User Service Agreement for the Youku Intellectual Property Protection Platform
Published on: November 15, 2020
Version No.: V 1.0
This User Service Agreement for the Youku Intellectual Property Protection Platform (this "Agreement") is entered into by and between you and Youku Information Technology (Beijing) Co., Ltd. ("Youku" or "we").
Please read this Agreement carefully and make sure that you fully understand the terms and conditions herein before using the Youku Intellectual Property Protection Platform (the "IPP Platform"). Please feel free to contact us if you have any questions about this Agreement. By using services of the IPP Platform, you acknowledge that you have read this Agreement and agree to be bound by the terms herein. If you do not accept or disagree to the terms in this Agreement and the Privacy Policy, please stop using the IPP Platform immediately.
I. Functions and purpose of the platform
1. To protect intellectual property rights, Youku offers the IPP Platform (http://ipp.youku.com) for rights holders to file IP complaints. You may file a complaint against any suspected infringing content discovered on Youku's platforms providing content services, including youku.com (http://www.youku.com), Youku mobile app, tudou.com (http://www.tudou.com), Tudou mobile app, Tmall MagicBox, CIBN Kumiao app, and apk.
2. You may file a complaint against any act infringing copyright, trademark right, patent right, right of portrait, and right to reputation on the IPP Platform. If you find that any audiovisual content uploaded or spread by others through the aforementioned platforms is infringing on your legitimate rights and interests, you may file a complaint online and request Youku to remove the infringing content or disable the URL of the content.
II. Handling processes on the platform and URL
1. Login and identity authentication: Before using the IPP Platform, you shall make sure that you have a Youku account. You may log into the IPP Platform with the account to authenticate your identity. You may file a complaint only after your identity is authenticated.
2. Right certification and complaint filing: You shall submit relevant certificates, IP ownership documents and materials, etc. before or when filing a complaint as per the platform requirements. While filing a complaint, you shall provide the infringing URL and relevant information as per the platform requirements (for details, see).
3. Complaint handling: After reviewing your submissions and confirming that the infringement is true, Youku will take measures including blocking or disabling the infringing URL, removing the infringing content, and notifying the uploader according to law. If your complaint is not approved or the materials provided by the uploader or the content provider proves that he/she has the right to upload the content, Youku will not block the content, and will inform you of the result.
4. Authenticity guarantee: You shall be responsible for the authenticity of your complaint as well as the certificates and IP ownership documents and materials provided. If your complaint is found to be inauthentic or subjectively malicious, you shall bear all legal liabilities arising therefrom.
5. Permission to use information: By using the IPP Platform, you agree and authorize Youku to use all information submitted by you on the platform to handle your complaint, to cooperate with you in IP protection, or carry out any other activities related to your complaint.
III. Privacy Policy and information disclosure
1. Information collection: For the purpose of account registration, identity authentication, and service provision, the IPP Platform will collect and use the following information from you:
a) Complaint filer information, including (1) individual name or enterprise name; (2) country/region; (3) user type (individual or enterprise account); (4) certificate photo; (5) certificate number; (6) term of operation; (7) e-mail address; and (8) contact number;
b) Complaint filer type: Youku will verify whether the complaint filer is (1) the rights owner, or (2) an agent acting on behalf of the rights owner. If you are an agent, you shall also provide (3) the information on the rights owner and (4) the term of entrustment to the IPP Platform;
c) Information on the rights: To review and verify the authenticity of the suspected infringement, we need the following information on the rights from you:
c.1 Type of right: (1) copyright; (2) right to reputation; (3) right of portrait; or (4) other rights (such as trademark right and patent right);
c.2 Type of the work (such as movies, TV plays, documentaries, variety shows, animations, children's programs, or original short videos);
c.3 Name of the work (in the case of a copyright infringement);
c.4 Details of the right: (1) copyright jurisdiction (in the case of a copyright infringement); (2) term of copyright (in the case of a copyright infringement); (3) whether the right is exclusive; (4) proof of copyright (in the case of a copyright infringement); (5) name of the right (when the type of right is "other rights"); and (6) proof of right (when the type of right is "other rights"). If you are outside China, to ensure the authenticity and validity of your complaint, Youku has the right to require you to provide a valid notarial certificate for proof of your copyright or other rights.
d) Information on the suspected infringing content: (1) the suspected infringing URL involved in the complaint, and (2) the platform where the URL is located (such as Youku or Tudou).
2. To identify abnormal access or abnormal or malicious complaints, the IPP Platform may collect the following information generated by you when you are using rights protection services:
a) Device location information, such as IP address;
b) Log information, such as browsing history, IP address, browser type, language used, and time and date of access.
3. Sharing and use of information:
You authorize Youku to disclose the information you submit to the IPP Platform in whole or in part under the following circumstances:
a) You have clicked the User Service Agreement for the Youku Intellectual Property Protection Platform and the Privacy Policy for the Youku Intellectual Property Protection Platform online or Youku has otherwise obtained your prior consent;
b) Youku needs to disclose your user information, right information, and complaint information to the respondent when handling your complaint and relevant matters;
c) Youku needs to disclose the said information to Youku-affiliated legal entities (including but not limited to Youku Network Technology (Beijing) Co., Ltd., Beijing Youku Technology Co., Ltd., Shanghai Quan Toodou Cultural Communication Co., Ltd., Shanghai Quan Toodou Network Technology Co., Ltd., and/or their affiliates or subsidiaries) to thoroughly search for the suspected infringing content;
d) Youku needs to disclose the said information to third parties, administrative agencies, or judicial authorities according to law or at the request of administrative agencies or judicial authorities;
e) Youku needs to disclose the said information to third parties where necessary when you have violated local laws and regulations or the service agreement;
f) If the suspected infringing content is otherwise spread on other channels by Youku by means of software, or Youku commissions third-party partners to process the suspected infringing information, Youku has the right to provide such trustworthy channel partners or third-party partners with the user information, right information, and complaint information collected by the IPP Platform, so that they can take appropriate confidentiality measures and protect the information disclosed to them while processing the information or assisting Youku in removing the suspected infringing content from its partner channels, in accordance with Youku's instructions, the User Service Agreement for the Youku Intellectual Property Protection Platform, and the Privacy Policy for the Youku Intellectual Property Protection Platform;
g) Youku needs to provide and share relevant information necessary for providing services for you or handling disputes or conflicts between you and others;
h) Youku needs to safeguard its own or your legitimate rights and interests or those of its related parties;
i) Other circumstances where Youku is required to disclose the said information by applicable laws and regulations.
4. The IPP Platform will store user information, right information, and complaint information within the necessary period of time in order to provide rights protection services for you. Unless otherwise required by laws, regulations, or court orders, the IPP Platform will delete or anonymize the above information once the period expires.
5. Unless permitted by you, the IPP Platform will not transfer your user information, right information, and complaint information to any company, organization, or person.
IV. Notice and service
1. Valid contact information
When signing up with the IPP Platform and receiving services from the platform, you shall provide authentic and valid contact information (including phone number, contact address, and email address) to Youku. If there are any changes to the contact information, you shall update it in a timely manner so that Youku can stay in touch with you. Youku will send to you various notifications through one or several of your aforementioned contact methods, and the content of such notifications may have a significant beneficial or adverse impact on your rights and obligations. Be sure to constantly pay attention to it.
2. Service of notice
Youku, the IPP Platform, or the respondent shall send to you notices through the aforementioned contact information, among which written notices sent electronically, including but not limited to announcements on the IPP Platform, mobile phone text messages sent to the contact number provided by you, emails sent to the email address provided by you, system messages or on-site messages sent to your account, shall be deemed to have been served on you upon successful transmission; and written notices sent in paper form shall be deemed to have been served on you on the fifth calendar day after it is mailed to the contact address.
For any dispute arising from complaint activities, you designate the contact information that you saved on the IPP Platform to receive relevant materials.
If you live in the People's Republic of China, you agree that the judicial authorities (including but not limited to the people's courts) may serve legal instruments (including but not limited to litigation documents) on you by mobile phone text message, email, or mail.
V. User account, password and security
1. When using the IPP Platform for the first time, you need to register an account with your mobile phone number. After registration, you may log into the platform with the mobile phone number and a verification code. You may also log into the Youku platform with the mobile phone number and a verification code, and modify your account name and password on the "Account Settings" page under "Personal Settings". You must ensure that you have the legal right to use the mobile phone number that you filled in when registering an account.
2. You shall use your account with caution and shall be responsible for all actions performed under your account, including but not limited to losses caused to Youku and third parties due to your fault/negligence.
3. You shall take effective measures to ensure the security of your account and password. If you find any unauthorized use of your account to log into the IPP Platform or other circumstances that may cause your account to be stolen or lost, you are advised to immediately notify Youku, and authorize Youku to take all measures that it deems appropriate or necessary to stop such malicious acts.
VI. Use of the IPP Platform
1. Provision of materials:
（1） When filing a complaint, you must submit the complaint materials, including but not limited to the proof of rights and the specific URL of the infringing information, as per the requirements of the IPP Platform.
（2） You understand and agree that the IPP Platform will handle your complaint only if you have submitted a qualified notice. A qualified notice means you have provided a complete proof of rights as the rights holder or an agent acting on behalf of the rights holder, and clearly specified the URL of the video content involved in the complaint. If the information provided by you is inaccurate, unclear, or incomplete, you may be required to provide supplementary materials and this may result in a delay in handling your complaint.
2. Complaint review and information storage: You understand and agree that the IPP Platform has the right to review the reason for your complaint and the materials that you have submitted, as well as to save and compile your historical complaint records, and refer to the records when deciding whether further verification is needed.
3. Handling period: You understand and agree that any measures taken by the IPP Platform will be completed within a reasonable period of time, which is subject to the materials submitted by you and the respondent, the reason for your complaint, your historical complaint records, and other factors.
4. Rejection of complaints: After receiving a notice from the IPP Platform on rejecting your complaint, you may resubmit relevant materials as per the requirements of the platform.
VII. Changes and interruptions in the use of the IPP Platform
1. According to Youku's user agreement and this Agreement, if you have not logged into your Youku account for more than 12 months or have not logged into the IPP Platform with your Youku account to file a complaint for more than 12 months, Youku has the right to cancel your account, as well as to change or interrupt your use of the IPP Platform in part or in whole, and delete any information that you submitted when using the IPP Platform, without notifying you or assuming any responsibility to you or any third party.
2. You understand that Youku needs to regularly or irregularly overhaul and maintain the IPP Platform or related equipment. Youku shall not be held liable for any interruption or delay of use within a reasonable period of time caused by such overhauls and maintenance.
VIII. Changes to this Agreement and rules
Youku has the right to formulate and modify this Agreement from time to time as needed. If there are any changes to this Agreement, we will publish an announcement on youku.com and the IPP Platform to notify you. The revised user service agreement will take effect automatically upon being published. If you do not agree to the changes, you must stop using the services of the IPP Platform. By logging into or continuing to use the IPP Platform, you acknowledge that you accept the revised user service agreement.
IX. Intellectual property rights
Except otherwise stated by Youku, all rights (including but not limited to copyright, trademark right, patent right, trade secrets, and other related rights) to all products, technologies, software, programs, data, and other information (including but not limited to text, images, pictures, photos, audios, videos, graphics, color combinations, layout designs, and electronic documents) on the IPP Platform are owned by Youku or its affiliated companies. No one shall use the aforementioned items without Youku's permission (including but not limited to monitoring, reproducing, disseminating, displaying, mirroring, uploading, or downloading any content on the IPP Platform through any robot, crawler, or other programs or devices).
X. Jurisdiction
For users who live in the People's Republic of China:
1. Disputes arising from the use of the IPP Platform shall be under the jurisdiction of the people's court in the domicile of Youku Information Technology (Beijing) Co., Ltd., i.e., the operator of the IPP Platform;
2. Lawsuits against false, inauthentic, and illegal submissions or wrong complaints that have caused unreasonable losses to Youku, Tudou, and the involved video content uploader, shall be under the jurisdiction of the people's court in the domicile of Youku Information Technology (Beijing) Co., Ltd, i.e., the operator of the IPP Platform.
Where any provision of this Agreement is deemed to be annulled, invalid, or unenforceable, such provision shall be deemed to be severable and shall not affect the validity and enforceability of the remaining provisions hereof.
You may contact the IPP Platform at: yk_banquan@service.alibaba.com.
This Agreement shall take effect on the date when you first click it online or use the IPP Platform for the first time.
The Chinese version of this Agreement shall always prevail in case of any inconsistency between the Chinese version and the English version.
Youku Information Technology (Beijing) Co., Ltd.
November 27, 2020