Special Note:
Before using the AirDrawing service (hereinafter referred to as “AirDrawing”), you should carefully read and follow AirDrawing Service Agreement (hereinafter referred to as “Agreement”). Make sure you carefully read this Agreement and understand the contents of this Agreement, especially those regarding discharge and limitation of liability, dispute resolution and applicable law, which might be shown in bold-faced fonts. If you have any question, please contact AirDrawing.
Having entered required information, read, and agreed to this Agreement, and finished all necessary steps for registration, either on the AirDrawing registration webpages or on activation pages, or actual using AirDrawing via permissible means by AirDrawing, will be regarded that you have completely read, fully understood, and accepted all terms of this Agreement, and have entered a contract with AirDrawing for its service based on this Agreement.
Hence, you have promised that you will comply with the terms of this Agreement, and will not use it as a reason to, or try to, invalidate or rescind this Agreement that you have not read this Agreement or have inquires unanswered by AirDrawing.
AirDrawing reserves the right to amend one or more clauses of this Agreement, and publish the amended clauses on the AirDrawing website. If you do not agree to the amended clauses, you should stop using AirDrawing service immediately. The amended clauses become effective upon being published on the AirDrawing website.
In addition to the text of this Agreement, the terms of this Agreement also includes copyright statement by AirDrawing, and rules and notices already or to be published by AirDrawing, which form integral part of this Agreement, and have the same effect legally as the text of this Agreement. To better serve you, amendments to this Agreement and related notices will be published on AirDrawing website. Any clause in this Agreement containing text with outstanding characteristics, such as, in Heiti font, bold-faced, underlined, in italics, etc., should be read carefully.
Selecting “AGREE” at end of the registration will be regarded that you have agreed to the terms of this Agreement. Before you continue, make sure that you fully understand the terms of this Agreement. AirDrawing reserves right of interpretation to this Agreement.
1. PARTIES
1.1 In this Agreement, “AirDrawing” refers to Shenzhen AirDrawing Scientech Service Co., Ltd.; “you” refers to a person or persons (including individuals, legal entities or other organizations) that contract AirDrawing for service, or use AirDrawing website(s); “drawing expert” refers to an expert or experts who provide drawing service; “user” refers to a user or users who have legally registered with AirDrawing.
1.2 You confirm that you are an individual, legal entity or other organization having full civil capacity in finishing registration with AirDrawing or actually using AirDrawing service in permissible manner by AirDrawing. If you do not have such aforesaid qualification, you must stop using AirDrawing service immediately, furthermore, AirDrawing has the right to cancel your registration or permanently freeze your account with AirDrawing. For any damage caused due to your disqualification to AirDrawing or any third party, AirDrawing reserves right to seek compensation for such damage from you.
2. REGISTRATION AND ACCOUNT
2.1 After you have provided the required information for registration, read and agreed to this Agreement during registration or activation, or you are using AirDrawing service, you agree to be bound by this Agreement. You may use the email address or the cell phone number you have provided (hereinafter referred to as “login name”), or other means permitted by AirDrawing to log into AirDrawing.
2.2 You agree that you will not sell, transfer, bestow, or bequeath your login name and password, unless permitted by law or court order, and agreed by AirDrawing, and by providing valid documents as required by AirDrawing and following procedures at AirDrawing.
3. USER INFORMATION
3.1 During registration or activation, you shall provide accurate information, as required by law and AirDrawing, keep the information updated when any of it changes, and guarantee that the information is true, timely provided, complete and accurate. In case there is a reasonable reason to believe that the information provided may be wrong, untrue, out-of-date, or incomplete, AirDrawing reserves the right to inquire you or request you to make correction, and to delete related information, or suspend or terminate partial or all of the service to you. AirDrawing shall not be held liable for any consequence due to the incorrect information, and you shall be responsible for any direct and indirect loss or any adverse consequence therefrom.
3.2 You should provide and update timely your email address, phone number, address, post code, etc. in order for AirDrawing or its personnel to contact you. You are responsible for any loss or extra cost due to incorrect contact information provided by you. You understand and agree that you are obligated to keep your contact information true and effective, and should update the contact information in case of any change to the contact information.
3.3 To better serve you, AirDrawing may collect and save your information on software, and hardware from your terminal or browser, and information you uploaded to AirDrawing servers, and information on your use habits, including, but not limited to, your cell phone IMEI, login name, operating system information, your IP address, cookies, GPS or other location information, webpages you visited. AirDrawing has the right, upon the condition that your identity is protected, to analyze and use the information so collected.
4. ACCOUNT SECURITY
4.1 You are obligated to keep your login name and password secure, and also responsible for any activity happened in connection with your login name and password (including, but not limited to, information revealing and publishing, clicking to agree or submit an agreement, to contract or purchase service). You agree that: (a) you will inform AirDrawing immediately of any unauthorized use of your login name and password, any violation of security rules or other event of similar nature, once you are aware of them; and (b) you make sure that at end of each your online session with AirDrawing you always log out of the AirDrawing website or service following proper steps as required by AirDrawing. You understand that AirDrawing needs reasonable time to process your request, and AirDrawing is not responsible for any consequence (including, but not limited to, your loss) already happened before AirDrawing has reasonable time to process you request.
5. RULES OF CONDUCT
5.1You agree to the following rules of conduct in using AirDrawing service:
(1) You shall not use AirDrawing service for any illegal activity.
(2) You shall not spam with garbage messages. “Garbage messages” refers to unsolicited group emails, posts, contact requests, SMS messages, or instant messages.
(3) You shall not publicly show or share materials whose content is impropriate (for instance, involving nudity, bestiality, pornography, violence, or criminal activities) or incompatible with local law or rules.
(4) You shall not engage in activities of fraud or misleading nature (for instance, fabricating false grounds for cash, impersonating, manipulating rankings, ratings or reviews), or in libelous or defamatory activities.
(5) You shall not circumvent any restriction imposed by AirDrawing regarding access to its service or website.
(6) You shall not engage in activities harmful to yourself, AirDrawing service, or a third party (for instance, spreading viruses, stalking, disseminating hatred or violence).
(7) You shall not violate other’s rights (for instance, sharing copyrighted music or other materials without permission).
(8) You shall not engage in activities infringing other’s privacy or protected data.
(9) You shall not aid others in violating paragraphs (1)-(8).
5.2 In case that you have violated subsection 5.1, AirDrawing may stop providing service to you or cancel your account. For subsection 5.1 to be followed, AirDrawing may block communications (such as emails, and instant messages) between you and the AirDrawing service, or, delete or refuse to publish contents from you. In investigating conducts believed to violate subsection 5.1, AirDrawing reserves the right to review the contents from you.
5.3 You shall not act in violation of the law, the rules and regulating documents, the rules and requirements from AirDrawing, common good or public morality, other’s legitimate rights, and contractual duties under this Agreement. You shall indemnify AirDrawing for any loss suffered by AirDrawing either directly or by compensating a third party due to your conduct infringing other’s legitimate rights. You shall be legally responsible for any consequence caused by your violating this Agreement.
6. AIRDRAWING SERVICE
6.1 For requesting service of drawing, you can place order for such service via your registered account, and view and manage the progress of the service and your payment account. When you need to place an order, you should follow the instructions on the AirDrawing website by providing accurate information, which will be kept confidential by AirDrawing under section 7 of this Agreement. If the information you provided is incomplete, AirDrawing will inform you via email, SMS, or phone to request you to correct the information. AirDrawing shall not be responsible for incapacity to fulfill your order due to the delay by you in providing complete information.
6.2 Service Fees and Payment
For inquiry on service pricing, please visit corresponding AirDrawing webpages (AirDrawing has the right to adjust service fees according to market situations and other factors, adjusted fees shall take effect the next day of such adjustments).
After you have placed an order for drawing and provided information needed, AirDrawing will calculate the service fees for you, and you can make payment accordingly.
You may choose the following payment methods:
(1) WeChat Pay;
(2) Online banking;
(3) Alipay; or
(4) AirDrawing payment account (For you convenience, AirDrawing will open a payment account for you after your registration, which you can credit or debit).
You understand and agree that payment of service fees is required for successful placing of an order and assigning a drawing expert to provide drawing service for you. AirDrawing shall not be responsible for being unable to finish your order within the time frame you expected due to delayed payment of service fees.
6.3 SERVICE DEADLINES
For inquiry on service deadlines, please visit corresponding AirDrawing webpages (AirDrawing has the right to adjust service deadlines, and the adjusted service deadlines shall take effect the next day of such adjustments).
6.4 ACCEPTANCE
After the work of drawing has been delivered to you, you shall check the work in a timely manner for acceptance. If you have not responded with opinion on the work within two days of delivery, you are deemed to have accepted the work.
6.5 REFUND
You understand and agree that full or partial refund from AirDrawing can be requested only in one of the following situations:
(1) Due to circumstantial change in market or other factors, AirDrawing becomes unable to provide all the service you requested, if your requested service is not available, both you and AirDrawing have the right to cancel the order, and your payment will be fully refunded.
(2) Before your requested service has been assigned to a drawing expert, you can request a full refund. However, AirDrawing has the right to deduct any expenses already incurred from your payment before refund.
(3) If you request to terminate the contract after your requested service has been assigned to a drawing expert, AirDrawing will refund you after deducting expert’s fee and other expenses already incurred from your payment.
6.6 GUARANTEE
You shall guarantee that you will never seek service from any drawing expert of AirDrawing without contracting AirDrawing, for whatever reason and in whatever way, unless permitted by AirDrawing in writing. Once AirDrawing has found that you received service from a drawing expert of AirDrawing without permission from AirDrawing, AirDrawing has the right to cancel (permanently freeze) your account, and the drawing expert’s account with AirDrawing, and seek compensation from you for any loss caused therefrom.
7. CONFIDENTIALITY
7.1 “Confidential information” in this Agreement includes technical materials provided by you, information and data related to both parties of this Agreement on industries, commerce, products, technology, market, or business, and related methodology, tools, processes, know-how; but does not include: (1) public or well-known information at the time of provision by one party of this Agreement; (2) information acquired from a third party who has no duty of confidentiality regarding the information; (3) information that has become public due to no fault of either party of this Agreement; and (4) before provision of information by one of the parties of this Agreement, the information has already been known to the other party of this Agreement who has no duty of confidentiality regarding the information.
7.2 You agree that you shall keep secure any confidential information you have access to either from AirDrawing or a third party due to AirDrawing’s fulfilling your drawing request. Without consent from the owner, i.e., either AirDrawing or the third party, of such confidential information, you cannot reveal the information in any manner to others or let others acquire the information. You shall take necessary measures to prevent the information from being leaked. Meanwhile, AirDrawing and its personnel, and drawing experts have the duty of confidentiality regarding any confidential information provided by you.
7.3 You shall guarantee that any content uploaded, posted or disseminated by you onto the AirDrawing system does not infringe a legitimate right of a third party, and you shall be responsible for any consequence caused by such infringement.
7.4 You shall not upload, post or disseminate any material that is for internal use only, confidential, or involving other’s privacy or violating other’s patent, trademark, copyright, commercial secret or proprietary right. In case of a complaint properly received by AirDrawing for infringement of those rights from a third party, AirDrawing has the right to delete the infringing content.
8. PRIVACY
8.1 Generally, you don’t need to provide your name and other personal information to visit the AirDrawing website. However, if you request AirDrawing to provide drawing or other service, you must follow the instructions to provide information to register with AirDrawing, meanwhile, by registration, you are regarded as understanding and accepting the purpose your information will be used for, and agreeing to usage of the information for such purpose.
8.2 AirDrawing will not sell your information in any event, but only use your information as permitted by law. When required by law or government according to law, AirDrawing will provide your information as required by government according to law or for public safety purpose. AirDrawing shall not be responsible for any consequence due to such provision of your information.
8.3 In addition the disclaimer in subsection 8.2, AirDrawing shall not be responsible for any loss in any of the following situations:
(1) Your information is leaked due to the fact that you let another person know your login name and password, or you share your account with others.
(2) AirDrawing system is under maintenance (AirDrawing will announce such maintenance on its website).
(3) Your account information is leaked, lost, stolen, or changed due to temporary shutdown or other unforeseeable or unavoidable event impacting normal operation of networks caused by hacking, computer virus, and governmental control.
(4) AirDrawing service is interrupted or delayed due to hacking, technical changes by network providers, AirDrawing website upgrading, issues from banks.
(5) AirDrawing service is unavailable due to Typhoo, earthquake, tsunami, flooding, power outage, war, terror attack, or other force majeure event.
(6) Any dispute or consequence happens due leakage of your information caused by a third party website linked to AirDrawing website.
9. TERMINATION OF THIS AGREEMENT
9.1 You agree that AirDrawing has the right to unilaterally suspend or terminate all or partial of AirDrawing service to you, and to unilaterally freeze, either temporarily or permanently (cancelation), your account with AirDrawing, without being responsible to you or any third party.
9.2 In the following situations, AirDrawing has the right to terminate this Agreement by canceling your account:
(1) After having been refused service by AirDrawing, you have tried to register with AirDrawing either directly or using other’s name;
(2) The email address, cell phone number, WeChat ID, or QQ ID, etc., you provided does not exist or cannot receive communications from AirDrawing, there is no other means to reach you, or you have not corrected your email address in three (3) working days after you received notice from AirDrawing requesting you to correct your contact information.
(3) Important information you provided during registration is not true, accurate, provided timely, or complete;
(4) You have explicitly informed AirDrawing of your refusal to revision to this Agreement; or
(5) Any other situation that AirDrawing believes that termination of this Agreement is proper.
9.3 You has the right to request AirDrawing to cancel your account with AirDrawing, and after approved by AirDrawing, your account will be canceled (permanently frozen), and then you contractual relation based on this Agreement with AirDrawing will be terminated. After your account has been canceled, AirDrawing has no duty to keep your account information for you, or provide the information to you, nor does AirDrawing have duty to reveal to you or a third party any unread or unsent information in your account.
9.4 You agree that, after termination of this Agreement between you and AirDrawing, AirDrawing still has the following rights:
(1) To continue keep your registration information and records of your history using AirDrawing service.
(2) Seek compensation and restitution from you for any of acts by you which were in violation of this Agreement, rules or law.
9.5If you have a free account with AirDrawing, and have not logged into the AirDrawing website for 12 consecutive months, AirDrawing has the right to cancel your account.
10. APPLICABLE LAW, JURISDICTION AND OTHERS
10.1 Any issue on validity, interpretation, revision, performance or dispute resolution regarding this Agreement should be governed by the laws of the People’s Republic of China. In case there is no related law of the People’s Republic of China for the issue in question, international commercial or industry practices shall be followed.
10.2 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by mutual consultation between you and AirDrawing, and in case the disputed matter cannot be resolved by mutual consultation, and in case a legal action is taken regarding the disputed matter, the people’s court of the defendant’s domicile shall be the court of first instance.
10.3 Where any discrepancy arises between this Agreement in English or other language(s) (if any) and this Agreement in Chinese, this Agreement in Chinese shall prevail. This Agreement in Chinese shall be the effective version of this Agreement.