Terms of Service
Last Updated on: 12/28/2020
[ Beijing Netease Youdao Computer System Co., Ltd] (hereinafter “Youdao”, “we” or “us”), who possesses the ownership and operational rights of Dear Translate (hereinafter “Service”), agrees to provide the Internet-based services according to this Terms of Service and the operation regulations published from time to time. User (hereinafter “User” or “you”) shall carefully read the content of these Terms (particularly in bold). You will only use the Service hereunder unless you have accepted these Terms. Upon the use of our Services you will be considered to have accepted all these Terms. We will update these Terms from time to time, if any material changes with respect to your use of the Services are made, we will inform you of these changes in accordance with these Terms. If you have accepted the latest version of these Terms or continue to use the Service, the latest version of these Terms will be binding upon both you and us.
We will provide our Services for the User using its operating system via the Internet. User shall:
(1) Carefully read and be familiarized with this Terms of Service and the Privacy Policy, and comply with these Terms and its related operation regulations;
(2) Be responsible for your own device for using such services, and for connecting to a network;
(3) Be responsible for connecting the Internet and any fees for such connection;
(4) Comply with the related laws and regulations of all applicable laws.
The User is assumed to agree to the automatic updates of our Service by default unless opted to refuse.
To monitor the service quality, we will send the quality-related data (including but not limited to lookup delay and the address of the server from which Youdao provides services) generated during the software operation to the server of Youdao in due time. Meanwhile, a unique number will be generated, and once you install or update our Service, the number will be sent to the server of Youdao together with a message stating the status of the installation or updates. This is to improve the service quality, and we warrant that it will not use such information for illegal or immoral purposes.
To use our Service, you may log in using your mobile phone number, email address or by authorizing a third-party account.
To sign up for a User Account, you shall abide by local laws and regulations, and shall not use any illegal or improper information in the registration of a User Account. User shall warrant that, when signing up for a User Account and using the User Account locally, it will not:
(1) Violate any local laws and regulations;
(2) Spread rumors, disturb social order, and undermine social stability;
(3) Spread obscenity or eroticism, gamble, resort to violence, commit a murder, threaten others or abet the offense;
(4) Insult or slander others, or infringe others’ legal rights and interests;
(5) Publish other content forbidden by local laws and administrative regulations.
According to local laws and regulations, the User agrees that:
(1) Users will not use the Services for themselves or others for the purpose of profit-making or by any improper means or breaching the principle of good faith;
(2) Users will take the full responsibility for all the behaviors and events under their User Accounts, including but not limited to any content published by the User and any consequence arising therefrom. User shall make their judgment for the content of the Service, and bear all risks arising from the use of such content, including the risks caused by the reliance upon the correctness, completeness or practicality of the content. And the Users will not give, sell or lend their User Account to others;
(3) Users will properly and correctly take care of, use and maintain their User Account and the password, and take necessary and effective confidentiality measures for their User Account and password. If the User fails to do so, we will not bear any liability for any loss or damage of User, we or any other third party caused thereof;
(4) We reserves the right to reject the sign-up, and to terminate the use of its services by User, if the sign-up information as provided is incorrect or unauthentic, or contains illegal or improper information.
Our Service is only available to Users for non-commercial purposes. You shall not sell, transfer, grant a license to use or otherwise provide data in relation to our Service, service or software or its derivatives to any third party, without the written consent from us. In the process of using our Service, you shall not damage, disable, affect, impose a heavy load on, or influence the use by any other party of our service. You may provide feedback or improvement suggestions, if any, to us.
(1) The User acknowledges that Youdao reserves all rights of our Service, including but not limited to all Intellectual Property Rights. “Intellectual Property Rights” means all the rights specified under the Patent Law, Copyright Law, Trademark Law and the Law Against Unfair Competition, and all applications, updates, expansions and recoveries thereof, whether implemented and in force now or in the future worldwide. The User agrees that they will not revise, adapt or translate our Service, nor create the derivatives of our Service, nor obtain the source code or related data by decompiling, reverse engineering, disassembling or any other means. The User agrees that they will not delete, cover up or revise the statements of our Service and any third party for copyright, trademark or other intellectual property rights. Logo, page layout, layout form, texts, pictures and graphics in the online services provided by us are subject to the protection of copyright, trademark and other laws, and shall not be, directly or indirectly, published, used, revised or re-issued for publishing or use, or used for any other commercial purpose via any platform, without the consent of related right holders.
(2) We respect and encourages the creations by User. User shall own the copyright of all the content generated by yourself including but not limited to questions, examples, answers, articles, and comments they publish in the Service. User may authorize a third party to use such content in any form, without obtaining the consent from us.
(3) To promote the sharing and the spread of knowledge, User shall grant to us a free, global, perpetual, irrevocable, sublicensable and non-exclusive license to use all the content they’ve published in our Service. We reserve the right to use such content in all products and services of us and our affiliates, including but not limited to websites and applications launched or other Internet products.
(4) If a third party reposts the content published by the User in this application in other platforms, it shall ensure that such the third party identify the name (or the username in this application) of the original author in a noticeable position, the original link and statements as published in this application.
(4) If any third party infringes the rights of User, User agrees to authorize us or our designated agent to warn, complain, file an administrative proceeding, lawsuit or appeal against or negotiate a settlement with the third party on behalf of User or us, and to join the above proceedings to safeguard legal rights if we deem necessary.
(5) We reserve the right to review the content published by the User, but make no expressed or implied warranty for any of such content, which will not represent the opinions or suggestions of us. We shall be entitled to handle the infringement information in accordance with related evidence, local laws and regulations, and these Terms.
Respecting User’s privacy is a basic policy of us. We will collect, store, use, disclose and protect your personal information in accordance with the Privacy Policy. Users shall fully read the Privacy Policy to facilitate the protection of their personal information.
You fully understand, agree and accept, due to the particularity of Internet services, that we might suspend or terminate the provision of the Services for you according to related regulations or as required for its business adjustment. In such case, we will protect your legal rights and interests according to applicable laws, provided that you perform the obligations as agreed under these Terms.
We will bear no liability for any loss arising from force majeure. “Force Majeure” referred to herein include natural disasters, changes in laws and regulations or government orders, those caused by the features of Internet services, such as operation failures of domestic and oversea as basic telecom operators, technical defects of computer or internet, limited coverage of Internet, computer virus and hacker attacks, and other unforeseeable, unavoidable and unsurmountable objective circumstances.
All notices will be sent to you via email, in-app notice or an announcement in a noticeable position of the website. We will inform you of any revision to these Terms, service changes or other important matters by any of the methods above. In addition,
we reserve the rights of commercial advertising, including but not limited to advertising on the login page and any page after login. However, you are able to stop send third parties’ target ads served by most advertising networks on your device and our settings interface.
If the User’s act breaches local laws and regulations, these Terms or the rules of our Service, we shall be entitled to take measures including but not limited to, suspending or terminating the Service in part or in whole, restricting, suspending or terminating their log-in and use and holding them legally accountable. If the User commits any breach of these Terms and causes any damages to a third party, they shall be solely liable for the damages to any third party, and indemnify us for any loss caused thereby. User agrees to protect and maintain our interests, and bear the attorney fee, compensation for damages, penalties imposed by government authorities and other compensations for infringement arising from their breach of the Service Terms and/or other terms.
The terms above will be governed by and interpreted in accordance with the laws of the People’s Republic of China. Any dispute shall be settled by the parties through negotiation; if it fails, the Parties agree to submit the dispute to China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration in accordance with the arbitration rules of CIETAC in force and applicable laws. The venue of arbitration shall be in Bejing, China. The Tribunal shall consist of three (3) arbitrator(s). The language of the arbitration shall be Chinese.
The terms and conditions are the complete agreement in relation to the subject matter hereof and shall prevail over and replace all previous and contemporaneous written or oral provisions or agreements in relation to the subject matter. Any exclusion from the terms shall be in writing, and upon the written signature of Youdao or the third party who provides software via the Service.
Any doubt about these Terms may be sent to us at [feedback@corp.youdao.com].