TERMS OF SERVICE (TOS)

I. Laws and Regulations

You agree to comply with all national laws and regulations of People’s Republic of China that apply to you in relation to the use of the Service provided by Linktour. You are fully responsible for using the Service under your account and/or any consequences thereof. Should any of your activity violates national laws and regulations or constitute a criminal offense; you will be prosecuted and held legally accountable. Meanwhile, if there are grounds to believe that your activity, including but not limited to your comments and statements or other behaviors that violates or might violate any terms of national laws and regulations, Linktour reserves the right to terminate the Service provided to you at any time without prior notice.

II. User Account, Password and Security

After verification process completed, you can use the account name and password assigned by Linktour to log in Linktour. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account. You agree:

  • To notify Linktour without delay of any unauthorized use of your account or any other breach of security.
  • That Linktour shall not assume any responsibility for the loss or damage resulted from the failure of keeping the account information and password confidential.
  • That as a partner, you shall be fully responsible for all acts and incidents that occur under your account. You will be held responsible if the failure of keeping account information and password confidential causes any damage to you, Linktour or any third parties.

III. Responsibilities of Content Provider

In accordance with the related laws and regulations, Linktour respectfully reminds you that content provider shall assume full responsibility for any content uploaded and published by a partner, including but not limited to text, news, materials, photos, images, videos, information and/or other resources. Linktour only provides partners with a content storage and management and could not verify the correctness, completeness or quality of the uploaded content. Under any circumstances, Linktour takes no responsibility for any content but reserves the right to terminate the transmission of any aforementioned content and take necessary actions in accordance with respective laws and regulations, including but not limited to suspending the partner’s full or partial access to the Service of Linktour, keeping related records and informing relevant authorities.

Content provider shall agree not to use Linktour for any illegal or improper activities, including but not limited to:

  1. Publishing or otherwise transmitting information that:
    • Is against the fundamental principles of the Constitution;
    • Endangers State security, reveals State secrets, incites subversion of State power and/or disrupts State unity;
    • Harms State reputation and public interest;
    • Incites national hatred, racial discrimination or undermines the unity of the nation;
    • Harms national religious policies; advocacy of evil cults and feudal and superstitious elements;
    • Spreads rumors or disturb social order and stability;
    • Spreads obscene, pornographic, gamble, violence and murder-related, threatening or abetting information;
    • Insults or defames another or infringes the rights of others;
    • Is deemed false, deceitful, harmful, threatening, violating privacy, harassing, offensive, defamatory, indecent, obscene or is otherwise morally objectionable;
    • Contains other content restricted or forbidden by laws, rules, regulations and any other norms that have the force of law of the People’s Republic of China;
    • Contains content deemed by Linktour to be not appropriate to demonstrated on Linktour;
  2. Infringing others lawful rights in any way;
  3. Impersonating any person or entity; falsely or fictitiously describing or intentionally misinterpreting the relationship with another person or entity;
  4. Publishing, transmitting by email or any other way information acquired under contractual or statutory relations (such as internal, exclusive or classified materials obtained by employment relationship or confidentiality agreement) which is for knowledge only and cannot be transmitted;
  5. Publishing or otherwise transmitting contents that violates copyright, patent, trademark, trade secret or other exclusive rights (hereafter referred to as “exclusive rights”);
  6. Publishing or otherwise transmitting advertising, promotional materials, junk mail, spam, chain letters, direct sales advertisements or any other forms of solicitation;
  7. Publishing, sending or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to Trojan horses, worms, time bomb, cancelbots (hereafter referred to as “viruses”);
  8. Disrupting or interfering with the security of, or otherwise causing harm to, this Service or servers and networks connected to this Service, or violating any rules, protocols, policies or regulation related to the networks linked to this Service;
  9. Stalking, searching details of an individual or harassing others in any way;
  10. Violating, intentionally or unintentionally, any applicable local or national laws, and/or any regulations that have legal power;
  11. intercepting, tempering, collecting, storing or deleting other user’ personal information, site messages or other data without lawful authorization; or using these materials for any unlawful or improper purposes;

IV. You acknowledge that Linktour does not exercise overall control of its partners’ activities. When using any content of Linktour, including when you decide to rely on the correctness, completeness or practicality of the aforementioned content, you agree to evaluate it by yourself and bear all risks associated with the use, rather than fully depend on Linktour. However, Linktour may deny or delete any content in violation of this term and/or unfriendly.

V. You acknowledge and agree that Linktour may access and/or disclose certain information if required to do so by law or in the good faith belief that such action is necessary:

  1. to conform to the edicts of the law or comply with legal process;
  2. to execute this Agreement;
  3. to respond to assertion of rights of any third party;
  4. to protect the lawful rights, financial and personal safety of Linktour, its partners and end users;
  5. under other circumstances deemed necessary by Linktour;

VI. Special Warning for Overseas Use

You understand the statelessness of Internet and agree to comply with all local laws and regulations governing online activity and content. You agree to comply with the laws and regulations in People’s Republic of China and/or your country or area applicable to the transmission of outgoing information.

VII. Indemnity

You agree to indemnify and hold Linktour, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content you provide, publish or transmit via this Service, your link to this Service, your violation of the Terms of Use, or your violation of rights of any third party.

VIII. Changes to Linktour Service

Linktour reserves the right to revise or terminate the Service (or any part of it) temporarily or permanently at any time, with or without prior notice. You agree that for any revision, suspension or termination of this Service, Linktour shall assume no responsibility to you or any other third party.

IX. Termination of the Service

You agree that Linktour may terminate the use of your account or the Service (or any part or parts of it), delete your profile and any content or information that you have posted within the Service, for any reason (including but not limited to lack of use), at any time in its sole discretion, including without limitation if we believe that your activity violate the text and spirit of these Terms of Service. You agree that Linktour may suspend or terminate any services as defined by these Terms of Service without prior notice. You acknowledge and agree that Linktour may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. In addition, you agree that Linktour has no responsibility to you or any third party, when the Service of Linktour is suspended or terminated, or when your account is deactivated and all related information and files in your account are deleted.

X.Exclusive Rights of Linktour

You acknowledge and agree that Linktour and all related software (hereafter referred to as “the Software”) contain confidential information protected by intellectual property and other related laws. You also acknowledge and agree that information presented to you by Linktour is protected by copyright, trademarks, service marks, patents and/or other proprietary rights, including under other related copyright laws. Without explicit authorization of Linktour, you may not modify, rent, lease, resell for profit, distribute or create derivative works based upon the Software, in whole or in part. It is also forbidden to use a modified version of the Software, particularly but not exclusively in order to obtain unauthorized access to the Service. Linktour grants you a personal, non-transferable, non-exclusive privilege to enter and use the Service and the Software on a stand-alone computer, but you may not (and may not permit any third party to) copy, modify, create derivative works of, reverse engineer, reverse assemble, or use any other means to discover the source code of the Software or any component of the Software, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree to access the Service via the interface provided by Linktour rather than any alternatives.

XI. Disclaimer of Warranties

You expressly understand and agree that:

  1. Your use of the Service is at your sole risk. Linktour makes no warranty, either express or implied, that any information, material or service provided through Linktour is merchantable or that such information, material or service will fulfill any of your particular purposes or needs, or that such information, material or service does not infringe on any third party rights;
  2. Linktour makes no warranty that:
    • the Service will meet your requirements;
    • the Service will be uninterrupted, timely, secure, or error-free;
    • results that may be obtained from the use of the Service, will be accurate or reliable;
    • the quality of any products, services, information, or other items displayed, purchased or obtained by you through or in connection with the service ("the products") will meet your expectations.
  3. Any information or advice you obtain from Linktour, both in written and orally, shall not constitute a warranty outside these Terms of Service, unless otherwise defined herein.

XII. Limitation on Liability

You expressly understand and agree that Linktour shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:

  1. the use or the inability to use Linktour services;
  2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
  3. unauthorized access to or alteration of your transmissions or data;
  4. declarations and acts by any third party in this Service;
  5. other matters relating to Linktour services, with the exception of the provisions expressly laid down in these Terms of Service;
  6. fraudulent information post or delivered in any manner or tricking users into economic loss; Linktour takes no responsibility whatsoever.

XIII. Trademark

Linktour and other Linktour registered trademarks, service marks, products or trade names all belong to Shanghai Kubang Network Technology Co., Ltd. You agree not to display, use or otherwise engage Linktour trademarks and trade dress, or declare that you have the right to display, use or otherwise engage Linktour trademarks and trade dress, in whole or in part, without the prior written permission of Linktour.

XIV. Exclusive Rights of User

Linktour respects the intellectual property of others, and asks users to do the same. It is Linktour’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Linktour and/or others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Linktour immediately and provide concrete evidence. Alternatively, you may access the website of National Copyright Administration of the People’s Republic of China for further information.

XV. General Terms

  1. These Terms of Service, Privacy Policy and Disclaimer are intended to regulate the use of the Service. When you access related service or any third party branded content or software or otherwise, you shall also comply with additional service terms and conditions of use and privacy policy;
  2. These Terms of Service, as well as your relationship with Linktour, are governed by the laws of People’s Republic of China. Any dispute or difference arising out of or concerning the Service, these Terms of Use or other related issues shall be settled amicably first. If no agreement can be reached, any party shall bring cases before the local court of Shanghai Kubang Network Technology Co., Ltd;
  3. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition;
  4. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect;
  5. The headings in these Terms of Service are for convenience only without any legal or contractual effect;
  6. Linktour reserves the final explanation right of these Terms of Service.

INTELLECTUAL PROPERTY

The Content uploaded to Linktour directly belongs to its verified partners. All partners must own or own by authorization the intellectual property rights of the Content, including but not limited to text, images, graphics, forms, animations, videos, individually or combined. No entity is allowed to use these materials without written permission from the intellectual property right owner. No part or parts of the Content may be reproduced, distributed, displayed, transferred or hyperlinked in any manner. Otherwise, Linktour has the right to terminate the partnership and hold the violator accountable under law.

DISCLAIMER

REMINDER FROM LINKTOUR: Before using Linktour services, please make sure you read carefully and fully understand the Disclaimer. You can choose to stop using Linktour services at your own will. Your use of this site indicates your acceptance of all terms in this Disclaimer.

  1. Linktour is a leading provider of technology solutions specialized in travel industry. We offer a complete set of internet solution including: Internal Management System, Central Database, Financial Data Center, B2C&B2B Options (Website, Wechat and APP) and API Connection Service. Linktour provides technical support, training, managing, upgrading, related customer service support, rather than tourist products or service. Linktour will not involve in the transaction.
  2. All of Linktour partners are verified. However, Linktour has no obligation to audit the quality, safety or legitimacy of transaction-related tourist products and services, the truth or accuracy of the information of tourist products and services, as well as the capacity of compliance of parties involved in the transaction. You will evaluate, and bear all risks associated with the use of the services and/or information, including any reliance on the accuracy, legitimacy and validity of such data, unless otherwise specified by Linktour.
  3. You understand and agree that, by purchasing tourist products and service through Linktour, you should comply with the obligations and enjoy the rights according to the instructions, regulations or policies. Such instructions, regulations and policies, together with these Terms of Service, constitute the entire agreement between you and Linktour, thus must be abided by you.
  4. You understand and agree that, during payment process, you will be fully responsible for the failure of payment and confirmation of certain product or service caused by disconnection of the internet, false feedback information from the bank or other non-Linktour reasons. Linktour takes no responsibility.
  5. You fully understand that any graphics, images or personal statements published by suppliers represent the personal views, concepts and ideas of content provider alone and do not represent the views and opinions of Linktour. You shall evaluate by yourself and bear all risks associated with the possible unpleasant or inappropriate content while accessing to the Service. Linktour takes no responsibility.
  6. You shall save or back up your materials such as text, images etc. You understand and agree that to bear the risks that the information or data stored online might be deleted, damaged, demolished or irreparable due to reasons such as limited storage equipment of Linktour, equipment malfunction, equipment upgrading or equipment getting attacked or other man-made causes. Linktour takes no responsibility.
  7. Linktour shall not be liable for any delay or failure to provide the service if and to the extent such delay or failure is due to circumstances beyond the reasonable prediction or control, including but not limited to regular maintenance of internet communication equipment, internet connection failure, computer/communication or other system malfunction, hacker, computer viruses, power failure, strikes, lockouts or other concerted acts of workmen, uprisings, riots, shortages of materials, fires, floods, tempests, explosions, acts of God, declared and undeclared wars or any government act, omission, regulation, license, order or any other third party reasons; however shall do its best to minimize the loss or influence you may suffer.
  8. Any individual or entity that believes that the content on Linktour might infringe their legitimate rights shall send a written notice of infringement and provide identity documents, proof of ownership and detailed infringement description to Linktour as soon as possible. Linktour will remove infringed materials after the legal documents are received and reviewed. Please refer to Statement of Rights for details.

PRIVACY POLICY

While disclosing relevant information, Linktour takes the protection of partners’ privacy seriously.

  1. Linktour automatically collects order information, transaction records and other identity-related information. We might keep certain user preference information (tourism-related) for the purpose of improving our understanding and service to partners and providing possible big data analysis. The data may help us to conduct research and develop market-friendly functions, content and services. In the meantime, the collected information might be used for the advertising and content you see.
  2. We may collect certain technical information from the device you use, and will be used to improve user experience, provide more convenient service. Such information includes: IP address, operating system version, browser version, display resolution, etc.
  3. Special Authorization:
    • Linktour subsidiaries and affiliates and trusted partners allow Linktour users to access their service under the Terms and Conditions, published rules, instructions and operation guidelines for the proper use of such services. In order to fulfill the functions indicated, you agree that Linktour may share your information and data such as register details, transaction/payment records and synchronized data to aforementioned subsidiaries and affiliates and trusted partners and they may use such data.
    • In order to ensure the safety of transaction, you agree to allow Linktour and its subsidiaries and affiliates to analyze user data and make results of such analyses commercially available.
    • While enjoying various services provided by Linktour, you may authorize and agree to allow Linktour to use email, SNS, mail to send you commercial information, including but not limited to news of Linktour’s latest partners or products and promotional information. If at any time you wish to "opt out" of receiving information from Linktour, please follow corresponding settings provided by Linktour to reject such information services.
  4. You acknowledge and agree to disclose certain relevant information of your company and information input into Linktour system according to Linktour request and rules. We hope our partner can safely use the services, therefore we promise to protect your information from unauthorized disclosure by setting up security procedures to ensure your information will not be accessed without authorization or be stolen. All personal information are encrypted and stored inside firewalls. We also work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) data encryption to ensure that no one may steal your information as it is transmitted over the internet.