Hao123 was acquired in 1999 by Baidu, the world's leading Chinese search engine. Hao123 has continuously strived to provide a faster and more accessible way for users to find what they are looking for on the internet.
1. Providing easy access to the most popular and trending sites.
2. Classifying different kinds of websites to satisfy users’ personal and diverse preferences.
3. Helping users to find relevant information quickly.
4. Connecting users to recent and developing trends on the internet.
5. Providing access to search engines on the home page so that users can search materials and websites conveniently.
CHAPTER ONE: GENERAL PROVISIONS
1.1 This Baidu User Agreement (this “Agreement”) applies to your use, as the “user” (defined below) of the Hao123 website and all or any of Baidu’s products or related services (collectively known as “the Website”) and your understanding that the Website, and all of its content, is provided by Baidu, Inc. (“Baidu”), the leading search engine service provider. Your use of the Website is subject to the terms and conditions of this Agreement.
1.2 Your use of this Website shall be construed and understood to constitute your (“the User”) acceptance of all of the terms and conditions of this Agreement, and you understand and agree that a legal contractual relationship has been established between you, the user, and Baidu. You alone shall bear any and all legal responsibility and/or liability that arise from any and all activities conducted and events which arise as a result of your use of the Website.
1.3 Baidu users understand and acknowledge that their use of the various services provided by Baidu shall be construed and understood as your consent to the service agreement of each individual Baidu service and all other announcements published by Baidu governing each individual service.
1.4 Baidu users acknowledge that Baidu may update this Agreement, the service agreements, and announcements pertaining to each individual service from time to time without any specific previous notice.
1.5 Please read this Agreement carefully before you commence utilizing the various services provided by Baidu. If you do not accept any terms or conditions of this Agreement and/or its amendments, you should discontinue your use of such services immediately. Once you use any of Baidu’s service(s), including the Website, it shall be construed and understood that you have fully understood, consented to and accepted all terms and conditions of this Agreement and its amendments, when applicable, and you shall become a Baidu user (also known as “user”).
CHAPTER TWO: INFORMATION REGISTRATION AND PRIVACY PROTECTION
2.1 Users may register for an account on the Website by following all applicable registration procedures (“Baidu account”). The ownership of a Baidu account (which may include but may not be limited to registering a Hao123 user ID) shall be vested in Baidu. A Baidu user has the right to use a Baidu account when the registration procedures are completed. The Baidu user shall provide his/her “Registration Data” (which includes but is not limited to the all information provided by the Baidu user during the registration process, such as the Baidu user’s name, address, contact information and other identifying information) in a timely, detailed and accurate manner. The Baidu user shall also update his/her registration information to ensure its timeliness, details and accuracy. All information entered by the Baidu user during the registration process shall be treated as Registration Data and Baidu shall not be liable for any consequences arising from the user providing any false Registration Data.
2.2 Baidu users shall not be permitted to transfer or lend their accounts or passwords to any third party. In the event that a Baidu user discovers that his/her account has been or is being illegally used by a third party, the Baidu user should notify Baidu immediately. Baidu shall not be liable for any illegal use of a Baidu user’s account or passwords caused by a third party or by the user’s own negligence.
2.3 Baidu will not disclose or provide the user’s registration information to any third party unless:
a. the user’s prior authorization has been obtained;
b. the products or service requested cannot be provided unless such personal information is disclosed;
c. as per the requirements of relevant laws and regulations;
d. as per the requirements of relevant government authorities;
e. to safeguard the legitimate rights and interests of Baidu, the user or any other third party;
f. the user expressly consents to sharing the information with a third party;
g. Baidu discovers that the user has violated or is violating the terms and conditions of the Agreement or use rules for other products; or
h. Baidu needs to submit the user’s personal information to the companies providing Baidu and the user with products or services (unless Baidu notifies you otherwise, such companies shall have no right to use your identification).
2.4 Baidu will collect the Baidu user’s personal information when the user (i) registers to be a Baidu user, (ii) uses the Website or other of Baidu’s products or services, (iii) browses a Baidu page, or (iv) participates in promotions and sweepstakes. The personal information will be utilized to maintain or improve the services and web content provided for the user. The user may inquire the personal information or request to review, make a copy of, correct or delete the personal information. The user may also request to discontinue collection, processing or use of the personal information.
CHAPTER THREE: INDEMNITY
3.1 You, the user, agree to indemnify and hold Baidu and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any alleged, threatened or actual claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of terms and conditions of this Agreement, your violation of the provisions of a related services agreement, or your violation of any rights of another individual.
3.2 Baidu, depending on the nature of a user’s activity, is entitled to take punitive measures against the user, including but not limited to: removing the content published by a user; suspending his/her account; restricting the usage of his/her account; recycling the Baidu account; or taking any necessary legal or other measures.
3.3 In response to any malicious registration of a Baidu account or activities utilizing a Baidu account to distort, harass or deceive other users, or any other third party, or in any other manner violating this Agreement, Baidu shall be entitled to suspend or delete such an account.
CHAPTER FOUR:DISCLAIMER OF WARRANTIES
YOU, THE USER, EXPRESSLY UNDERSTAND AND AGREE THAT:
4.1 YOUR USE OF THE WEBSITE AND ANY BAIDU PRODUCT OR SERVICE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BAIDU AND ITS SUBIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OFFICERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4.2 BAIDU AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, THE USER, THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN YOUR USE OF THE WEBSITE OR WILL BE CORRECTED.
4.3 ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
4.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BAIDU OR THROUGH YOU FROM THE WEBSTIE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4.5 BAIDU AND ITS AFFILIATES DO NOT REVIEW OR MONITOR ANY WEB SITES LINKED TO THE WEBSITE, AND ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY SUCH LINKED WEB SITES. YOUR USE OF SUCH WEB SITES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE USE OF ANY ADVICE, OPINION, RECOMMENDATION, STATEMENT OR OTHER INFORMATION DISPLAYED, LINK TO, OR DISTRIBUTED THROUGH THE WEBSITE IS AT YOUR OWN RISK. PRIOR TO PURCHASING ANY THIRD PARTY PRODUCTS OR SERVICES DESCRIBED ON OR LINKED FROM THE WEBSITE, YOU ARE ADVISED TO VERIFY PRICING, PRODUCT QUALITY AND OTHER INFORMATION NECESSARY TO MAKE AN INFORMED PURCHASE. NEITHER BAIDU NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL HAVE ANY LIABILITY ARISING FROM YOUR PURCHASES OF THIRD PARTY PRODUCTS OR SERVICES BASED UPON THE INFORMATION PROVIDED ON THE WEBSITE.
4.6 ALL LINKS AND LOGOS TO THIRD PARTY WEBSITES HAVE BEEN PROVIDED BY THIRD PARTIES AND HAVE NOT BEEN PROVIDED BY BAIDU OR ITS AFFILIATES. IF YOU HAVE ANY QUESTIONS OR ISSUES IN CONNECTION WITH SUCH THIRD PARTY WEBSITES, PLEASE CONTACT US AT : [email@example.com]
CHAPTER FIVE: LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BAIDU AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMGES INCLUDING, BUT NOT LIMTIED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BAIDU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSION OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE.
CHAPTER SIX: USE RULES
6.1 Baidu users shall be bound by the laws and regulations of People’s Republic of China (“P.R.C.”) when using the Website and shall not utilize the service for any illegal activities, including but not limited to:
a. Uploading, displaying, posting, spreading or sending in any other manner any information that: (1) contradicts or violates the basic principles established by the Constitution of the P.R.C. or the territory where the Website is being accessed from; (2) endangers national security, divulges state secrets or undermines national unity of the P.R.C. or the territory where the Website is being accessed; (3) damages the honor and interests of the P.R.C. or the territory where the Website is being accessed from; (4) incites ethnic hatred or ethnic discrimination, or undermines ethnic unity; (5) jeopardizes any religious policies, or advocates cults and superstition; (6) spreads rumors, disturbs social order, or undermines social stability; (7) spreads obscenity, pornography, gambling, violence, murder, terrorism, or instigates others to commit crimes; (8) insults or slanders others, or infringes upon the legal rights of others; (9) incites illegal assembly, association, procession, demonstration or gathers crowds to disturb social order; (10) is false, harmful, threatening, privacy infringing, or contains contents of harassments, infringements, defamations, vulgarity, or obscenity, or is otherwise morally objectionable, lack of aesthetic, unsuitable with fine custom; (11) contains other contents restricted or prohibited by laws, regulations, rules and any other legally binding provisions;
b. Instances where it is forbidden to use the Internet service system for illegal purposes; or
c. Instances where it is forbidden to undertake the following activities: (1) access the computer information network or use of resources of the computer information network without authorization; (2) delete, modify or add any function of the computer information network without authorization; (3) delete, modify or add any data or application stored, processed or transmitted in the computer information network without authorization; (4) intentionally create or disseminate computer virus or other destructive programs; (5) or other activities that damage the computer information network.
6.2 Baidu Users shall not duplicate, copy, sell, resell or use for any other commercial purpose any part of the Website or the use of the Website.
CHAPTER SEVEN: SERVICE CONTENT
7.1 Unless otherwise expressly provided in this Agreement, any new product(s), new function(s) and/or new service(s) provided in connection with, or affiliated with, the Website by Baidu shall be subject to this Agreement.
7.2 Baidu may conduct maintenance on the Website and other related equipment either regularly or irregularly. Baidu shall assume no responsibility for any interruption of the network services (including, but not limited to subscription network service) within a reasonable period caused by such maintenance. Baidu reserves the right to suspend any part of, or the entire Website, for maintenance, upgrading and other purposes without prior notice.
7.3 Baidu reserves the right to terminate user accounts which have not been logged in to (i.e., accessed) for three (3) months or more.
7.4 Baidu is entitled to modify or terminate the services provided under the Website (or any other parts thereof) at any time temporarily or permanently without prior notice. Baidu is not liable to any user or any third party with respect to any modification or termination of service with or without notice.
7.5 Termination of Service
Baidu users agree that Baidu is entitled to terminate his/her account or the use of any service (or any part of service), or remove and delete any content in connection with this service based on Baidu’s own discretion for any reason, including but not limited to disuse for a long period of time or if Baidu considers a Baidu user to have violated or be in the process of violating the terms and conditions of this Agreement. A Baidu user agrees the service provided in accordance with this Agreement can be suspended or terminated without any prior notice. The user acknowledges and agrees that Baidu can shut down, terminate or delete his/her account and all the information and documents included within the account immediately, and/or forbid the user from continuing to use or access the aforesaid documents and service. In addition, Baidu users agree that in the event the use of the service is suspended, terminated or the account and relevant information and documents are shut down or deleted, neither Baidu nor its affiliates shall be responsible for any liability to a Baidu user or any other third party.
CHAPTER EIGHT: INTELLECTUAL PROPERTY AND OTHER LEGITIMATE RIGHTS AND INTERESTS (INCLUDING BUT NOT LIMITED TO THE RIGHT TO REPUTATION AND BUSINESS REPUTATION)
8.1 Exclusive Rights to Users and Infringement Notice
If (i) a rights holder finds that a third party has infringed his/her legitimate rights and interests through the internet or the Website and (ii) such right is infringed by content posted on a third parties’ website connected with links provided on the Website, such individual or entity may file a notice of infringement (“Infringement Notice”) with Baidu. To file an Infringement Notice with us, you must provide a written communication based upon the instructions below.
Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any misrepresentation in the Infringement Notice. If you are not sure whether material available online infringes any of your legitimate right, we suggest that you first contact an experienced professional.
To expedite our ability to process your request, please use the following format (including section numbers):
a. Provide materials evidencing that you have the right to exercise the trademark, copyright or another legitimate right which you allege has been infringed.
b. Identify in sufficient and clear detail the content pertaining to the protected legitimate right you believe has been infringed and the websites that contain the infringing content (if possible).
c. Identify the material that you claim is infringing the legitimate right listed in Item 2 above.
d. Provide detailed contact information of the Rights Holder, including name, a copy of the identity card or the passport (if an individual), a copy of the entity registration certificate (if an entity), address, telephone number, fax and email address.
e. Provide location of infringing content on the Internet (for example, the source of allegedly infringing content, such as the specific website or location within a webpage) to enable us to notify the owner/administrator of the web page that allegedly contains infringing content.
f. Include the following statements in the Infringement Notice: “(i) I am the rights holder or am authorized to exercise the right; (ii) My legitimate rights are infringed by content on the allegedly infringing web pages”; and (iii) Include the following statement in the Infringement Notice: “I represent that the information in this Infringement Notice is sufficient, true and accurate and that I am the right holder or am authorized to exercise the legitimate right specified in Item 2 of this Infringement Notice, and that I confirm that if the statements in the Infringement Notice are not true, I will be legally liable for such misrepresentation.”
g. Sign the Infringement Notice document. If you are an entity or an organization established in accordance with laws, please seal your official stamp on your letter. Then send the aforementioned materials and your contact information in writing to the following address:
Product Affairs Group
No. 10, Shangdi 10th Street
Beijing, PRC 100085
8.2 The following rules apply with respect to any and all intellectual property affiliated with the Website:
a. All information and images are being provided such that users can access information;
b. All information and images may not be used for commercial purposes;
c. All information, images or any part thereof must include this copyright notice;
d. All of Baidu’s products, technology, and all programs provided on the Website are Baidu intellectual property and are not authorized to anybody hereby.
e. “Baidu”,“百度”and related graphics are registered trademarks of Baidu,
f. Without Baidu’s prior consent, license or authorization, no third party shall engage in the following conduct, including but not limited to: illegally copying, disseminating, displaying, mirroring, uploading, or downloading the aforementioned information, products, technology and programs that are the exclusive property of Baidu. Baidu shall work with the appropriate authorities to investigate any user’s or third party’s use of Baidu’s information, products, technology or programs undertaken in violation of any related laws or regulations.
8.3 Baidu users agree that all of Baidu’s trademarks, trade names, services marks and other Baidu logos and brand features, and product and service names, including Hao123, are the property of Baidu (the “Baidu Marks”). Without Baidu’s prior permission, you may not display or use the Baidu Marks in any manner.
CHAPTER NINE: MISCELLANEOUS PROVISIONS
9.1 The Laws of the P.R.C. shall prevail when dealing with the conclusion, implementation and interpretation of this Agreement, and any dispute or settlement arising thereof.
9.2 Any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you, the user, and Baidu shall be brought exclusively in the people’s courts located in Baidu’s domicile. You, the user, and Baidu agree to submit to the personal jurisdiction of the courts located which govern Baidu’s domicile, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such court sand to venue in such courts.
9.3 The failure of Baidu to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give affect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.
9.4 Please send notice to Baidu if you know of any violation of the Agreement and/or any other individual service's Terms of Service. You may contact Baidu at the following address:
Product Affairs Group
No. 10, Shangdi 10th Street
Beijing, PRC 100085 Baidu Statement of Privacy Protection
Baidu attaches great importance to protecting your privacy. Before using the services provided by Baidu, please carefully read the following statements.
Baidu will only collect and use your personal information in order to provide you with more accurate and well-targeted services. Baidu will treat such information with a high level of diligence. You agree and understand that Baidu may use the personal information submitted by you in the following manners. Without your permission, Baidu will not disclose such information or provide such information to any third party.
• Collecting Your Personal Information
Baidu will collect your personal information when you voluntarily select our services or provide such information. Baidu will integrate your personal information so as to provide better services. Baidu will not be responsible to you or any party if any personal information provided by you is inaccurate, untruthful, or outdated. Never transfer or lend your account or passwords to others. In case you find that your account has been illegally used by others, please notify Baidu immediately. Baidu shall not be liable for any illegal use of your account or passwords caused by hacking or user’s negligence in care. Baidu will not retain your personal data for longer than is necessary for the creation and maintenance of user accounts and to provide products and services requested by the user.
• Using Cookies and Other Technologies
You can prevent the application of cookies by changing your browser settings, but as a result, you may be unable to access certain Baidu services and functions which rely on the transmission of cookies.
• Keeping Records of Your Use
When you use Baidu’s services, the server will automatically record certain information, including URL, IP address, type of browser, language used, and the date and time of visit, etc., with the sole purpose being to provide you with better services. We will seek your consent before using your personal information for a purpose other than those included in this Statement of Privacy.
In the following circumstances, Baidu will disclose your personal information as you wish or in accordance with the law. You will be responsible for any consequences arising thereof:
1. Your prior authorization is obtained;
2. The products and the services you request can only be provided after disclosure of your personal data;
3. As per the requirements of the relevant laws and regulations;
4. As per the requirements of the competent government authority;
5. to safeguard the legitimate rights and interests of Baidu;
6. You agree to share the data with third parties;
7. We discover that you have violated or are violating Baidu’s terms and conditions or rules of use of any other products or services; or
8. We need to provide the companies providing products or service on our behalf with your personal data (unless we notify you, such companies shall have no right to use or process your personal data). Baidu will take all appropriate measures to prevent the illegal or unlawful disclosure, modification or destruction of user’s information.
Transfer of Personal Data
Please be informed that your personal data may be transferred to locations outside of the territory where you are accessing Baidu’s services or disclosed to our related corporations, licensees, business partners and/or service providers for the purposes described above.
Your account information and registration data is password-protected. We encrypt our services and data transmission using SSL. We strive at all times to ensure that your personal data will be protected against unauthorized or accidental access, processing, correction or deletion. We implement appropriate security measures to safeguard and secure your personal data.
Questions and Suggestions:
If you have any questions or suggestions, please contact us at [firstname.lastname@example.org].
Please note that the information provided on this website, including the links, logos, pictures, images and icons, apart from the Hao123 logo and icon, are the property of third parties and are in no way, shape or form affiliated with Baidu or Hao123.
Baidu is committed to protecting your privacy and safety rights while using the Application. Baidu does not collect any personal information from you other than as described in this policy and enforces strict privacy policies. Baidu maintains the following privacy practices:
1. No Spyware Policy – the Application does NOT collect or transmit Personally Identifiable Information and does not monitor your personal use of the Application. Personally Identifiable Information means information that would identify you personally. The Application sends unidentifiable and non-personal statistical data to enable quality assurance and improve support processes. Such non-personal data includes unidentifiable and general usage of the Application (for example; statistical usage data can be sent if you open or close the Application but not personal information you may share via the Application) but does not include Personally Identifiable Information, other than as specifically described herein. Baidu strives to provide you information and services that you will find useful and interesting.
2. Unique Identifier – The Application will produce a unique identifier at the installation stage to help with communication between your local computer and Baidu’s servers, and also to examine and analyze information pertaining to the Application, such as bug fixes, patches, enhancements and/or version updates.
3. Third Party Features and Content – the Application may contain features provided by third parties. In the event that such features or content may require the collection of your personally identifiable information (for example: your login credentials to a third party website, information about content you use on the web, etc.) the third parties providing the content must present to you a clear disclosure of the information that will be collected and you should have the opportunity to decide whether or not to share such information or alternatively not use or remove the content. Baidu encourages you to read the terms of service and privacy policies offered by the third parties prior to using any of their content or features.
4. No Adware Policy - You will not be required to view obtrusive ads in order to use the application.
5. Unobtrusive – the Application does not enable other software applications to access data stored on your computer's hard drive or in your personal online accounts. Changing your web search preferences, modifying web pages that you visit or accepting third party offers is not required in order to use the Application. You may voluntarily opt to change your search preferences (if applicable), add components or accept notifications, offers or other features.
6. Easy uninstall – you can easily uninstall the Application at any time by using standard uninstall processes as may be available as part of your operating system, your internet browser or similar software uninstall options (for example: add/remove programs in Windows, Add-on removal in Firefox, etc.).
7. Easy deactivation – you can easily deactivate your Application at any time by using the standard deactivation features available in your internet browser (for example: by clicking the "View" menu in your browser selecting the name of the Application and then clicking on it).
8. Full control – you have full control over the Application and can modify your preferences at any time.
9. Report – The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have a reason to believe that your rights have been infringed upon while using the Application, please contact Baidu via email at support@Baidu.com. Once your e-mail is received, Baidu will review it to ensure that the privacy practices provided herein are enforced.
Revised: July 16, 2012
This End User License Agreement (“Agreement”) applies to the Hao123 desktop shortcut software (“Software”), with you, the user, understanding that the Software is provided by Baidu, the leading search engine service provider, and your use of the Software is subject to the terms and conditions of this Agreement. Upon the Installation of the Software, the following features will be added to your Internet browser (depending on how you customize the Software):
Hao123 Home Page: If you consent to making Hao123 navigational page your home page, hao123.com will become your default home page that will appear each time you open your Internet browser.
You can easily uninstall the Software by clicking on the "Start" button; then clicking on the "Settings" button, then clicking on the "Control Panel" button, then clicking on the "Add or Remove Programs" button, then selecting "Hao123", then clicking on the "Change/Remove" button. Make sure all your browser windows are closed before starting the un-installation process.
THIS PRODUCT AND ALL THE FEATURES LISTED ABOVE ARE FREE. NO REGISTRATION OR PERSONAL INFORMATION IS REQUIRED. THIS PRODUCT IS NOT SPYWARE OR ADWARE.
This Agreement is a legal contract between you and Baidu. You must agree to this contract and abide by its terms in order to download and use the Software. You must be 18 years of age in order to agree to this contract and download this product. If you are not yet 18, please ask your parent or Legal guardian to install the Software for you. This Agreement applies to the Software and all features and functionalities developed by Baidu. If you are installing a version of the Software that includes third party features and functionalities or accesses third party content, such third party features, functionalities and content are subject to such third party's terms of service.
In this Agreement, "Web Sites" shall refer to the web pages in the www.baidu.com and hao123.com domains and "Services" shall refer to the navigational search and other services offered through the Software.
1. License Grant
2. License Conditions
You may not rent, sell, lease, sublicense, distribute, assign, copy, or in any way transfer the Software or this Agreement or use the Software for the benefit of any third party in any manner. You may not modify, decompile, disassemble, or otherwise reverse-engineer the source code of the Software, or attempt to do so for any reason. Further, you may not access, create or modify the source code of the Software in any way. You do not have the right to and may not create derivative works of the Software. All modifications or enhancements to the Software remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or to use the Software at any time, and we may at any time suspend or terminate any license hereunder and disable the Software or any of its component features.
We reserve the right to add features or functions to the Software. When installed on your computer, the Software periodically communicates with our servers to request automatic updates when we release a new version of the Software, or when we make new features available.
You acknowledge and agree that the Software is licensed, not sold to you. You acknowledge that the Software, including all code, protocols, software and documentation provided to you by us in conjunction with the Software or our services are our property or the property of our licensors, and are protected by applicable P.R. C. and international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on the Software. All rights not expressly granted hereunder are expressly reserved to us and our licensors.
All Intellectual Property pertaining to the Software belongs solely to Baidu.com. “Intellectual property” includes patent law, copyright law, trademark law, law which prevents anti-competitive behaviors, and any other and all powers, as well as any and all other rights of ownership, as well as the rights therein such as application, revision, expansion, and recovery.
You agree not to revise, edit, or translate the Software, or create derivative products, and must not through reverse engineering, decompilation, disassembly or other similar methods obtain the Software’s original source code; any breach of this Agreement by you will result in your bearing all legal responsibility for your actions.
You agree to not revise, copy, or disseminate the Software’s relevant materials with the intention to harm others. If you copy, revise, or disseminate any or all part of the Software, and such results in harm to any third parties or to Baidu.com, then you will bear all and any related legal responsibility.
You represent and warrant that you are either the owner or an authorized user of the computer where the Software is installed. You may use the Software, Web Sites or Services only for lawful purposes. The Services are subject to, and you agree that you shall at all times comply with, all local, municipal, provincial, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of our Software, Web Sites and Services. You agree not to use the Software, Web Sites or Services to conduct any business or activity or solicit the performance of any activity, which is prohibited by law or by any contractual provision by which you are bound.
Software Install. When you install the Software, we assign a unique identification code to your copy of the Software, and such code is written to your computer's registry.
Install Failures. Sometimes, for reasons beyond our control, after you have agreed to install the Software, the Software install process fails. In such an unlikely event, we may pull certain data via an error log file (this data may include, without limitation, your machine name, computer user name, IP address, operating system information, machine/user permissions, browser type and version, Software partner ID and various other non-personally identifiable diagnostic information). This data will be used solely for the purpose of troubleshooting installation issues with the intent of improving the product and the user experience.
The Software does not: (a) collect or report back to us (or anyone else) any information about sites you visit on the web; (b) collect or "screen-scrape" any search queries or information that you provide to any other web sites; (c) serve pop-ups when you are on other websites; or (d) collect or report back to us (or anyone else) any data unrelated to the Services.
If the Web Site or the Software is ever involved in a corporate restructuring or a sale, merger or other transfer of assets, we may transfer all information provided by or collected from you in order to ensure continuity of service.
5. Access and Interference; Passwords
You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of the Software, Web Sites, Services, including saving or caching pages, except to remove our Software from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our Software. We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or operation.
You agree not to engage in any of the following activities, directly or indirectly (through the use of third parties)
i. through automatic means or deceptive means, directly or indirectly engage in click fraud with respect to any search results, impressions or multiple clicks, including but not limited to repeated clicks, using robots or other automatic search tools and/or computer-generated requests and/or deceptive uses of other search engine optimization services and/or software
ii. using any methods to edit, revise or filter any information or sequences included within search results provided by Baidu, or delete, hide, or minimize any search results
iii. towards any page including Baidu’s search results (abbreviated as “search results page”) engage in the framing of links
iv. transfer any search results page elsewhere, or on any page or search results page including the search box distribute any content, or using any other means provide content other than that directly linked from pages including the search box to search results pages
6. Disclaimer of Warranty
YOU ACCESS AND USE THE SOFTWARE AT YOUR SOLE RISK. WE PROVIDE THE SOFTWARE ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SOFTWARE, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF THE SOFTWARE.
WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SOFTWARE, (B) THAT THE SOFTWARE WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE SOFTWARE WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE SOFTWARE, OR THE INFORMATION AVAILABLE THROUGH SOFTWARE, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software in your possession or control.
If you do not comply with this Agreement, at any time, we reserve the right to terminate your access to the Web Sites and Services through the Software. We may discontinue or alter any aspect of the Services, including, but not limited to, (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Services, at our sole discretion and without prior notice or liability. We may also, in our sole discretion, terminate your use of the Services, and disable your use of the Software, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these license terms. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Services.
8. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL BAIDU.COM OR HAO123.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF BAIDU.COM AND HAO123.COM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO: (i) YOUR USE OR THE INABILITY TO USE THE SOFTWARE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9. Applicable Law
The substantive laws of the People’s Republic of China, without regard to conflict of laws principles, shall govern all matters relating to or arising from this Agreement, and the use (or inability to use) the Software. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts, with respect to all matters arising out of or relating to this Agreement.
You agree to indemnify and hold Baidu.com harmless with respect to any damages, losses or expenses that arise as a result of your use of the Software. Baidu.com does not assume any responsibility or liability in connection with your use of the Software, Web sites and/or Services.
Baidu.com shall not be liable to you for any indirect, punitive, consequential, unique, or special loss or damage, regardless of the form of action, whether in contract, strict liability or tort, that arises in connection with your use of the Software, Web Sites and/or Services.
Baidu.com reserves the final and absolute right of interpretation of this Agreement.
11. Customer Concerns.
If you encounter any problem with the Software, or would like to send us your feedback, our Customer Service may be reached at http://feedback.hao123.com
Revised: July 16, 2012