bank information within 5 working days. In case you fail to make the confirmation or raise any disagreement to Scooper within such period, it shall be deemed that you accept Scooper's statement. 3.If you fail to provide Scooper with the corresponding bank information within the period, Scooper shall have the right to refuse to pay until you have provided the valid bank information corresponding to the full amount payable.
- 9.4 Scooper shall pay your monthly income to your designated account within 20 working days from the date of receipt of your confirmation of the statement. If the settlement amount is less than USD 10 ("Minimum Payment Amount"), such amount shall be accumulated into the amount of the next month and the settlement will be made until the accumulated amount having reached the Minimum Payment Amount.
- 9.5 Scooper will provide the backstage for you to check the revenue data, which shall be based on the data on Scooper’s backstage.
10. Miscellaneous
- 10.1 Your use of the service is deemed that you have read and agreed to be bound by this Agreement.
- 10.2 This Agreement shall come into effect when you click on the “Agree” or “Confirm” button (or otherwise assent indicating button which is subject to the final display on the platform) on the Scooper Media Platform. The term of this Agreement shall begin on the date which you click the "Agree" or "Confirm" button and shall continue for a period of three (3) years. This agreement shall be automatically renewed upon expiration for a further two (2) years unless a written notice is given to the contrary by either party.
- 10.3 Scooper will modify part of this Agreement when necessary. After the modification, a message reminding you of the update will be placed on a prominent place of the page. You shall promptly view the updated agreement. After the modification to this Agreement, if you continue using the Scooper Media Platform, you shall be deemed to have accepted the modified Agreement. If you do not accept the modifications, you should stop using the Scooper Media Platform services.
- 10.4 You and Scooper are independent entities. This Agreement does not create an agency, partnership, joint venture or employment relationship between the two parties under any circumstances.
- 10.5 The establishment, effectiveness, performance, interpretation and dispute resolution are all governed by Hong Kong laws. When certain provisions of this Agreement become void or unenforceable for whatever reason, the remaining provisions shall remain effective and binding on both parties.
- 10.6 In case the two parties have any dispute over the contents or the performance of this Agreement, it shall first be settled by both parties through amicable consultations, failing which, either party is entitled to file an application with the Hong Kong International Arbitration Center (HKIAC) for arbitration by a sole arbitrator in accordance with the arbitration rules then in force.
Scooper Team