Welcome to Kivicube! We appreciate your interest in becoming a registered user of this website and applying for the services provided by Chengdu Kivisense Technology Co., Ltd. (hereinafter referred to as "Kivicube").
Before you register as a user of this website, please read carefully and fully understand the terms and conditions of this agreement, especially those that exempt Kivicube from liability or limit user rights, as well as any separate agreements for specific services.
By registering on this website, using kivicube.com, or utilizing any related services, you agree to all terms of this agreement and all business rules posted on this website.
If you do not agree to the terms of this agreement, please immediately stop registering or using the services. If you violate any terms of this agreement, Kivicube reserves the right to restrict or terminate your access to the services and pursue any necessary legal actions.
Kivicube reserves the right to modify or supplement the terms of this agreement or business rules at any time without prior notice to users. The modified or supplemented terms will be posted on the website and will take effect immediately upon posting. Any new features, tools, or resources released in the future that enhance the services will automatically be governed by this agreement. Continued access to the website or use of new services indicates your acceptance of the revised terms. Otherwise, you should terminate this agreement by ceasing to access and use the services and deleting your account on the website. If you are registering, logging in, and using the website and/or services on behalf of an organization rather than yourself, you are deemed to have full authorization to agree to the terms of this agreement on behalf of that organization.
I. Definitions
1. Kivicube: Refers to the platform owned, controlled, and operated by Chengdu Kivisense Technology Co., Ltd., allowing users to upload materials and create and display WebXR scenes. Materials include but are not limited to images, audio, video, and 3D models.
2. Services: Refers to all free and paid services provided to users on Kivicube.
3. User: Refers to any natural person, legal entity, or other organization using Kivicube services, including but not limited to material uploaders and WebXR scene creators, referred to in this agreement as "you".
4. Works: Refers to the WebXR scenes and templates created by users on the Kivicube platform.
5. User Data: Refers to data generated by users in Kivicube, including but not limited to submitted data, user operation behavior data, and various transaction data. The ownership and related rights of "User Data" belong to Kivicube, except for rights that legally belong to the user.
Kivicube and users both agree and understand:
1. Kivicube is a neutral platform service provider that offers neutral network services or technical support services for users to autonomously publish, share, and authorize their works on the platform.
2. Users independently create works and bear full responsibility for them. Kivicube does not modify or edit works.
3. Users are solely responsible for any disputes, liabilities, or consequences arising from the creation and use of works or violations of relevant laws or this agreement.
II. Account Terms
1. You must have full civil capacity and legal capacity to use the services.
2. To access the website and use the services, you must accurately fill out the registration form with a real username, email address, phone number, and any other required information. You must promptly update any changes to ensure the information remains valid and lawful.
3. If you provide any incorrect, false, outdated, or incomplete information, or if Kivicube suspects such, Kivicube reserves the right to restrict, ban your account, or suspend or terminate some or all services. Kivicube will not be liable for any resulting losses.
4. Your account is for your personal use only, and sharing your account is prohibited.
5. You are responsible for maintaining the security of your account and password. Kivicube is not liable for any loss or damage resulting from your failure to comply with this security obligation.
6. You may only use the services for your own purposes and not for any illegal or unauthorized purposes, including but not limited to providing services or any part of them to any third party, whether for profit or not, or engaging in any activity that violates third-party intellectual property rights or other legal rights.
7. You must comply with all applicable laws, regulations, and this agreement while using the services and are solely responsible for any legal consequences arising from your actions.
III. Protection of User Personal Information
1. Protecting user personal information is a fundamental principle of Kivicube, which will take reasonable measures to protect personal information. Except as required by law, Kivicube will not disclose or reveal user personal information without user permission. Kivicube will use professional encryption storage and transmission methods to safeguard user personal information.
2. You may need to provide some necessary information when registering or using the services. If national laws or policies have special provisions, you may need to provide real identity information. Failure to provide complete information may prevent you from using the services or limit your usage.
3. Kivicube will use various security technologies and procedures to establish a comprehensive management system to protect your personal information from unauthorized access, use, or disclosure.
4. Kivicube will not disclose your personal information to any company, organization, or individual outside Kivicube without your consent, except in the following cases:As provided by this agreement or other relevant agreements, rules, etc.
a. As required by laws and regulations.
b. As requested by administrative, judicial, or other governmental authorities.
c. With your consent.
d. To address complaints or legal actions.
e. To prevent serious illegal activities or suspected crimes.
5. Despite Kivicube's efforts to protect your information, security measures are not infallible, and Kivicube is not liable for any information leakage, theft, etc., caused by force majeure or non-Kivicube factors.
IV. User Content
1. User content refers to any content uploaded, shared, or created by users using Kivicube services, including but not limited to materials, WebXR scenes, and templates. The ownership of user content belongs to the user or the relevant rights holder. Unless otherwise agreed, Kivicube does not claim ownership of user content at any time.
2. You are fully responsible for the legal liability of your user content on Kivicube. You may not use Kivicube to create, share, copy, publish, or transmit content that interferes with Kivicube's operations or violates laws, infringes on other users' or third parties' legal rights, including but not limited to:Content that violates national laws and regulations.
a. Content that infringes on others' reputation, portrait rights, intellectual property, trade secrets, etc.
b. Content involving others' privacy, personal information, or data.
c. Harassing, advertising, excessive marketing, spam, or sexually explicit content.
d. Other content that violates laws, policies, public order, good customs, or Kivicube's normal operations.
3. You grant Kivicube a global, free, irrevocable, transferable, sublicensable, perpetual license to use your uploaded user content solely to enhance, promote, develop, and publicize Kivicube's services.
4. You grant other Kivicube users the right to use your shared works and materials based on your chosen Creative Commons license. Carefully choose the type of Creative Commons license and be responsible for your choice.
5. You are responsible for backing up and saving your user content. Kivicube has no obligation to back up user content.
6. If Kivicube discovers or is informed by relevant authorities or rights holders that your user content may infringe on others' legal rights, Kivicube reserves the right to:Request immediate replacement or modification of the infringing content.
a. Delete the infringing content.
b. Pursue legal action.
c. Announce your actions and provide your information to authorities or rights holders.
d. Take other appropriate measures.
V. Intellectual Property and Legality Protection
1. Kivicube respects others' intellectual property rights and provides notice and counter-notice and reporting channels as required by laws and regulations.
2. If a rights holder believes that user content on Kivicube infringes their legal rights, they should notify Kivicube according to the "Kivicube Infringement Complaint Guide". Kivicube, as a neutral platform service provider, will forward the complaint to the user who uploaded the allegedly infringing content. Users can submit a counter-notice if they believe their content does not infringe others' rights.
3. If users believe that content uploaded to Kivicube contains plagiarism, pornography, violence, or other illegal content, they can report it to Kivicube, which will verify the report and, if confirmed, delete the content and notify the uploader.
4. Kivicube reserves the right to independently judge and take appropriate measures, regardless of notifications, complaints, or legal requirements.
VI. Kivicube Rights
1. Chengdu Kivisense Technology Co., Ltd. holds the intellectual property rights of Kivicube. All copyrights, trademarks, patents, trade secrets, and other intellectual property rights related to Kivicube, as well as all information content (except user content) are protected by Chinese laws and international treaties. Kivicube owns these rights except as provided by law.
2. Kivicube grants you a non-transferable, non-exclusive license to use the services. You may not engage in activities such as:Reverse engineering, disassembling, or decompiling the website or services.
a. Utilizing or transferring Kivicube intellectual property for commercial or non-commercial purposes.
b. Interfering with the website and/or services, servers, or networks, or engaging in any behavior that hinders Kivicube operations.
3. The website and services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Kivicube does not guarantee that the website or services will be uninterrupted, secure, or error-free, and will not be liable for any interruptions or errors.
VII. Limitation of Liability
1. Kivicube is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, arising from the use or inability to use the website or services, regardless of the legal theory.
2. Kivicube's total liability to you for any claims arising from this agreement or your use of the website or services will not exceed the amount paid by you, if any, to Kivicube for the services in the six months preceding the claim.
3. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you.
VIII. Termination
1. You may terminate this agreement at any time by ceasing to use the website and services and deleting your account.
2. Kivicube reserves the right to terminate this agreement or suspend or terminate your access to the website and services at any time, for any reason, including but not limited to:Violation of this agreement or any policies or guidelines posted on the website.
a. Requests by law enforcement or other government agencies.
b. Unexpected technical or security issues.
c. Extended periods of inactivity.
3. Upon termination, all licenses and rights granted to you under this agreement will immediately cease, and you must stop using the website and services. Kivicube will not be liable to you or any third party for any termination of your account or access to the website or services.
IX. Miscellaneous
1. This agreement constitutes the entire agreement between you and Kivicube regarding your use of the website and services and supersedes any prior or contemporaneous agreements.
2. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
3. The failure of Kivicube to enforce any right or provision of this agreement will not be deemed a waiver of such right or provision.
4. This agreement will be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law principles. Any disputes arising from this agreement will be subject to the exclusive jurisdiction of the courts in Chengdu, China.
By using Kivicube's website and services, you agree to comply with and be bound by this agreement. If you have any questions or concerns about this agreement, please contact Kivicube at [insert contact information].
Thank you for using Kivicube!
Chengdu Kivisense Technology Co., Ltd.
July 16, 2024