Effective August 1, 2023

 

At Dengtai Network, our mission is to empower the performing arts industry by creating seamless connections and providing abundant professional opportunities. We strive to be the global platform that connects artists, organizations, and educational institutions from all corners of the world, fostering a vibrant community of collaboration, innovation, and growth within the performing arts community.

1. Contract & Acceptance

We encourage you to carefully review these Terms of Service (the “Terms”) before using Dengtai Network services. By using Dengtai Network (the “Site” or “Website”) or accessing any of our services, you agree to be bound by all the terms and conditions outlined in this User Agreement. Your usage of Dengtai Network is also governed by our Privacy Policies, which detail how we collect, use, share, and store your personal information.

By clicking “Join Now,” “Sign In,” “Sign Up,” or any similar buttons, registering, accessing, or using Dengtai Network, you are indicating your agreement to enter into a legally binding contract with us, whether on behalf of a company or as an individual user. The term “you” refers to all visitors and users of the Site. If you do not agree with the terms and conditions of this Contract, refrain from clicking “Join Now” (or similar buttons) and do not access or use Dengtai Network. If you wish to terminate this Contract at any time, you can do so by closing your account and no longer accessing or using Dengtai Network.

1.1. Dengtai Network Services

This Contract governs all Dengtai Network-related sites, apps, communications, and other services that are explicitly offered under this Contract, including offsite data collection for Dengtai Network services. Users who have registered on Dengtai Network are referred to as “Members,” while unregistered users are termed “Visitors.”

1.2. Contracting Entity

By entering into this Contract, you are engaging with Shanghai Yizhi Dengtai Culture Communication Co. Ltd. (“we” and “us”) as the contracting entity. This Contract applies to both Members and Visitors.

As a Visitor or Member of Dengtai Network services, the collection, use, and sharing of your personal information are subject to our Privacy Policy and any updates made to it.

1.3. Affiliates

Affiliates refer to companies that are under common control with us, including those controlling us or those that we control. Our relationship with Affiliates is governed by this Contract and its terms and conditions.

1.4. Venue

Dengtai Network provides a platform for companies and individuals engaged in the performing arts industry to publish their profiles, resumes, portfolios, listings, and reviews. Our site serves as a neutral venue, and we hereby disclaim all liability arising from users’ listings, interactions, and transactions. We do not endorse any specific site user, nor do we guarantee that any user will fulfill their obligations satisfactorily.

1.5. Third Party Content

A significant portion of the Site’s content, including listings, resumes, reviews, etc., is provided by third parties. Additionally, we utilize third-party services to support our Site. These third-party entities are not owned or controlled by us, and we assume no responsibility for their content, privacy policies, or practices. Moreover, we are unable to censor or edit the content of any third-party website. You acknowledge that we shall not be held liable for any claims, demands, and damages of any kind arising from or related to the use of any third-party network or content.

 

We cannot guarantee the availability or performance of any third-party services used to support the Site, and such services may undergo changes without prior notice to us. Therefore, we shall not be responsible for any outages, version changes, delivery delays, failures, bugs, or termination of third-party network services. Each third-party network has its own terms of use, and you must comply with any terms provided by such networks.

1.6. Change

We reserve the right to make changes to this Contract. We may modify this Contract or Privacy Policy from time to time. If there are significant changes to the terms of this Contract, we will provide you with notice through Dengtai Network or other means, giving you the opportunity to review the changes before they become effective. It is important to note that changes will not be applied retroactively. If you disagree with any changes, you have the option to close your account. By continuing to use Dengtai Network after we publish or send a notice about changes to these terms, you are indicating your consent to the updated terms as of their effective date.

2. Obligations

2.1. Service Eligibility

Here are some promises that you make to us in this Contract:

  • You are eligible to enter into this Contract and you are at least the “Minimum Age”. The Dengtai Network is not for use by anyone under the age of 18.
  • To use the Dengtai Network, you agree that:
  1. you must be the “Minimum Age” (18 years old) or older;
  2. you will only have one Dengtai Network account, which must be in your real name; and
  3. you are not already restricted by us from using the Dengtai Network.
  • Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
  • You will only use the Dengtai Network for legal purposes, and you will remain responsible for complying with all laws and regulations applicable to your use of the Dengtai Network.
  • You will only post truthful listings and reviews.

  • You will not post illegal job advertisements. Recruitment listings can only be posted by direct employers or licensed recruitment agencies.

  • It is your sole responsibility to ensure that the service providers or the employers are licensed, certified, insured, bonded to the extent that your assignments require.
  • You will not submit unsolicited bulk or commercial messages (“spam”) to our Site, other users, or anyone else. Any unsolicited message must also not direct the recipient to any third-party site or another resource.
  • You will not access our Site to gain a competitive advantage.

2.2. Your Account

  • You will keep your password a secret.
  • You will not create duplicate accounts, and you will not share an account with anyone else and will follow our rules and the law.
  • Members are account holders. You agree to:
  1. use a strong password and keep it confidential;
  2. not transfer any part of your account (e.g., connections) to others; and
  3. follow the law and our list of Dos and Don’ts and Professional Community Policies where they apply to the Dengtai Network.
  • You are responsible for anything that happens through your account unless you close it or report misuse.

2.3. Notices and Messages

  • You agree that we may send notices and messages to you through our websites, apps, and contact information. If your contact information is not up to date, you may miss important notices.
  • We will provide notices and messages to you in the following ways:
  1. within the Dengtai Network, or
  2. sent to the contact information you provided us (e.g., email, mobile number, physical address).
  • It is your responsibility to keep your contact information up to date.
  • You can review your settings to control and limit the messages you receive from us.

2.4. Sharing

  • When you share information on Dengtai Network, others can see, copy, and use that information.
  • Dengtai Network allows messaging and sharing of information in various ways, such as through your profile, listings, and messages. The information and content you share may be viewed by other Members, Visitors, or others (both on and off of the Dengtai Network).
  • If we have made this feature and settings available, we will respect the choices you make regarding who can see your content or information.
  • We are not obligated to publish any information or content on Dengtai Network and may remove it with or without notice.
  • Our Site content may not be copied for republication, either online or in print, without our prior express written permission.

3. Rights and Limits

3.1. Your License to Us

You own all of the content, feedback, profile, and other personal information you provide to us, but you also grant us a non-exclusive license to use it.

 

As between you and us, you retain ownership of the content and information that you submit to Dengtai Network, and you grant us and our Affiliates the following non-exclusive license:

 

A worldwide, transferable, and sublicensable right to use, copy, modify, distribute, publish, and process the information and content you provide through Dengtai Network and the services of others, without any further consent, notice, and/or compensation to you or others. These rights are subject to the following limitations:

  1. You may end this license for specific content and information by deleting such content and information from Dengtai Network or closing your account, except (a) to the extent you have shared it with others as part of Dengtai Network, and they have copied, re-shared, or stored it, and (b) for the reasonable time it takes to remove it from backup and other systems.
  2. We will not include your content and information in advertisements for the products and services of third parties to others without your separate consent. However, we have the right, without payment to you or others, to display ads near your content and information, subject to the Privacy Policy. If you use a Dengtai Network feature, we may mention it with your name or photo to promote that feature within Dengtai Network, subject to your settings.
  3. We will obtain your consent if we want to give others the right to publish your content and information beyond Dengtai Network.
  4. While we may edit and make formatting changes to your content and information (such as translating or transcribing it, modifying the size, layout, or file type, or removing metadata), we will not modify the meaning of your expression.

You and we agree that if content and information includes personal information, it is subject to Dengtai Network’s Privacy Policy.

 

You and we agree that we may access, store, process, and use any information and personal information that you provide in accordance with the terms of the Dengtai Network’s Privacy Policy and your choices (including settings).

 

By submitting suggestions or other feedback regarding Dengtai Network to us, you agree that we can use and share (but do not have to) such feedback for any purpose without compensation to you.

 

You promise to only provide information and content that you have the right to share, and that your Dengtai Network profile will be truthful.

 

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. We may be required by law to remove certain or all content and information you share with the Dengtai Network.

3.2. Service Availability

We may change or end any of Dengtai Network’s services prospectively.

 

We may change, suspend, or discontinue any of Dengtai Network’s services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

 

We don’t promise to store or keep showing any information and content that you’ve shared. Dengtai Network is not a storage service. You agree that we have no obligation to store, maintain, or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3. Other Sites and Apps

Your use of others’ content and information shared on Dengtai Network is at your own risk.

 

Others may offer their own products and services through Dengtai Network, and we are not responsible for those third-party activities.

 

By using the Dengtai Network, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of Dengtai Network, and you agree that we are not responsible for any such misuse.

 

We may help connect Members offering their services (career coaching, etc.) with Members seeking services. We do not perform nor employ individuals to perform these services. You must be at least 18 years of age to offer, perform, or procure these services. You acknowledge that we do not supervise, direct, control, or monitor Members in the performance of these services and agree that (1) we are not responsible for the offering, performance, or procurement of these services, (2) we do not endorse any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between us and any Member offering services. If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with the applicable requirements of Professional Community Policies.

 

Similarly, we may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) we are not responsible for the conduct of any of the Members or other attendees at such events, (2) we do not endorse any particular event listed on Dengtai Network, (3) we do not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.

3.4. Limits

  • We have the right to limit how you connect and interact on Dengtai Network.
  • We reserve the right to limit your use of Dengtai Network, including the number of your connections and your ability to contact other Members.
  • We reserve the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing Dengtai Network (e.g., violating any of the Dos and Don’ts or applicable requirements of Professional Community Policies).
  • We reserve the right to refuse your access to Dengtai Network’s services any time for any reason or no reason without notice, explanation or liability of any kind.

3.5. Intellectual Property Rights

We’re providing you notice about our intellectual property rights.

 

We reserve all of our intellectual property rights in Dengtai Network. Registered and unregistered trademarks, logos, designs, information and images used in connection with Dengtai Network (the “Intellectual Property”) belong to us and our content suppliers.

 

The Intellectual Property is protected by international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.

3.6. Copyright Infringement Claims

  • Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights.
  • You agree that you will not use our Site to infringe anyone’s intellectual property rights.
  • We will investigate copyright infringement claims if they are reported to us at admin@dengtai.info.

3.7. Automated Processing

We use data and information about you to make relevant suggestions to you and others. We use the information and data that you provide and that we have about Members to make recommendations for connections and features that may be useful to you. For example, we use data and information about you to recommend listings to you and your portfolio to other members. Keeping your profile accurate and up to date helps us make these recommendations more accurate and relevant.

4. Disclaimer and Limit of Liability

4.1. No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of Dengtai Network Services.

 

We and our affiliates make no representation or warranty about the Dengtai Network services, including any representation that the Dengtai Network will be uninterrupted or error-free, and provide the Dengtai Network services (including content and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, we and our affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability, or fitness for a particular purpose.

4.2. Exclusion of Liability

These are the limits of legal liability we may have to you.

 

To the fullest extent permitted by law (and unless we have entered into a separate written agreement that overrides this contract), we, including our affiliates, will not be liable in connection with this contract for lost profits or lost business opportunities, reputation (e.g., offensive or defamatory statements), loss of data (e.g., downtime or loss, use of, or changes to, your information or content), or any indirect, incidental, consequential, special, or punitive damages.

 

We and our affiliates will not be liable to you in connection with this contract for any amount that exceeds the total fees paid or payable by you to us for the Dengtai Network’s services during the term of this contract, if any.

4.5. Basis of the Bargain

The limitations of liability in this Section 4 are part of the basis of the bargain between you and us and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and law) even if we or our Affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

4.6. Indemnification

You agree to defend, indemnify, and hold harmless our company, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • Your use of and access to the Site;
  • Your violation of any provision of these Terms;
  • Your violation of any third party right, including without limitation any copyright, property, or privacy right;
  • Any claim that one of your user submissions caused damage to a third party.

5. Termination

You can close your account using Dashboard.

 

We can each end this Contract, but some rights and obligations survive.

 

Both you and we may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Dengtai Network. The following shall survive termination:

 

  • Our rights to use and disclose your feedback;
  • Members and/or Visitors’ rights to further re-share content and information you shared through the Dengtai Network;
  • Sections 4, 6, 7, and 8.2 of this Contract;
  • Any amounts owed by either party prior to termination remain owed after termination.

6. Governing Law and Dispute Resolution

In the unlikely event we end up in a legal dispute relating to this Contract and/or the Dengtai Network services, you and we agree to resolve it in Shanghai courts with proper jurisdiction using the laws of the People’s Republic of China.

 

This section shall not deprive you of any mandatory consumer protections under the law.

 

You and we agree that the laws of the People’s Republic of China, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Dengtai Network’s services. You and we both agree that all claims and disputes can be litigated only in the courts with proper jurisdiction in Shanghai, P.R. China, and you and we each agree to personal jurisdiction in those courts.

7. General Terms

Here are some important details about the Contract.

 

Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of Dengtai Network (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use Dengtai Network.

 

Relationship of the Parties. You and us are independent contractors to each other. There is no joint venture, partnership, or employment relationship between us and any Dengtai Network user.

 

Assignment. We may transfer, assign or subcontract the rights, interests, or obligations under these Terms, at our sole discretion, without obtaining your consent.

 

Hyperlinks. You may link to Dengtai Network, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link, and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.

 

Severability. Should any part of these Terms of Service be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Service should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

 

No Waiver. Enforcement of these Terms of Service is solely in our discretion, and failure to enforce the Terms of Service in some instances does not constitute a waiver of our right to enforce them in other instances.

 

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

 

This Contract (including additional terms that may be provided by us when you engage with a feature of the Dengtai Network) is the only agreement between us regarding the Dengtai Network and supersedes all prior agreements for the Dengtai Network’s services.

 

If we don’t act to enforce a breach of this Contract, that does not mean that we have waived our right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Dengtai Network) to anyone without our consent. However, you agree that we may assign this Contract to our Affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

 

You agree that the only way to provide us legal notice is at the addresses provided in Section 11.

8. "Dos and Don'ts"

Dengtai Network is a community of professionals. This list of “Dos and Don’ts” along with Professional Community Policies limits what you can and cannot do on Dengtai Network.

8.1. Dos:

You agree that you will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
  2. Provide accurate information to us and keep it updated.
  3. Post truthful listings and reviews.
  4. Use your real name on your profile.
  5. Use the Dengtai Network in a professional manner.

8.2. Don'ts:

You agree that you will not:

  1. Create a false identity on Dengtai Network, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account.
  2. Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Dengtai Network or otherwise copy profiles and other data from the Dengtai Network.
  3. Override any security feature or bypass or circumvent any access controls or use limits of the Dengtai Network (such as caps on keyword searches or profile views).
  4. Copy, use, disclose or distribute any information obtained from the Dengtai Network, whether directly or through third parties (such as search engines), without the consent of us.
  5. Disclose information that you do not have the consent to disclose (such as confidential information of others, including your employer).
  6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the information and content of others without their permission.
  7. Violate our intellectual property or other rights, including, without limitation, (I) copying or distributing our learning videos or other materials or (II) copying or distributing our technology, unless it is released under open source licenses; (III) using the word “Dengtai”, “Dengtai Network”, “Dengtai Artists” or our logos in any business name, email, or URL except agreed by us;
  8. Post anything that contains software viruses, worms, or any other harmful code;
  9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Dengtai Network or any related technology that is not open source;
  10. Imply or state that you are affiliated with or endorsed by us without our express consent (e.g., representing yourself as an accredited Dengtai Network trainer);
  11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Dengtai Network or related data or access to the same, without our consent;
  12. Deep-link to Dengtai Network for any purpose other than to promote your profile on Dengtai Network, without our consent;
  13. Use bots or other automated methods to access the Dengtai Network, add or download contacts, send or redirect messages;
  14. Monitor the Dengtai Network’ availability, performance or functionality for any competitive purpose;
  15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Dengtai Network;
  16. Overlay or otherwise modify the Dengtai Network or their appearance (such as by inserting elements into the Dengtai Network or removing, covering, or obscuring an advertisement included on the Dengtai Network);
  17. Interfere with the operation of, or place an unreasonable load on, the Dengtai Network (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  18. Violate the applicable requirements of Professional Community Policies or any additional terms concerning a specific Dengtai Network’s services that are provided when you sign up for or start using such Dengtai Network’s services.

9. Remedies for breach of these terms

We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Service, infringes any intellectual property right, privacy right, or confidentiality principles, threatens anybody’s personal safety, or uses offensive language. We may:

  • Disclose the user’s identity to law enforcement agencies or any third party claiming violation of their intellectual property or privacy right.
  • Block the user’s IP address and notify the user’s Internet Service Provider.
  • Suspend or terminate any account on our Dengtai Network.
  • Moderate any content submitted to us.
  • Take any other action provided for in these Terms of Service or available under equity or law.

Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

10. Intellectual Property Complaints Regarding Content and Information

Contact information for complaints about content and information provided by our Members

We respect the intellectual property rights of others. We require that information and content shared by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. For complaints concerning information shared by our Members, you may contact us by sending your written complaints to our office address provided in Section 11 and contain:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest and proof of the authorized person’s identification.
  • A description of the copyrighted work that you claim has been infringed.
  • A description specifying the location on our Dengtai Network of the material that you claim is infringing.
  • Your email address and your mailing address and/or telephone number.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

11. How to Contact Us

Our Contact information

For general inquiries, you may contact us via admin@dengtai.info.

 

For legal notices or service of process, you may write to us at the following address:

 

Shanghai Yizhi Dengtai Culture Communication Co. Ltd

5th floor, Building 11, No. 6055 Jinhai Road, Fengxian District, Shanghai, China