Effective Date of this Version: January 1, 2023
This "UShort VIP Membership Service Agreement" (hereinafter referred to as "this Agreement") is an agreement between you and UShort (hereinafter referred to as "UShort" "we," or "us") regarding your membership as a VIP member (hereinafter referred to as "VIP Member") of the software product "UShort" owned by us, and your use of the VIP membership service (hereinafter referred to as "the Service") provided by us. The VIP membership service referred to in this Agreement only refers to the value-added services provided by our company, HONG KONG ELEPHANT NETWORK TECHNOLOGY CO., LIMITED, through the UShort software product, excluding products and value-added services provided by other companies.
Please read this Agreement, the "Service Agreement," and the "Privacy Policy" (collectively referred to as the "Agreements") carefully. Your use of the Service (including clicking to agree to this Agreement and making any payment for the Service) will be deemed as your reading and understanding of the Agreements, your agreement to the Agreements, and your acceptance of the binding nature of this Agreement, the Service Agreement, and the Privacy Policy.
UShort VIP Membership refers to a natural person who has completed all the procedures to become a UShort VIP Member, and within the validity period of membership, enjoys the VIP membership service provided by us while complying with this Agreement. As a VIP member, you have the right to unlock all TV shows and books in the U DRAMA application, but it does not include advance on-demand services for future serialized TV shows or pay-per-view services required by copyright holders for individual episodes or books.
Special Explanation Regarding Pay-per-view During the validity period of your VIP membership, you can access all updated content on our UShort platform. However, for certain videos, additional payment is required for advance on-demand service. For these videos, you can use virtual coins or make direct payments to watch them. We will clearly mark and provide explanations for the paid content and provide prompts and instructions on the relevant pages. Please read them carefully before making a purchase. The pricing for different video content may vary, so please confirm the desired content and corresponding price before making a payment.
You understand and agree that the pay-per-view content has a corresponding usage expiration period. The start time of the validity period is the time when your payment is successfully made. The specific duration of the validity period will be clearly marked on the relevant page, and you can view the remaining validity period after successful payment. Once you have successfully paid, it represents your acceptance of the validity period. We recommend that you use the content in a timely manner. After the validity period expires, regardless of whether you have finished watching the content, the fees you have paid will not be refunded or compensated in any form.
You understand and agree that based on copyright conditions and operational policies, we have the right to provide some or all of the pay-per-view content you have paid for free to other users after a certain period of time.
Changes to Service Content Please be aware that UShort reserves the right to adjust VIP member benefits and/or service content (including but not limited to changes, additions, reductions, optimization of member benefits and/or service types, member packages, service fee standards, modification of member names and/or rights details, addition or change of additional paid content and/or rules, adjustment and optimization of some product functions, etc.) based on legal regulations, regulatory policies, operational strategies, user needs, and other factors. Regarding such adjustments, UShort will provide notification on the service page or through other reasonable means. Please review and read them carefully, and we will try our best to minimize the impact of these adjustments on your existing member benefits.
Please be aware that the scheduling, plans, and other aspects of certain videos included as part of the VIP membership service are determined by UShort based on its operational strategies and other factors. Please refer to the video pages for specific information. It is important to note that the scheduling, payment plans, free periods for VIP members or non-members, and other aspects of certain paid video content are also determined by UShort based on copyright requirements or its own operational strategies. Additionally, ELEPHANT NETWORK reserves the right to make partial adjustments to video content based on changes in copyright status, copyright restrictions, its own operational strategies, and user needs. This may include adjusting the release schedule of video content, suspending or discontinuing certain video content. If content is discontinued, even if you have downloaded or cached the content locally, you may not be able to view it.
You are responsible for safeguarding your VIP membership account, account information, and account password. You should take all necessary and effective measures to protect your account information and password (if using third-party accounts, such as iOS accounts, you should also protect the information and password of the third-party account). To the fullest extent permitted by applicable laws, we are not responsible for any loss caused by disclosure of account information (including your account password) not caused by us or any loss caused by improper use or storage of the account on your part. However, we will provide necessary assistance within a reasonable scope as required by law.
You can view your VIP membership account information, including the remaining time of the current subscription period, subscription fees, etc., by logging into the "VIP Member" page. You can also view the transaction history in the "My" section.
If you purchase VIP membership services without logging in, your account will be associated with the third-party account under your name. In the event of a device change, please click "Restore" on the "VIP Member" page to restore your membership rights. If restoration is not possible, please contact customer service, and we will provide assistance within a reasonable scope.
The VIP membership service is a paid service. As a VIP member, you can choose to pay the subscription fee (referred to as the "subscription fee") through the following methods: (a) a bank card registered under your name (such as a credit card or debit card); (b) a third-party payment account registered under your name (such as Apple Pay, Google Pay); or (c) other payment methods supported by our products (the accounts mentioned in (a), (b), and (c) are referred to as "payment accounts"). The payment methods supported on our platform may change from time to time, and the actual supported payment methods may vary depending on the terminal. Please refer to the payment page displayed when you make the payment for the subscription fee for the specific payment methods. You understand and agree that if you use third-party payment services to pay the subscription fee, you will also be bound by the policies, terms, and conditions of the third-party payment services. For certain payment methods, banks or payment institutions may charge you specific fees, such as cross-border transaction fees or other processing fees related to your payment method. The amount may vary depending on the payment method you use. The specific charging date and amount should be based on the information shown on your billing page. These specific fees are charged by the bank or payment institution to you and are unrelated to us. Please consult your card-issuing bank or payment institution for details.
You understand and agree that the subscription fees for the VIP membership service may vary due to policy differences in your country/region and different device channels. We have the right to determine the subscription fees applicable to your country/region/device. When you subscribe to the VIP membership service, you agree to pay the subscription fee based on the different standards applicable in your country/region and different devices due to regional and device differences. The specific subscription fee will be displayed on the payment page when you make the payment.
You are not allowed to use VPN or other methods to subscribe across regions in order to obtain membership prices or discounts that are not available in your region. If this results in the inability to use the VIP service normally, you will bear the corresponding responsibility yourself. Depending on the seriousness of your actions, we may decide whether to temporarily or permanently restrict your account's usage.
We may carry out promotional activities for the VIP membership service subscription fees based on our operational strategies. You understand and agree that the special offer/promotional price you enjoy is only applicable during the notified period. After the end of the promotion period, the price of the Service will be based on the subscription fee announced on the "VIP Member" page.
Refunds of Subscription Fees You warrant that you have the right to use your payment account to pay the subscription fee, and such use does not infringe upon the rights of any third party. Only if you (a) successfully pay the full amount of your subscription fee and (b) fulfill all other applicable requirements for registering as a VIP member, can you enjoy the Service.
You understand and agree that the VIP membership service is a virtual product, and the subscription fee is the price of the virtual product corresponding to the subscribed membership service, not a prepaid payment, deposit, down payment, deposit slip, or other refundable goods or property rights. Once your VIP membership is successfully subscribed, it cannot be transferred. Once your payment for a subscription fee is successful, it will not be refunded (except for cases where there is a significant defect in the VIP membership service that prevents you from using it, our breach of this Agreement, other agreements specifically stating a refund is required by law, or we determine that a refund is possible). Before subscribing to the VIP membership service (including automatic renewal service), please carefully check your subscription account information, the type of service content subscribed, the price, the service period, etc. We are not responsible for any billing errors or payment errors. If any billing errors, wrong selection of subscription service content type, or other situations occur due to improper operation, lack of understanding, or insufficient understanding of the billing method, the responsibility for such damage or loss lies with you, and we will not provide any compensation.
Changes to Charging Standards and Methods The subscription fees (including subscription fees for automatic renewal), payment methods, and charging cycles for VIP membership service, "Pay-per-view," and other related services will be independently determined by us based on our operational costs, operational strategies, taxes, handling fees, etc. We reserve the right to make adjustments (including but not limited to promotions, price increases, etc.). We will display the changes on the service page or through other reasonable means. If there are price adjustments to the subscription fees of the VIP membership service, the effective price displayed on the payment page at the time of purchase or renewal shall prevail.
Automatic Renewal Automatic renewal service means that when you purchase the VIP membership service, you authorize us to deduct the fees for the next billing cycle from the balance of your associated account without verifying your account password, payment password, SMS verification code, etc. before the membership service period expires and within a certain period after it has expired. You are required to ensure that the balance in the account is sufficient. If the deduction fails for any reason, the membership service period will expire. If you successfully renew before the service period expires and have activated automatic renewal, the membership service period will be extended based on the original service period. The authorization for the above deduction is valid for a long time and without a limit on the number of times. However, we reserve the right to temporarily or permanently cancel your automatic renewal before the end of your current membership fee billing cycle. We will provide reasonable notice in advance through appropriate means. Please note that the update of the automatic renewal status may have a display delay. Please refer to the renewal status displayed in the product interface. Furthermore, the automatic deduction instructions entrusted to us before the successful cancellation remain valid, and we will not refund or compensate for any fees deducted based on those instructions until the cancellation process is completed.
You can cancel the automatic renewal through the product interface. If you pay through a third-party provider (such as Apple) and wish to cancel your automatic renewal, you can do so through your third-party account. After completing the cancellation operation, your automatic renewal will be terminated automatically at the end of the current billing cycle. We also reserve the right to cancel automatic renewal before the end of your current billing cycle, but we will notify you in advance through appropriate means. You understand and agree that the display of the updated automatic renewal status may be delayed, and the status displayed in the product interface shall prevail. Until successful cancellation, the previously authorized automatic renewal deductions will remain valid. We are not responsible for any charges deducted according to the adjusted price if you cancel within 24 hours before the expiration of the current automatic renewal billing cycle. If the deduction is successful, your membership service period will expire from the day after the next billing cycle completes.
The service period of your VIP membership is based on the service period you choose and the corresponding membership fee you pay. You can check the service period by logging into the "VIP Member Center" page. This period will not be extended due to your non-usage or suspensions, rewinds, or other actions regarding the videos. After the membership service period expires, we will stop providing the VIP membership service. However, if you have successfully renewed and activated automatic renewal before the service period expires, the membership service period will be extended based on the original service period.
Please understand that due to the special nature of Internet services, the display quality of video content provided by the Service may be affected by various factors, including the device you use, the membership benefits you enjoy, your location, the bandwidth and/or internet connection speed you use, and restrictions imposed by the video content itself (referred to as "viewing factors"). You further understand that you may need to wait for a while before playing video content, and the waiting time will be affected by the viewing factors.
You understand that you may receive virtual products, such as vouchers or activation codes, provided by us or third parties during your use of the VIP membership service. The aforementioned virtual products can only be used within the specified purpose or scope announced and cannot be refunded, exchanged for cash, transferred, bought, sold, or replaced. After use, they will not be restored, and they have an expiration period. We remind you to remember to use them in a timely manner.
Third-Party Service Content You understand that if you use third-party products and/or service content during the use of the VIP membership service, the third-party products and/or service content are provided and responsible by third parties, not the VIP membership service. We remind you to carefully review the usage rules when using such third-party service content. Any disputes or issues arising from your use of such third-party services will be resolved directly between you and the third party. However, we will provide necessary assistance within a reasonable scope as required by law.
This service and video content (including all its components) are protected by copyright, trademark, patent, or other intellectual property rights. If you have a valid VIP membership, we grant you a personal, limited, non-exclusive, non-transferable, revocable right and license to use this service and access the video content. At any time, you may not use the video content, this service, or VIP membership for commercial purposes or any other purposes that may infringe upon our and/or our affiliated companies' and/or third parties' legitimate rights and interests. More specifically, this service and the video content are for your personal use only.
You understand and agree that we provide various types and levels of VIP memberships. Depending on the country/region you reside in, the types of VIP memberships available to you may vary, and some VIP membership types are only available in specific countries/regions. There may be differences in membership benefits between different VIP membership types, and there may also be differences in benefits between different levels. Your VIP membership benefits will vary depending on the type or level of VIP membership you purchase, and you can choose the appropriate membership type based on your actual needs. The "VIP Member Center" will further explain the type, level, and content of your VIP membership benefits.
VIP membership accounts can only be used on mobile devices. The specific terminal devices applicable may be subject to actual availability. To prevent malicious sharing of accounts or account theft, you understand and agree that there is a limit on the number of terminal devices that can simultaneously use the same VIP account. The specific limitations are as follows: a) If you are a VIP member, your VIP account can be used on up to 2 terminal devices at the same time.
If you exceed the above usage limit, we have the right to restrict login or usage, interrupt or terminate the provision of VIP membership services, etc., depending on your excessive usage.
We have the right to change the quantity limit of devices for different types of VIP memberships. The rules or limitations reflected in the platform's announcement or actual restrictions will prevail.
Your VIP membership is for personal use only and should not be transferred between third-party accounts. You are not allowed to gift, lend, rent, transfer, sell, or trade your VIP membership account, except as otherwise agreed by us. You may not acquire VIP membership through theft or other illegal means, nor may you obtain or purchase VIP membership through unauthorized websites or other illegal channels.
You understand that due to different software versions, device functions, operating systems, and other reasons, there may be differences in the specific rights and benefits of your VIP membership, video content, or this service. We recommend that you upgrade your application or operating system, use other devices, or contact us directly to resolve such issues.
You understand and agree that your VIP membership is only valid in the country/region where we provide this service, and the member benefits you enjoy after subscribing are limited to the VIP member benefits in the country/region where your VIP account is registered. If you change your country/region (whether temporarily or permanently), it may result in partial or complete inability to use your member benefits. You also understand and agree that video content included as part of the VIP membership service may vary depending on the country/region and will change from time to time. The available video content in each country/region will only include the video content for which we have legal broadcasting rights in that country/region.
In addition to all other prohibitions set forth in this Agreement, you agree to comply with all applicable laws, regulations, and all Agreements. Without our prior written consent, you may not engage in the following activities: Broadcast, copy, download, upload, modify, compile, translate, distribute, develop, transfer, sell, rent, lease, display, or disseminate any of our video content; Synthesize, nest, link our video content; Create derivative works using our video content or use the video content for any purpose other than your personal non-commercial entertainment purposes; Interfere or attempt to interfere with the execution of this service, video content, or the server or network connected to this service through any means; Evade, delete, change, or disable the video content protection measures in this service; Copy, change, modify, delete, adapt, translate, decompile, or reverse engineer any application or program related to this service or video content; Use or attempt to use this service in a way that avoids generating usage fees; Copy, change, modify, delete, or damage any trademarks, service logos, or other intellectual property rights displayed or provided through this service; Use any data mining, robots, or similar data collection and extraction tools on this service, video content, or any part thereof, or construct any part of this service or video content. You understand that the display quality of video content provided by this service may be affected by various factors, including the device you use, the membership benefits you enjoy, your location, the bandwidth and/or internet connection speed you use, restrictions imposed by the video content itself ("viewing factors"). You further understand that you may experience waiting time before playing video content, and the duration of your waiting time will be affected by the viewing factors.
You understand and agree that during your use of the VIP membership service, you may obtain virtual products provided by us or third parties. The usage of these virtual products is limited to the specified purposes or scope announced and cannot be refunded, exchanged for cash, transferred, bought, sold, or replaced. After use, they will not be restored, and they have expiration periods. We remind you to remember to use them in a timely manner.
We have the right to modify this Agreement (including VIP member benefits) at our own discretion and without prior notice. Once the terms of this Agreement are modified, we will announce such modifications on the "VIP Member" page or notify you through other accessible means. The modified content will take effect fifteen (15) days after the update. Before the modified content takes effect, you may choose not to accept the modified content and cancel the Service. If the modification of this Agreement increases your obligations or reduces our obligations, within the maximum extent permitted by applicable laws and only in cases required by law, you may refuse the modification and terminate or cancel the Service within fifteen (15) days after the modified content takes effect without incurring any charges, penalties, or cancellation fees. Within the maximum extent permitted by applicable laws, your continued access to or use of the Service after the above-mentioned notification period will be deemed as your full acceptance and agreement to the modified Agreement and your acceptance of the binding nature of the modified Service or subscription. We recommend that you review the terms of this Agreement regularly and regularly review the information published on the "VIP Member" page to better protect your rights.
Due to unforeseeable circumstances or factors beyond our control, including but not limited to government actions, hacker attacks, virus intrusion, or other factors affecting the normal operation of the public internet, the Service may become unavailable. In such cases, we will notify you as soon as possible. You understand and agree that we will not be held responsible for any losses incurred as a result of such unavailability, and the subscription fee will not be refunded.
If you violate or fail to comply with any terms of this Agreement, we have the right to temporarily or permanently revoke your VIP membership at our sole discretion, and your subscription fee will not be refunded.
The failure or delay to exercise any right or provision under this Agreement shall not constitute a waiver of such right or provision. The exercise of any right or provision under this Agreement, whether in whole or in part, does not preclude the exercise of any other rights.
For information on the handling and protection of your personal information, your control over your personal information, and other related content, please refer to the "Privacy Policy".
To facilitate your timely access to relevant information about the product and information related to the service and this agreement, you agree that we have the right to notify you through any of the following means: website publication, page prompts, pop-ups, message notifications, and your contact information (such as email, phone, text messages, fax numbers, mailing address). Any such notification shall be deemed delivered to you from the date of transmission. If multiple notification methods are used simultaneously, the delivery time shall be based on the earliest transmission among the aforementioned methods.
Both parties agree that, to the fullest extent permitted by applicable law, all agreements shall be governed by the laws of the Hong Kong Special Administrative Region and shall be interpreted in accordance with the laws of the Hong Kong Special Administrative Region.
Any dispute arising out of or in connection with all agreements (including but not limited to the execution of all agreements) shall be resolved through friendly negotiation. Either party may also submit the dispute to the Hong Kong International Arbitration Centre and conduct arbitration in accordance with the effective "HKIAC Administered Arbitration Rules" at the time of submitting the arbitration notice. To avoid any ambiguity, friendly negotiation is not a prerequisite for submitting a dispute to arbitration at the Hong Kong International Arbitration Centre. The arbitration shall take place in Hong Kong, and the arbitration language shall be Chinese. In the event of any conflict between this agreement and the "Service Agreement," this agreement shall prevail to the extent necessary to resolve the conflict.
If you have any questions or opinions regarding this agreement or the use of our services (including inquiries or complaints), please contact us via email at hushoushuai@gmail.com or other customer contact methods provided by us. We will make our best commercial efforts to respond to your questions or opinions as soon as possible after receiving them.
The headings of this agreement are for convenience of reference only and do not affect the meaning or interpretation of any provisions in this agreement.
If there is any inconsistency between the product and/or service names (such as membership types, membership benefits names) in this agreement and those displayed on the relevant service pages, the information displayed on the relevant service pages shall prevail.
The term "including" means "including but not limited to the aforementioned content."
All agreements are applicable to you personally, and you may not transfer your rights or obligations under all agreements to any other person. We may assign all agreements without prior notice to you and without your consent, and after the assignment, the assignee shall assume our rights and obligations under all agreements, and we shall not be liable for this agreement.
Our failure to exercise any right or provision under all agreements shall not constitute or be deemed a waiver of that right or provision. If any term (or part thereof) of all agreements is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity of other terms (or parts thereof) under all agreements. Waiver of any term we violate under all agreements does not constitute a waiver of our violation of the same term or any other terms before, during, or after. If any term in all agreements is illegal, invalid, or unenforceable for any reason, such term shall be severable from all agreements and shall not affect the validity and enforceability of other terms.
This agreement, the "Privacy Policy," the "Service Agreement," pricing, video content, product and service information, related rules on the platform, etc., constitute the complete agreement between you and us regarding the access and use of this service and video content, and no one except us shall modify them.
January 1, 2023.