江苏泰丰文化传播有限公司

"TYFON Art Mall Service Agreement"

Release time: 2022.12.26

"TYFON Culture User Service Agreement" (hereinafter referred to as "this Agreement") is your (or "user"), which refers to registration, login, use , individuals or organizations browsing TYFON Art Mall) and Suzhou Yunqu Technology Co., Ltd. (the platform operator), Jiangsu TYFON Culture Communication Co., Ltd. and its affiliated companies, hereinafter referred to as "TYFON Culture", and their cooperative units (including (but not limited to third-party merchants) regarding the services provided by TYFON Art Mall website (domain name is www.tyfon.com.cn, referred to as this website), TYFON Cultural Cooperation Art Brokerage Agency, and the procedures for providing services. agreement. TYFON Culture and its cooperative entities respectively sign this agreement with you regarding the rights you enjoy and the obligations you assume in the process of receiving services on this website, and independently assume responsibilities to you, and do not assume mutual guarantees, joint or joint liability, etc.

TYFON Culture hereby reminds users to carefully read and fully understand the terms of this agreement. Your acceptance of this Agreement means that you voluntarily accept the constraints of all terms. Please be sure to read carefully and fully understand the contents of each clause, especially the clauses exempting or limiting liability, legal application and dispute resolution clauses. In particular, such clauses will be marked in bold The form prompts your attention. If you agree to this agreement and complete all registration procedures, it means that you have fully read, understood and accepted all the contents of this agreement, and have reached an agreement with TYFON Culture to become a user of the TYFON Art Mall platform. During the process of reading this Agreement, if you do not agree with this Agreement or any of its terms, you should immediately stop the registration process.

TYFON Culture hereby reminds users to pay attention to:

1. If you entrust TYFON Culture or its affiliates to act as an intermediary to sell art, regardless of whether the art has ever been through the TYFON Art Mall platform When purchasing, TYFON Culture and its affiliated companies will not provide any form of minimum price commitment on the sales price of the artwork. The relevant price and other agreements shall be subject to the written contract signed and effective at that time.

2. The goods you purchase on the TYFON Art Mall website must be signed in a written art sales contract, including the price, specifications, rights and obligations of the relevant parties, etc. The signed and effective contract shall prevail, and the terms of the contract will not be treated differently because you are an employee or associate of an employee of the platform operator, TYFON Culture or a third-party merchant.

1. Scope of Agreement

1.1【Subject Scope】

The operating entities of TYFON Art Mall platform are Suzhou Yunqu Technology Co., Ltd., Jiangsu TYFON Cultural Communication Co., Ltd. and their affiliated companies (the two are collectively referred to as "TYFON Art Mall Service Provider" "). Under this agreement, the service provider of TYFON Art Mall may change according to the platform business adjustment. The changed service provider of TYFON Art Mall will work with you to perform this agreement and provide services to you. The service provider of TYFON Art Mall will The changes will not affect your rights and interests under this Agreement.

1.2 [Supplement to Agreement]

TYFON Culture Privacy Policy and TYFON Culture Account Use Agreement are an integral part of this agreement and have the same legal effect as this agreement. Considering the rapid development of Internet business, the terms of this agreement cannot completely cover all the rights and obligations of you and TYFON Culture, nor can they guarantee that they fully meet the needs of development. The legal statement, privacy policy, platform specifications, rules, notices, announcements, operating rules, help documents, warm reminders, etc. of the TYFON Art Mall platform are supplementary agreements to this agreement, are inseparable from this agreement and have the same legal effect. If you use the services of this platform, you are deemed to have agreed to the above supplementary agreement.

2. Application and use of TYFON Culture account

2.1【TYFON Culture Account Usage Agreement】

If you log in to TYFON Art Mall, you still need to register a TYFON Art Mall account. Your application and use of a Tai Fung Culture account shall comply with the Tai Fung Culture Account Use Agreement and the regulations revised and published by Tai Fung Culture from time to time.

2.2【User Qualification】

Before you start the registration process to use the services of this platform, you should have the civil capacity appropriate to your behavior as stipulated in the laws of the People's Republic of China. If you do not have the aforementioned civil capacity appropriate to your behavior, you should use this software with the participation of your guardian, and you and your guardian shall bear all consequences resulting therefrom in accordance with legal provisions. The operations under your account represent you; if you need to purchase goods or enjoy services on the TYFON Art Mall platform on behalf of a specific unit, you must provide the unit's relevant certificate materials and authorization materials in accordance with the requirements of TYFON Culture. In addition, you also need to ensure that you are not the subject of trade restrictions, sanctions or other laws and rules imposed by any country, international organization or region, otherwise you may not be able to register and use the TYFON Art Mall platform services normally.

3. Platform services and specifications

(1) Purchase art products

3.1.1 The artworks and services on the TYFON Art Mall platform are operated by TYFON Art Mall service providers or third-party merchants. The operating entity of third-party merchant products shall be subject to the merchant information published on the page. For the convenience of description, the business entities of goods and services are collectively referred to as "sub-agents" below. For goods clearly marked as being provided by third-party merchants, invoicing, delivery, and after-sales services are all provided by the merchants who purchase the goods. The platform will not assume the aforementioned obligations and responsibilities, unless otherwise provided by laws and administrative regulations.

3.1.2 [Contract Formation] You understand and agree: The artworks, prices, specifications and other information displayed on the TYFON Art Mall platform are for your reference only, and you must confirm it when placing an order. The specific content of the order can be submitted after confirmation. After you submit an order on the TYFON Art Mall platform and pay the full amount, you must sign an art sales contract and other related contracts before the art purchase can be considered successful. Before the sales contract between the sub-agent and you is established, both you and TYFON Culture have the right to cancel orders for related products.

3.1.3 [Pay first, then deliver goods] You understand and agree: This platform implements the method of payment first and delivery later. Users can pay for the goods purchased in a timely, full and legal manner. The payment is a condition for the establishment and effectiveness of the contract, and is also a prerequisite for the sub-agent to deliver goods to the user. If you fail to complete payment in a reasonable manner or within the specified time, Tai Fung Culture has the right to cancel the order.

3.1.4 [Out of stock disclaimer] TYFON Culture will try its best to meet your needs and prevent the goods you purchased from being out of stock. However, due to technical obstacles and various types of uncontrollable and avoidable Factors, the sub-agent cannot guarantee that the goods that meet all the requirements in the order submitted by you are in stock; if the goods you ordered are not in stock, you have the right to cancel the order and terminate the contract, and the sub-agent also has the right to cancel the order and terminate the contract. If you have already paid, a refund will be processed for you. After the order is cancelled, the money you have paid will be returned to your payment account. You understand and acknowledge that the refund time will vary due to different payment platforms, payment methods and other reasons.

3.1.5 [Purchase Limitation Terms] You understand and acknowledge that based on the preset rules of art product activities, if the sub-agent announces the purchase limit of certain products on the page, if you plan to purchase more than the purchase limit For quantity of goods, please contact TYFON Culture or relevant third-party merchants. For orders that you have submitted that exceed the purchase limit, the sub-agent has the right to unilaterally cancel and terminate the contract. The above purchase limit quantity, unless otherwise specified, is not only for a single account. If you place an order through multiple accounts within a period of time, although the quantity of a single order does not exceed the purchase limit of the product, the purchase limit will be determined by the delivery address, order IP address, If the contact number, consignee, etc. determine that the actual purchaser is one person or closely related to you, and the total purchase quantity of multiple orders exceeds the purchase limit of the product, the sub-agent has the right to cancel the relevant order and terminate the contract. TYFON Culture has Based on this situation, we have the right to decide whether to close your account on Tai Fung Culture and prohibit you from re-registering an account on the Tai Fung Culture website within a certain period of time.

3.1.6 [Provisions prohibiting malicious purchases, purchasing, and resale] Your purchasing behavior should be based on real consumer needs, and there should be no malicious purchases of goods and/or services, malicious rights protection, etc. Behavior that disrupts the normal trading order of TYFON Culture Platform. Based on the need to maintain the transaction order and transaction security of the TYFON Culture platform, TYFON Culture can proactively perform operations such as closing relevant transaction orders and canceling contracts when discovering the above situations.

3.1.7 [Price Display] Although TYFON Culture does its best to ensure the accuracy of product prices, product prices may occasionally have pricing errors. If the correct price of a product is higher than the price displayed on the TYFON Art Mall website, or the order price is incorrect due to a system settlement error, TYFON Culture has the right to decide based on the specific circumstances, contact you for your opinion, or cancel your order order, cancel the contract and notify you.

3.1.8 [Return and Gift Return Terms] When you return the product, you should return the product itself, accessories and gifts together. Gifts include physical gifts, points, vouchers, coupons, etc. If you choose not to return the gift, you should pay the price of the gift according to the pre-specified gift price as required by TYFON Culture or its sub-agent.

3.1.9 [Platform information changes] The product/service promotion content, parameter price, quantity, availability and other product/service information on the TYFON Art Mall platform may change at any time. , TYFON Art Mall platform will not make any special notice. Due to the large amount of product/service information on the platform, although the TYFON Art Mall platform will do its best to ensure the accuracy of the product/service information you browse, due to objective reasons such as well-known Internet technical factors, the information displayed on the platform There may be certain lags or errors. You express your knowledge and understanding of this situation, and agree not to hold TYFON Art Mall platform liable for breach of contract or infringement; if you find that the product/service information is wrong or have questions, please Do not submit an order or accept services, and inform the TYFON Art Mall platform at the first time.

3.1.10 [Promotional Activity Description] TYFON Art Mall will carry out various forms of promotional activities. You can only participate in the activities within the validity period of the activity and enjoy the corresponding discounts in accordance with the activity rules.

3.1.11 After the order is canceled for any reason, the coupons etc. used when paying for the goods are invalid because they have been used and will no longer be refunded to your account. Regarding whether the coupon is invalid due to use, if the mall has special rules, it will be handled in accordance with the special rules of the mall.

3.1.12 You have the right to evaluate the goods or services you purchased in the evaluation system provided by TYFON Culture Platform. All your evaluation behaviors should comply with the relevant provisions of the TYFON Culture Platform rules. The evaluation content should be objective and true, and should not contain any obscene language, pornographic vulgarity, advertising information and other prohibited information specified in laws, regulations and this agreement; you You should not help others improve their credit in improper ways or use your evaluation rights to threaten or extort other users or merchants.

(2) Commodity logistics

3.2.1 [Receipt Information] When placing an order, you must fill in the consignee, contact information, delivery address, contract performance method, etc. of the goods you wish to purchase. Products will be shipped to the shipping address you specify. You are solely responsible for any losses caused by your changes to contact persons or related delivery information.

3.2.2 [Delivery time] The system will determine whether to push and display the delivery time based on different order types. If displayed, the delivery time listed in the order information will be used as a reference. The calculation of time and reference time is estimated based on inventory status, normal processing and delivery time, and delivery location. It does not belong to the promised arrival time, nor is it equal to the actual arrival or completion of installation time. You understand that the products on the platform may be out of stock, or product delivery may be delayed due to out of stock. You understand and accept that Tai Fung Culture does not assume any responsibility for this.

3.2.3 [Goods delivered] For the art goods you purchase, TYFON Culture or a third-party merchant will deliver the goods to your designated delivery address through the logistics company (outside the delivery range) (Except), please follow TYFON Culture's receipt process to receive the goods; when the goods are delivered to you, your family or your designated consignee or the consignee's agent, you will be deemed to have completed the receipt of the goods. We also acknowledge that the goods received do not have any appearance defects, damage or other problems. You shall bear joint and several liability for the legal consequences of the consignee's behavior and expression of intention. If signature confirmation is required, please read the relevant terms in detail before signing.

3.2.4 [Accurate information] You should accurately fill in your real name, shipping address and contact information. If an order is delayed or cannot be delivered due to the following circumstances, the merchant does not need to bear relevant responsibilities and reserves the right to unilaterally cancel the order:

(1) Shipping address, contact information and other information are incorrect, non-existent or not detailed enough;

(2) The delivery personnel contacted the reserved delivery mobile phone twice, but could not be connected or no one answered;

(3) The goods are delivered without a signature, resulting in the costs and related consequences of repeated delivery;

(4) Force majeure, such as natural disasters, traffic curfews, strikes, riots, government actions, sudden wars, etc.

(3) After-sales service

3.3.2 [After-sales Service Area] You understand and agree that: the products on the TYFON Art Mall platform are only sold in mainland China, so TYFON Culture only provides you with after-sales services in mainland China. ; If you take the goods purchased on the TYFON Art Mall platform out of customs, TYFON Culture is not obligated to provide any information to assist in customs clearance.

(4) Third party

3.4.1 [Third-party product liability] Third-party sellers other than TYFON Culture distribute products and provide services through the TYFON Culture platform. TYFON Culture is only a third-party seller. Providing network platform services, in addition, TYFON Culture provides links to the websites of affiliated companies and other enterprises. TYFON Culture will try its best to conduct audits and screenings, but TYFON Culture only provides Internet platforms or promotional services to third-party sellers, and the corresponding product and service responsibilities are borne by the providers of the products and services to the users.

3.4.2 [Payment Methods and Responsibilities] You have the right to choose to use the payment methods provided by TYFON Culture. You understand and confirm that the payment services are provided to users by a legally qualified third party. The conditions and specifications for the use of other payment services are determined by you and the payment service provider. TYFON Culture does not assume any responsibility for such payment services.

3.4.3 [Export Control] TYFON Culture has the right to refuse to send prohibited goods to countries, regions and any institutions or individuals that are blacklisted by the United Nations, the United States, the European Union and other countries. . At the same time, you may not use any products produced or sold by TYFON Culture for any military purposes, support terrorism, nuclear facilities, biological and chemical weapons, missiles, weapons of mass destruction, etc. You must comply with all export and re-export restrictions from the United States or other countries that may apply to artistic goods, technology and services. If you are subject to U.S. sanctions, or are subject to sanctions consistent with U.S. law imposed by the government of the country where you are using Tai Fung Culture services, you may not be able to use the services provided by Tai Fung Culture.

3.4.4 [Services not provided by TYFON Culture] TYFON Culture will not proactively provide you with paid services by phone or other forms without your explicit service request. , if you accept the above services, TYFON Culture does not assume any responsibility for the services.

3.4.5 [Force majeure and third-party reasons] TYFON Culture performs relevant obligations in accordance with legal provisions, but will not be responsible for any obstacles to contract performance, performance defects, performance delays, or performance content caused by the following reasons. TYFON Culture does not assume liability for breach of contract due to changes or other circumstances:

(1) Due to force majeure factors such as natural disasters, strikes, riots, wars, government actions, judicial administrative orders, etc.;

(2) Due to public service factors such as power supply failure, communication network failure, or any other reasons due to hacker attacks, computer virus intrusion, blocking of illegal content information, harassing information, government control, and any other Service interruptions or obstructions caused by network, technology, communication lines, information security management measures and other reasons that cannot meet your requirements;

(3) Due to factors such as routine or emergency equipment and system maintenance, equipment and system failures, network information and data security, etc., TYFON Culture has managed it in good faith.

4. Protection and authorization of user information

4.1【Personal Information Protection】

4.1.1 TYFON Culture will collect, use and process your personal information in accordance with the privacy policy. In accordance with applicable laws, you have the right to query, correct, delete, and cancel services or accounts regarding your personal information. Please send an email to kefu@taifeng.ltd. For specific procedures, please refer to the Privacy Policy.

4.1.2 After completing the purpose of collecting personal information, TYFON Culture will stop retaining the data, or perform desensitization and de-identification processing. However, in accordance with the relevant provisions of the "E-Commerce Law of the People's Republic of China", TYFON Culture shall retain transaction information for three years from the date of completion of the transaction, but TYFON Culture will no longer process this part of your transaction information. Laws and administrative regulations shall not Exceptions are made.

4.1.3 We will not share your personal information with any company, organization or individual other than TYFON Culture (and related affiliated companies or entities providing related services), except for the following circumstances :

(1) Obtain your explicit consent or authorization in advance;

(2) Provided in accordance with applicable laws and regulations, legal process requirements, mandatory administrative or judicial requirements, including but not limited to relevant competent authorities in accordance with the "E-Commerce Law requires TYFON Culture to provide relevant e-commerce data information (which contains some personal information).

4.1.4 [WeChat Mini Program] In certain scenarios, users can choose to use their existing WeChat account to log in to the TYFON Art Mall mini program. The user uses the above account to log in and associate with TYFON Culture. Account, TYFON Culture will obtain some user information on these platforms. In view of this, when the user performs the above operations, it represents that you have agreed to TYFON Culture obtaining its information on these portals and social platforms.

4.2 [Release of information]

You represent and warrant that you have corresponding and legal rights to the information you publish. Otherwise, TYFON Culture may delete or block the information you posted in accordance with the law or this agreement.

4.3 [Prohibited Information]

You should ensure that the information you publish does not contain the following content:

(1) Violating prohibitive provisions of national laws and regulations;

(2) Fraudulent, false, inaccurate or misleading;

(3) Infringement of other people’s intellectual property rights or involving third-party trade secrets and other proprietary rights;

(4) Insult, slander, intimidate, involve other people's privacy, etc. and infringe on the legitimate rights and interests of others;

(5) It is possible to destroy, tamper with, delete, affect the normal operation of any system of the TYFON Art Mall platform, or secretly obtain the data and personal information of the TYFON Art Mall platform and other users without authorization Viruses, Trojans, crawlers and other malware and program codes;

(6) Other content that goes against social public interests or public morals or is not suitable for publication on the TYFON Art Mall platform in accordance with the relevant TYFON Culture Platform agreements and rules.

4.4 [Authorized use]

For non-personal information other than personal information such as text, pictures, videos, audios, etc. that you provide, publish and use the TYFON Art Mall platform services, the protection period specified by law shall be You grant TYFON Culture and its affiliates free of charge the global exclusive right to license and sublicense to other third parties for use, and the right to collect evidence and file lawsuits against third parties' infringements in their own name. You agree to Tai Fung Culture and its affiliates to store, use, copy, revise, edit, publish, display, translate, distribute or create derivative works from your non-personal information in forms, media or technologies known or later developed. Incorporate the above information into other works. (In order to facilitate your use of the TYFON Art Mall platform and other related services, you authorize TYFON Culture to transfer the information you provide and form during account registration and use of the TYFON Art Mall platform services to other related service providers, or from Other related service providers obtain the information you provide and form during registration and use of related services.

4.5【Message sending】

You agree that TYFON Culture has the right to send order information, promotional activities, advertisements or advertising links to you and your designated recipients through emails, text messages, phone calls, etc. right.

5. Changes

TYFON Culture may modify this agreement and supplementary agreement from time to time in accordance with changes in national laws and regulations and the need to maintain transaction order and protect consumer rights and interests. The changed agreement and supplementary agreement (hereinafter referred to as "changes" Matters") will be notified to you through legal procedures and in a reasonable manner. If you still disagree with the changes that have taken effect, you should stop using TYFON Culture Platform services from the effective date of the changes, and the changes will not be effective for you; if you continue to use the services after the changes take effect TYFON Art Mall platform services are deemed to be your agreement to the changes that have taken effect.

6. Termination

6.1 When any of the following situations occurs to you, TYFON Art Mall platform has the right to restrict all or part of your permissions (including but not limited to placing orders, participating in promotional activities, etc.), cancel relevant Unfulfilled orders, cancellation of contracts, or cancellation of your TYFON Culture account:

(1) Affecting the normal operation of the website or affecting the website's provision of services to other users through cyber attacks, large-scale advertising, etc.;

(2) Publish information unrelated to the goods or services sold in the comment area or consultation area multiple times, or make malicious negative comments multiple times, violating the platform's credit evaluation system;

(3) Seeking benefits through improper means (such as plug-in tools, network attacks, bank card theft, etc.) or other illegal and infringing methods that infringe on the interests of third parties;

(4) Taking advantage of the seller's fault or mistake to make malicious claims or complaints for two or more times, or insulting or personally attacking sub-agents or customer service personnel without reason;

(5) Refuse to accept goods or services multiple times in a short period of time not due to product/service quality reasons;

(6) Engaging in claim or resale business (such as wholesale and retail) through account shopping;

(7) The order information you provide (including but not limited to name, phone number, ID number, email address, etc.) is untrue, inaccurate or incomplete;

(8) You have other violations that affect the normal operating order of the platform or violate the law.

6.2 [Processing after Account Termination]

If your account on the TYFON Art Mall platform is terminated, TYFON Culture can notify the transaction counterparty and make decisions based on the wishes of the transaction counterparty for the transaction orders generated during the validity period of your account. Whether to close such transaction orders; if the counterparty of the transaction requires continued performance, you shall continue to perform this Agreement and the stipulations of the transaction orders for such transaction orders, and bear any losses or increased expenses incurred thereby.

6.3 [Termination of account termination rights]

Once your account on the Tai Fung Art Mall platform is terminated, your right to use the Tai Fung Art Mall platform services will terminate. TYFON Culture will not bear any responsibility to you due to the termination of this agreement, including terminating your user account and deleting your user content; TYFON Culture also has no obligation to provide you or third parties with any information arising from your use of TYFON Art Mall platform services. Information.

7. Intellectual property rights

7.1【Intellectual Property Protection】

Your use of the TYFON Culture account and TYFON Art Mall platform services shall comply with the provisions on intellectual property rights in the TYFON Culture Account Use Agreement and other relevant agreements.

7.2【Intellectual Property License】

The intellectual property rights of the original information such as text, pictures, videos, software and performances that you publish and upload using your TYFON Culture account when using the TYFON Art Mall platform services belong to you, but you confirm that Your publication and uploading of such information shall be deemed as granting TYFON Culture a non-exclusive, permanent and irrevocable right to use, copy and other rights to all intellectual property rights related to such information, and you agree that TYFON Culture may transfer Grant the above rights.

7.3 [Intellectual Property Ownership]

Except with the prior written consent of Tai Fung Culture, you do not obtain the right to use any intellectual property rights of Tai Fung Culture. You warrant, represent and commit that you respect the intellectual property rights of Tai Fung Culture. You will not use your own name or cause a third party, nor will you agree or allow any third party to apply to be associated with Tai Fung Culture or Tai Fung Culture in any jurisdiction or in any way for any of its marketing, advertising, promotional or other purposes. Trademarks, domain names, wireless websites, Internet search terms or any trade names or service marks that are similar to the Company's trademarks. If the above situation occurs, you must transfer all relevant rights to TYFON Culture at your expense. You guarantee, represent and undertake that you will not use the following names (including but not limited to "TYFON", "TYFON Culture", "TYFON Art Mall", "ARTKEY", "Yixin Art Use", "Fenglian Art Tree" ", "Fenglian Digital", the affiliated logos and patterns of the above-mentioned brands are used as part of the company, merchant, service or product name, and the intellectual property rights of TYFON Culture trademarks or similar trademarks will not be used. If you violate the terms of this clause, If any loss is caused to TYFON Culture, the loss will be borne entirely by you.

7.4【Infringement Processing】

The information you publish on TYFON Art Mall shall not infringe the intellectual property rights of any third party. You may not upload, publish or modify it in any way without the prior written consent of the relevant owner. , transmit or reproduce any copyrighted material, trademarks or proprietary information belonging to another person. If you believe that the products or other information on the TYFON Art Mall platform infringes upon your intellectual property rights, please follow the intellectual property protection rules and procedures published on the TYFON Art Mall platform.

8. Notice

When you register as a user of the TYFON Art Mall platform and accept the services of the TYFON Art Mall platform, you should provide TYFON Culture with real and effective contact information (including your email address , contact number, contact address, etc.). If your contact information changes, you are obliged to update the relevant information in a timely manner and remain available for contact. The pop-up windows and other notification forms pushed by TYFON Culture to your browsing interface also serve as effective notifications to you.

TYFON Culture will send you various notices to one or more of your above contact information, and the content of such notices may have a significant impact on your rights and obligations. Whether it is beneficial or adverse effects, please be sure to pay attention in time.

You should ensure that the contact information provided is accurate, valid, and updated in real time. If the notification cannot be delivered or is not delivered in time because the contact information provided is inaccurate or the changed contact information is not notified in a timely manner, you shall bear the legal consequences that may arise.

9. Applicable legal jurisdiction and others

9.1 This agreement shall be governed by the laws of the People's Republic of China. Any disputes arising from your use of TYFON Art Mall platform services and related to TYFON Art Mall platform services will be resolved by TYFON Culture through negotiation with you. If negotiation fails, either party may file a lawsuit with the people's court with jurisdiction over the defendant's domicile.

9.2 If some terms in the agreement cannot be applied for any reason, other terms of this agreement will continue to apply and the inapplicable terms will be modified so that they can be applied in accordance with the law.

9.3 Other rights not expressly authorized are still reserved by TYFON Culture. You must obtain additional written permission from TYFON Culture when exercising these rights. If TYFON Culture fails to exercise any of the aforementioned rights, it does not constitute a waiver of such rights.