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  1. USER AGREEMENT
  2.  
  3. General
  4. You are entering this User Agreement (this “Agreement”) with OFO US Limited (“we,” “us,” or “ofo”) regarding your use of our ofo Shared Bicycle services (the “Services”) on the website we maintain (http://www.ofo.so/), or on our customer applications, on personal computers, or on mobile devices using operating systems such as IOS, Android, or Windows (collectively, the “Platform”).
  5.  
  6. Your use of the Services is also subject to our Privacy Policy, which is located on our website. We reserve the right to modify the terms of this Agreement at any time, with such changes becoming effective when we post the modified terms to our website. We also reserve the right to make any changes to our website and Services in any manner and to deny or revoke your access to our website and Services, even if you are a registered user, in our sole discretion.
  7.  
  8. Each time you use our website or the Services, the then-current version of the terms will apply. If you use our website or the Services after a modification of these terms, you agree to be bound by the terms as modified.
  9.  
  10. This Agreement contains important information regarding your rights with respect to the Site and the Services, including your relationship with us, and include an arbitration provision that may limit your ability to pursue claims against us in court. Please read them carefully and review them regularly.
  11.  
  12. When you use the specific services of the Platform, you may need to read and accept the relevant supplementary terms and other related special rules posted on our website, applications or other interface of the Platform. In the event of any conflict between these supplementary terms, special rules and this Agreement, the relevant supplemental terms and special rules applicable to specific services shall prevail when specific services are used.
  13.  
  14. 1.USER QUALIFICATION
  15. If you are under 18 years old, you may not use the Services. You represent that any information you submit to us when using the Services is accurate, complete, and current. You also represent that your use of the Services does not violate any applicable law or regulation.
  16.  
  17. 2.USER REGISTRATION
  18. 2.1 You shall register with the Platform through mobile phone verification or other procedure to become a registered user on the Platform. You acknowledge and agree that the information you provide during the user registration process is accurate and complete and you shall promptly update us with any changes to the information. If we are not able to reach you using the most recent contact information on file, you shall be liable for all the losses and adverse consequences caused to yourself, others and us.
  19.  
  20. 2.2 The user account you create following the user registration process shall only belong to you. You shall not transfer your user account, nor permit or assist others to use our services through your user account, except for those individuals or businesses that have been expressly authorized by us to create accounts on behalf of their employers or customers.
  21.  
  22. 2.3 After successfully completing the user registration process, You may start using our Services through the Platform in accordance with this Agreement.
  23.  
  24. 2.4 We may reject or revoke a user registration for any or no reason to the extent permitted by law. A declined user may re-register or lodge a complaint to re-register.
  25.  
  26. 3.ACCOUNT SAFETY STANDARDS
  27. 3.1 Your account shall be set up and maintained by you, and we will not actively require you to provide your account information at any time. You will be solely and independently responsible for your account security. Please ensure that you log out at the end of each Internet session and leave the Platform following the correct steps. If you disclose your account information or your account is hacked or becomes a target of fraud by others, you will be solely responsible for any losses and consequences of such acts.
  28.  
  29. 3.2 Except for our gross negligence and intentional misconduct, you shall be responsible for all the actions and results under your account (including, but not limited to, using the ofo Bicycles, returning the ofo Bicycles, releasing information, disclosing information, opening your address book) whether the actions and results have caused any damage to yourself or a third party.
  30.  
  31. 3.3 We encourage you to notify the Platform immediately once you become aware of any unauthorized use of your account to log in to the Platform or other situations that may cause theft or loss of your account. Upon notice of unauthorized use, we will temporarily lock your account, but you acknowledge that doing so take a reasonable time and it will not be immediately. Except for our gross negligence and intentional misconduct, we will not be responsible for any consequence that happened before we take action.
  32.  
  33. 3.4 Your account only belongs to you and not any other person. You agree: (1) to safe-keep your account properly; (2) to keep the login verification code safe and confidential; (3) not to transfer any part of your account (e.g., address book); and (4) to comply with all applicable laws and the terms and conditions in this Agreement. You shall be responsible for all actions and transactions made through your account unless you have closed it or reported any misuse of your account.
  34.  
  35. 3.5 We attach great importance to the protection of your personal information and information of other users. If you come into contact with any personal information or documents of any other user through your use of the Platform or communication with others, you shall keep such information confidential and will not in any way disclose such to any other party.
  36.  
  37. 4.OWNERSHIP/INTELLECTUAL PROPERTY
  38. 4.1 Your agreeing to this Agreement and becoming a user on the Platform only entitles you to the services on the Platform in accordance with this Agreement. There is no other authorization, cooperation or agency between you and the Platform or us.
  39.  
  40. 4.2 The name and logo of ofo are trademarks of ours and may not be duplicated, imitated or used in whole or in part without our advance written approval. In addition, you acknowledge and agree that all page titles, self-made graphics, button icons and scripts on the Platform are our service logos, trademarks, or trade tresses which you shall not or cause any third party to, duplicate, imitate or use in whole or in part.
  41.  
  42. 4.3 You acknowledge that the intellectual property rights pertaining to the Platform and relevant proprietary confidential information belong to us. You acknowledge that the intellectual property rights pertaining to any activity or information on the Platform belong to the suppliers of such activities or information. You acknowledge and agree that, without the express written authorization of the owners of such intellectual property rights, you may not modify, rent, let, sell, transmit or otherwise violate the above intellectual property rights (such as reverse engineering, decompiling).
  43.  
  44. 4.4 You are fully and solely responsible for all content, texts and images that you upload, post, transmit, share, provide or publicize on the Platform (“User Content”). You may not upload, post, transmit, share, provide or publicize any User Content on the Platform that you did not create or that you do not have permission to upload, post, transmit, provide or publicize. You represent that you have full ownership or other legal rights to any and all of your User Content. You agree to only provide User Content not in violation of any applicable law nor any third party’s rights (e.g., not in violation of any intellectual property protection law or in breach of any agreement). Otherwise you will solely responsible for related liabilities. At any time and from time to time, and without your consent, we may review the Platform and delete, remove, or restrict any access to or viewing of any User Content, in our sole discretion and without any notice or cause. When you upload, post, transmit, share, provide or publicize User Content on the Platform, you automatically authorize us to make such copies thereof as we may deem, in our sole discretion, necessary or appropriate. By uploading, posting, transmitting, sharing, providing or publicizing User Content on the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, sublicense, reformat, translate, excerpt, distribute, modify, prepare derivative works of, or incorporate into other works any User Content for any purpose (commercial, advertising, or otherwise).
  45.  
  46. 4.5 You agree that we may access, store and use any information that you provide so long as we comply with the terms of the Privacy Policy and your privacy settings. During the copyright protection period, you agree to grant us and our affiliates a royalty-free license to use such information by means that include storage, usage, duplication, revision, editing, publication, exhibition, translation and dissemination, or include such information in other works using mediums currently known or to be developed in the future. Such use license shall be global, nonexclusive, transferable and sub-licensable and permit the use without the consent of you or any other person or the need to notify you or any other person, so long as the following conditions are met:
  47.  
  48. (a) You may terminate your license by deleting certain content you have provided or closing your account on the Platform, unless it takes some time to remove the content from the backup system and other systems.
  49.  
  50. (b) We will not include your content in the advertisements of others’ products and services (including sponsored content) without your consent.
  51.  
  52. (c) We shall obtain your consent if we intend to grant others the right to release your content outside the Platform.
  53.  
  54. (d) We may edit your content and adjust its format (such as translating it, modifying the font, layout or file name or removing metadata), but we will not modify its meaning.
  55.  
  56. (e) As you have the ownership of your content and information while we only have a non-exclusive right to it, you may choose to provide it to others.
  57.  
  58. (f) With regard to any suggestion or other feedback about our services you submit, you agree that we may (but are not obliged to) use and share such feedback for any purpose without any compensation to you.
  59.  
  60. 5.OUR SERVICES
  61. 5.1 Use Bicycles on the Platform
  62.  
  63. (a) After registration, whenever you spot an ofo Bicycle, you may obtain the unlocking combination code for such bicycle through the Platform by entering its license plate number using the ofo app (the “ofo APP”) on your mobile device, which combination code will enable you to unlock the bicycle and start using it.
  64.  
  65. (b) Before you use an ofo Bicycle, you must carefully inspect it for any damage, including, but not limited to, handlebar flexibility, brake effectiveness, tire pressure, proper attachment of the seat and pedals, damages to the body or frame and other mechanical problem(s) or maintenance need.
  66.  
  67. (c) You may not ride an ofo Bicycle if you notice any mechanical or other problem or safety issue with it; and, in such case, you must promptly notify ofo of all problems and issues via the ofo App or using other means described in our contact information.
  68.  
  69. (d) If you insist on using an ofo Bicycle even though your inspection indicates or you should know that such bicycle is damaged, defective, or otherwise cannot work properly, you will be solely responsible, and we will not be responsible, for any damages or injuries to your body or property or the body or property of any third party.
  70.  
  71. (e) You should use the ofo Bicycle in a reasonable manner. You may not damage it or restrict others’ use, including, but not limited to, damaging, vandalizing, extinguishing or concealing the ofo Bicycle, installing personal locks or other conduct that prevents use of the bicycle by others. You must return the ofo Bicycle in the same condition in which it was rented. If the ofo Bicycle is returned damaged or in a state of disrepair, then you will be charged a fee that is equal to the cost of repair.
  72.  
  73. (f) You must obey all the local traffic rules when you use and ride the ofo Bicycle. You will be solely and completely responsible for any damages to us or any third party resulting from your violation of such rules. You acknowledge and agree that it is your sole responsibility to wear helmet and have necessary lights equipped and turned on as required by the law.
  74.  
  75. (g) After each use of an ofo Bicycle, you should click on the ofo App “Trip Completed” or equivalent button thereby terminating your use of the ofo Bicycle, ending the fee meter and paying the relevant fees. Please park the ofo Bicycle in a safe location where bicycle parking is permitted in accordance with the local traffic rules, for use by the next person. If there is any damage to the ofo Bicycle, confiscation or government fines resulting from your illegal parking of an ofo Bicycle, you will be held solely responsible.
  76.  
  77. (h) You understand and agree that, for the benefit of you and other users, you may only use an ofo Bicycle in the city where you find it. You agree that you will not move any ofo Bicycle outside such city in any way.
  78.  
  79. (i) The data generated by our computers is conclusive evidence of the period of your use of an ofo Bicycle. Your use of any ofo Bicycle is limited to a period of 24 consecutive hours. Any use that exceeds a period of 24 consecutive hours is deemed a disappearance of the ofo Bicycle, until the ofo Bicycle is checked back in. If the ofo Bicycle is not returned and checked in within a period of 24 consecutive hours, then the ofo Bicycle is deemed lost or stolen and your account may be charged a lost bike fee of up to $________, and a police report may be filed with local authorities. If an ofo Bicycle is lost or stolen while you are using it, you must report the disappearance by filing a formal police report with the local police department and also notify us within 24 hours following the disappearance.
  80.  
  81. (j) In addition to, and not intended to limit, any other restrictions in connection with your use of an ofo Bicycle, you may not:
  82.  
  83. (i) Ride an ofo Bicycle while carrying any briefcase, backpack, bag, or other item if it impedes your ability to safely operate the ofo Bicycle.
  84.  
  85. (ii) Use any cellular telephone, tablet, laptop, text messaging device, portable music player, or other device that may distract you from safely operating an ofo Bicycle.
  86.  
  87. (iii) Operate an ofo Bicycle while under the influence of any alcohol, drugs, medication, or other substance that may impair your ability to safely operate an ofo Bicycle.
  88.  
  89. (iv) Carry, tow, or otherwise transport a second person (including a child or pet) using an ofo Bicycle or in the basket.
  90.  
  91. (v) Violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for bicycle riders.
  92.  
  93. (vi) Modify, dismantle, write on, or otherwise alter or deface an ofo Bicycle or any part of an ofo Bicycle in any way, or use an ofo Bicycle for any advertising or similar commercial purpose.
  94.  
  95. (vii) Attach anything to an ofo Bicycle, including but not limited to baskets, cup-holders, electric drives, child seats, trailers or tandem bicycles.
  96.  
  97. (viii) Exceed the maximum weight limit for the ofo Bicycle (220 pounds).
  98.  
  99. (ix) Operate an ofo Bicycle in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, freezing rain, or electrical storms, which could make it more dangerous to an ofo Bicycle.
  100.  
  101. (x) Allow others to use an ofo Bicycle that you have checked out.
  102.  
  103. (k) In connection with your use of any ofo Bicycle and the Platform, you represent and warrant, as of each time immediately before using any ofo Bicycle that:
  104.  
  105. (i) you are a safe and competent bicycle operator, you are sufficiently fit and physically capable to safely ride a bicycle without any risk to your health, and (ii) you are knowledgeable about the operation of a bicycle, and you are knowledgeable about the laws pertaining to bicycles operated within the area in which you will be using the ofo Bicycle.
  106.  
  107. (ii) ofo is not responsible for providing or maintaining bicycle lanes or any other place where you may ride an ofo Bicycle, and that ofo does not guarantee that there will always be a safe place to ride an ofo Bicycle.
  108.  
  109. (iii) You acknowledge that roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards and you must not use an ofo Bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated bicycle routes.
  110.  
  111. (iv) ofo is not a common carrier and alternative means of public and private transportation are available to the general public and to you, including public buses and rail services, taxis, and pedestrian paths.
  112.  
  113. (v) ofo provides ofo Bicycle only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate an ofo Bicycle on their own and who have agreed to all terms and conditions of these Rules.
  114.  
  115. 6.OUR FEES.
  116. 6.1 For users who have not provided bicycles for sharing, we will charge you fees in accordance with our fee schedules. Each use of an ofo Bicycle starts when we send you the lock combination and terminates when you click “Trip Completed” or equivalent button on the ofo App.
  117.  
  118. (a) If you have received a coupon for ofo Bicycles, you may use the coupon in accordance with the user rules provided on such coupon.
  119.  
  120. (b) For your convenience, we provide you with several payment options as and when each becomes available in your region:
  121.  
  122. (i) You may link your credit card with your account on the ofo App to allow us to automatically deduct all amounts due to us hereunder from your credit card after your use.
  123.  
  124. (ii) You may also make a deposit into your account and replenish your account using bank cards, PayPal, WeChat, Alipay. Your account will be debited for your use of ofo Shared Bicycles. When there is insufficient balance on your account, you may use ofo Bicycles on credit for one time before you will be allowed to use the bicycles again only when your account is replenished.
  125.  
  126. (iii) Please note that you may not withdraw money from your account under any circumstances. There are no refunds of any amount in your account balance once deposited.
  127.  
  128. (c) If you dispute any charge on your credit or debit card by us or to your account, then you must contact us within 10 days of your receipt of your statement containing the disputed charge.
  129.  
  130. 7.Breach
  131. You acknowledge and agree that in order to protect the rights and interests of other users or the Platform, we may take the following actions without notifying you in advance if we determine, in our sole and absolute discretion, that you have violated any of the terms of this Agreement:
  132.  
  133. 7.1 If your violation results in any loss, harm, expense, cost or diminution in value to us, we will deduct a corresponding amount from your account balance to compensate for such loss;
  134.  
  135. 7.2 We may blacklist you or bar you from using the Platform.
  136.  
  137. After any of the above actions is taken, we will text you a notification message. If you have any question regarding our handling of your violation, you may appeal to our customer service email at supportus@ofo.so.
  138.  
  139. 8.Limtations of Our Liability
  140. 8.1 We will only be responsible for damages to you resulting from any defect of an ofo Bicycle (except for where you have violated the terms of this Agreement).
  141.  
  142. 8.2 You acknowledge and agree that our liability to you shall be capped at any policy limit of such commercial insurance policy.
  143.  
  144. 8.3 In exchange for your being allowed to use any ofo Bicycle, you (acting for yourself and for all of your family, heirs, agents, affiliates, representatives, successors, and assigns) do fully and forever release and discharge ofo from all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred at or in preparation for trial, appeal, mediation, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the services discussed herein, including in connection with the Platform or use of any ofo Bicycle, or (b) your use of any of the foregoing (“Claims”) that you have or may have against ofo arising out of or in any way related to your use of the Platform or use of any ofo Bicycle. Such releases are intended to be general and complete releases AND WAIVERS of all Claims arising out of or in any way related to your use of the Platform or use of any ofo Bicycle.
  145.  
  146. 8.4 Without limitation of the foregoing general releases, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY APPLICABLE LAW, OFO IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THESE RULES, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, OFO BICYCLES, OR PLATFORM, (C) YOUR BREACH OF THESE RULES, OR YOUR VIOLATION OF ANY LAW, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY OFO, (E) YOUR FAILURE TO WEAR A BICYCLE HELMET OR OTHER PROTECTIVE GEAR OR CLOTHING WHILE USING AN OFO BICYCLE, OR THE FAILURE OF SUCH HELMET OR PROTECTIVE GEAR OR CLOTHING TO PREVENT DEATH OR INJURY, OR (F) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY. YOU RELEASE AND WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF OFO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
  147.  
  148. 8.5 YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, OFO BICYCLES, OR PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND WITH RESPECT TO YOUR USE OF ANY OF THE SERVICES, OFO BICYCLES, OR PLATFORM, OFO DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OF THE SERVICES, OFO BICYCLES, AND THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” (AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK). OFO DOES NOT REPRESENT OR WARRANT THAT ANY OF THE SERVICES, OFO BICYCLES, OR PLATFORM WILL BE IN GOOD REPAIR OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT DELAYS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES COULD EXIST WITH RESPECT TO ANY OF THE SERVICES, OFO BICYCLES, OR PLATFORM. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, OFO BICYCLES, OR PLATFORM, AND OFO IS NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING. YOU ASSUME FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO YOUR STOLEN OR LOST OFO BICYCLE.
  149.  
  150. 8.6 IF YOU ARE A CALIFORNIA RESIDENT, THEN YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, WE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.
  151.  
  152. 9.SHARE YOUR BICYCLES
  153. 9.1 Share your Bicycles on the Platform
  154.  
  155. (a) After you have completed your registration, you will become a user and share the bicycle you fully own with others through the Platform. When you are ready to share your bicycle, please contact supportus@ofo.so and our staff will contact you.
  156.  
  157. (b) We will perform a quality inspection of the bicycle you intend to share. If your bicycle passes the inspection, which is subject to our complete and absolute discretion, we may accept your bicycle and make it available for sharing with other users on the Platform. We may reject a bicycle for any or no reason. If your bicycle is accepted, you hereby authorize us to paint your bicycle with the standard colors of ofo bicycles and add a standardized license number and an ofo logo, to conform with the standard decorations on the shared bicycles (the “ofo Bicycles”) on the Platform.
  158.  
  159. (c) Once we accept your bicycle, you can use all the ofo Bicycles on the Platform for free for life so long as you obey this Agreement for ofo Bicycles and you comply with any other agreements entered into with ofo or in connection with the Platform, and all of the policies and procedures of the Platform.
  160.  
  161. (d) You acknowledge and agree that after we accept the bicycle you share, you will retain its full ownership, but you have given a perpetual right to use your bicycle for sharing with others through the Platform.
  162.  
  163. (e) You represent and warrant that:
  164.  
  165. (i) You are the sole legal and beneficial owner of the bicycle you share. You have its full ownership and full power to dispose of it in your sole discretion and it is free and clear of encumbrances of any kind (including any lien, mortgage, pledge, creditor’s rights or encumbrances in other forms).
  166.  
  167. (ii) The act of sharing your bicycle is a manifestation of your free will and does not violate or contradict any contract between you and any third party or any federal law or the law of the state where you reside, any approval/authorization/permit/license of the competent authorities in the United States or the state where you reside, or any court decision/judgment/order in the United State or the state where you reside.
  168.  
  169. (iii) Your shared bicycle complies with the applicable national, local and industry standards in the United States and does not have any potential safety problems or product defects except for ordinary wear and tear in the outside look. [Would our inspection cover this?]
  170.  
  171. (f) If you breach any of the foregoing, you will be solely responsible for any direct, indirect or potential loss or damage resulting from such breach suffered by us or any third party.
  172.  
  173. (g) You fully acknowledge that during the operation of the Platform, your ofo Bicycle may be damaged, broken, lost or stolen, which may reduce or extinguish the value of your ofo Bicycle. You hereby waive any right to seek any damage from us in the event of any of the aforementioned occurrences that reduces or extinguishes the value of your ofo Bicycle.
  174.  
  175. 10.INDEMNIFICATION
  176. 10.1 You agree, without limitation, to indemnify and hold ofo harmless from any death, injury, or damage to yourself, another person or persons, or property arising out of or in any way connected to your use of any ofo Bicycle, or the Platform.
  177.  
  178. 10.2 You agree to indemnify and hold us and our associated parties jointly providing services with us, including all operators, harmless from all liabilities, claims, losses, damages, expenses, costs (including attorneys' fees incurred at trial, on appeal, or otherwise), debts, fines, charges, or liens, whether direct or indirect, including consequential, exemplary, incidental, special, punitive, lost profits, or otherwise that arise out of or relate to (i) this Agreement, (ii) your use or inability to use the Platform, (iii) your use of any information on or from the Platform, (iv) any unauthorized access or alteration of your transmission or data in connection with the Platform, (v) any action or inaction by any other user of the Platform.
  179.  
  180. 10.3 If your conduct causes us to pay third parties' claims, we may claim from you for all the losses after we undertake monetary and other obligations to third parties.
  181.  
  182. 11.TERMINATION OF THE AGREEMENT
  183. 11.1 Termination Initiated by Users. You may terminate this Agreement in any of the following ways:
  184.  
  185. (a) you no longer continue using the services of the Platform;
  186.  
  187. (b) you cease use and expressly reject the Changes before the Changes become effective.
  188.  
  189. 11.2 Settlement after Termination
  190.  
  191. (a) Upon the termination of this Agreement, unless otherwise expressly stipulated by law, we shall have no obligation to disclose any information in your account to you or to any third party you designate.
  192.  
  193. (b) Upon the termination of this Agreement, we shall still have the following rights:
  194.  
  195. (i) to continue storing all the information you have left on the Platform;
  196.  
  197. (ii) to make claims against you in accordance with this Agreement for your prior breaches.
  198.  
  199. 12.COVENANTS AND PROHIBITIONS
  200. 12.1 Covenants. You shall ensure that your conduct is in compliance with the following requirements when you access or use our services:
  201.  
  202. (a) Compliance with all the applicable laws, including but not limited to tort law, privacy laws, intellectual property laws, tax laws and regulatory requirements;
  203.  
  204. (b) Provision of accurate information and updating them in a timely manner;
  205.  
  206. (c) Using your real name, identity and other personal information in the personal data file;
  207.  
  208. (d) Using our service in a civilized and professional manner.
  209.  
  210. 12.2 Prohibitions. You covenant that you will not use the Platform to conduct any illegal activity or any of the following acts:
  211.  
  212. (a) Using our applications or the Platform when you do not have the legal capacity or you are suspended from using our services temporarily or permanently;
  213.  
  214. (b) Transferring your account to any third party without our consent;
  215.  
  216. (c) Infringing others’ legal rights and interests in any way through the Platform, including collecting any other person’s login information or other personal information, using or attempting to use any other person’s account, harassing, insulting, threatening, coercing or hurting any other person, or sending any other person junk mails or other unwelcome messages or infringing any other persons’ intellectual property rights, etc.;
  217.  
  218. (d) Interfering or sabotaging the Platform, its server or its network, or to creating unreasonable or inappropriate load on our server or system by any means, or conducting any activity that may result in breakdown, overloading or damages (including spreading worms, viruses, spywares, malwares or other destructive codes) or implanting content or codes on user browsers or devices, or altering or disturbing the render effects or display of our website on the user browser or device by other means, or uploading viruses or other malicious codes;
  219.  
  220. (e) Without legal authorization, using techniques on purpose to intercept, tamper, steal, record, visit, collect, store, use, spread, disclose or delete information that you are not authorized to access from the Platform, such as other users’ personal information, content or data relating to competitive services (determined at our discretion) or other confidential information which does not belong to you;
  221.  
  222. (f) Committing any illegal, malicious, slanderous, insulting, pornographic, discriminative or other inappropriate act.
  223.  
  224. (g) Using inappropriate means to seek benefits, including providing in-kind gifts, consumption, entertainment or business opportunities to our employees and/or other related persons, or using any other means to seek illegal benefits;
  225.  
  226. (h) Without our permission, outputting, exporting or re-outputting any of our applications, programs or tools in a way violative of relevant applicable laws or policies or our regulations.
  227.  
  228. (i) Violating or evading any laws or any of our policies or rules or any decisions about your account status;
  229.  
  230. (j) Taking any action to evade our technical and security measures;
  231.  
  232. (k) Infringing our intellectual property rights or other rights, including but not limited to using ofo or our other commercial logos in any commercial name, email or website, deleting any notification contained in our services on copyrights, trademarks or other ownership, damaging any of our patents, copyrights, proprietary technology, programs, software or data base information that we possess or legally use, through copying, disseminating, publicizing, decoding, partitioning or producing derivatives etc.;
  233.  
  234. (l) Without our explicit consent, implying or stating that you are an affiliate of the Platform or have any agency relationships with it.
  235.  
  236. (m) Without our permission, renting, leasing, lending, borrowing, trading, selling or reselling our services or other relevant information or data, or monetizing or commercializing any of our service functions;
  237.  
  238. (n) Deleting, shielding or hiding any advertisement in our services;
  239.  
  240. (o) Using automatic programs or other automatic methods to visit our service, adding or downloading address books or sending or redirecting messages;
  241.  
  242. (p) Duplicating, modifying or creating derivatives of the Platform or any other relevant technologies (except otherwise authorized by us), or monitoring the usability, performance or functions of our services for competition purposes, or participating in establishing frame, making mirror images or other activities of imitating the appearance of our website or functions, or changing, modifying, re-editing or altering our services, or changing, modifying or altering other websites in order to create a wrong impression that such websites are related to our services.
  243.  
  244. (q) Visiting our services via web pages not expressly provided by us;
  245.  
  246. (r) Rewriting any security functions of our services or platform;
  247.  
  248. (s) Assisting or encouraging any violation of this Agreement or our policies;
  249.  
  250. (t) Any other conduct without legal authorization.
  251.  
  252. 12.3 Although we impose standards for conduct on our users, we do not control or regulate our users’ conduct on the Platform. Therefore we will not be responsible for any content or information disseminated or shared by the users on the Platform. If you believe that a user has violated the terms of this this Agreement or any of our policies, then please contact us. Although we try to maintain a safe environment, we are not responsible for the posts of any user and disclaim any liability for the conduct or content of any other user. If you, under any circumstance, and without our authorization, commit any prohibited act, or publicizing and disseminating any prohibited information, you will be solely responsible for all related liabilities and risks.
  253.  
  254. 13.ELECTRONIC SIGNATURES AND NOTICES
  255. 13.1 Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature.
  256.  
  257. 13.2 If you have a user account with us, you agree that we may provide you any and all required notices electronically through your user account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.
  258.  
  259. 14.GOVERNING LAW
  260. 14.1 These Terms are governed by California law, without giving effect to conflicts of law principles. You agree that, to the extent applicable and expressly subject to the Dispute Resolution provisions below, to submit to the exclusive jurisdiction of the state and federal courts located in California in circumstances where the terms of this Agreement permit litigation in court.
  261.  
  262. 15.DISPUTE RESOLUTION
  263. Please read this section carefully. It contains procedures for mandatory binding arbitration and a class action waiver.
  264.  
  265. 15.1 Notice Requirement and Informal Dispute Resolution. Before either we or you may seek arbitration, the party seeking arbitration must send the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and the requested relief. A Notice to us should be sent to 8th Floor, 2 Embarcadero Center, San Francisco, CA 94111. After the Notice is received, you and we may attempt to resolve the claim or dispute informally. If we do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
  266.  
  267. 15.2 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) shall be resolved through binding non-appearance-based arbitration. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in San Francisco, California, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
  268.  
  269. 15.3 Additional Rules for Non-Appearance Based Arbitration. The arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
  270.  
  271. 15.4 Time Limits. If either you or we pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
  272.  
  273. 15.5 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties involved, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
  274.  
  275. 15.6 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under these terms. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  276.  
  277. 15.7 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS SECTION 15 MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE PLATFORM USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PLATFORM USER.
  278.  
  279. 15.8 Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. You agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Section 15, to enforce an arbitration award, or to seek injunctive or equitable relief.
  280.  
  281. 15.9 Severability. If any part or parts of this Section 15 are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
  282.  
  283. 15.10 Right to Waive. Any or all of the rights and limitations set forth in this Section 15 may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Section 15.
  284.  
  285. 15.11 Survival of Agreement. This Section 15 will survive the termination of your relationship with us.
  286.  
  287. 15.12 Small Claims Court. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.
  288.  
  289. 15.13 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section 15.
  290.  
  291. 15.14 Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of our patent, copyright, trademark or trade secrets rights shall not be subject to this Section 15.
  292.  
  293. 16.FORCE MAJEURE
  294. We shall undertake basic security obligations in accordance with law, but will not be responsible for damages resulting from the maintenance of the information network equipment, connection failure, malfunction of the computer, communication or other system, power breakdown, strike, riot, fire, flood, windstorm, explosion, war, government actions, changes of laws, regulations, administrative provisions and other rules, orders of judicial or administrative authorities or acts or omissions of any third party.
  295.  
  296. 17.MISCELLANEOUS
  297. We may assign, transfer, delegate, or otherwise hypothecate our rights under the terms of this Agreement in our sole discretion. If we fail to enforce a provision of the terms of this Agreement, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of the terms of this Agreement is held or made invalid, the invalidity does not affect the remainder of the terms of this Agreement. We reserve all rights not expressly granted in the terms of this Agreement and disclaim all implied licenses.
  298.  
  299. OFO shared bicycle privacy policy
  300. Effective Date: February 17, 2017
  301. OFO US Limited (“ofo,” “we,” “us,” “our”) respects your right to privacy. This Privacy Policy describes how we collect, use, store, disclose and protect your personal information in relation to the ofo Bicycle Sharing Platform, including all related ofo websites and mobile applications, printed or electronic documentation, updates and support services (collectively, the “ofo Bicycle Sharing Services”). We urge you to read the terms of this Privacy Policy carefully and, when prompted within the ofo Bicycle Sharing Services, make selections involving your personal information that you deem appropriate based on the guidance of this Privacy Policy. Please note, if you do not provide certain information we request, all aspects of the ofo Bicycle Sharing Services may not be available to you or may not function properly.
  302.  
  303. 1.SCOPE AND CONSENT
  304. 1.1 By visiting, accessing or using the ofo Bicycle Sharing Services or registering for an account, you expressly consent to the collection, use, storage, transfer, processing and disclosure of your information, including personal information, in accordance with this Privacy Policy. If you do not agree to any term of this Privacy Policy, DO not access or usE the ofo Bicycle Sharing ServiceS or register for an account.
  305.  
  306. 1.2 We reserve the right to modify this Privacy Policy from time to time, in our sole discretion, upon notice to you. We may give notice by making the updated Privacy Policy available through the ofo Bicycle Sharing Services or by other reasonable means. The updated Privacy Policy is binding on you as of the effective date indicated at the top of the updated Privacy Policy. If you do not agree to the Privacy Policy or any update, please do not use the ofo Bicycle Sharing Services. Your continued use of the ofo Bicycle Sharing Services after the effective date of any update constitutes your acceptance of the updated Privacy Policy.
  307.  
  308. 1.3 You are responsible for ensuring we have an up-to-date active and deliverable email address and phone number for you and periodically visiting this Privacy Policy to check for any changes.
  309.  
  310. 2.INFORMATION COLLECTED
  311. We collect personal information (which is information that can identify you, such as, for example, your name or email address) in the following ways:
  312.  
  313. 2.1 Information You Provide
  314.  
  315. (a) When registering for an account or accessing or using the ofo Bicycle Sharing Services, including but not limited information about you such as your name, gender, date of birth, nationality, telephone number, email address, contact address, credit card numbers, bank account information, identity number/passport number and driver license number;
  316.  
  317. (b) When using the ofo Bicycle Sharing Services to share content with your families and friends or to invite others to use our services, including but not limited information about others that you invite or share content with;
  318.  
  319. (c) When you fill in the forms and questionnaires or when you answer other questions we provide to you;
  320.  
  321. (d) When you contact and communicate with us (e.g., by email, etc.), such as your name, email address and other contact information; and
  322.  
  323. (e) When we authenticate or identify you or the information we have collected or we are otherwise required or authorized to collect by applicable laws.
  324.  
  325. 2.2 Information We Collect Automatically
  326.  
  327. (a) Similar to other websites and services, we automatically collect information about your interaction with the ofo Bicycle Sharing Services such as your device type, device identity, unique identifier and IP address. For more information, please see “Information We Collect through Cookies, Web Beacons and Other Technologies” below;
  328.  
  329. (b) We collect contact information stored in your mobile phone’s (or other mobile device’s) address book and store and synchronize the same in our cloud server when you turn on the Address Book Access or other services related to your address book. You may turn off the Address Book Access to disable the collection of additional contact information in your address book.
  330.  
  331. (c) Location Information
  332.  
  333. (i) Certain aspects of the ofo Bicycle Sharing Services require us to obtain your location information, including GPS coordinates in real time (“Location Information”). For example, you may provide and we may collect Location Information, such as your region information contained in your account and the shared information showing your current or previous location uploaded by you or others. We may collect your Location Information through GPS, Wi-Fi and other means when you use the ofo Bicycle Sharing Services;
  334.  
  335. (ii) You may turn off the location feature to disable the further collection of your Location Information. However, please note that because your Location Information is vital to our knowledge of your safety and the condition of the shared bicycle you are using, if you disable collection of your Location Information, certain features of the ofo Bicycle Sharing Services may not be available to your or may not function properly.
  336.  
  337. 2.3 Information We Collect through Cookies, Web Beacons and Other Technologies
  338.  
  339. (a) Similar to other websites and services, we collect certain information automatically through various mechanisms. This collection may include, but is not limited to: your IP address, browser type and language, device type, device identifiers, other device and software information (such as configuration information on your device and other applications), apps you access, search and browsing information, web usage information, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages and the date and time of each request you make. We collect this information in order to better understand our users, to more efficiently operate our business, to promote products and services (including those by third parties) and to improve the quality of the ofo Bicycle Sharing Services. We may automatically collect information using various mechanisms, including, but not limited to, cookies and pixels.
  340.  
  341. (i) Cookies. A cookie is a small text file that is stored on a computer for record-keeping purposes. Our third-party analytics/advertising providers use cookies to record information about your activities while using the ofo Bicycle Sharing Services and to “remember” you when you return to the ofo Bicycle Sharing Services. Some cookies remain on your computer until you delete them. Others, like session ID cookies, expire when you close your browser. You may set your browser setting to attempt to reject cookies and you may still use the ofo Bicycle Sharing Services, however, certain features of the ofo Bicycle Sharing Services may not be available if your browser does not accept cookies. See the section titled “Do Not Track Settings” below for more information on how the ofo Bicycle Sharing Services may respond to your browser settings. We do not control the use of cookies by third parties. Please also see the section titled “Third Party Analytics Providers” below.
  342.  
  343. (ii) Pixels (aka web beacons). Pixels are tiny graphics with a unique identifier that are used to track the online movements of web users. Unlike cookies, which are stored on a computer’s hard drive, pixels are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on web pages or in HTML-based emails. Our third-party analytics/advertising providers may place pixels in the ofo Bicycle Sharing Services that track what other websites you visit (both before and after visiting the Site). Our third-party analytics providers use information obtained from pixels to help us improve our business and the ofo Bicycle Sharing Services. We do not control the use of pixels by third parties.
  344.  
  345. (b) Third Party Analytics Providers. We use third parties to help us operate and improve the ofo Bicycle Sharing Services. In doing so, we may share with these third parties non-personally identifiable information about users’ use of the ofo Bicycle Sharing Services. These third party providers also use cookies. We use third party analytics providers, such as Google Analytics, to provide us with general demographic and interest-level information about our users and to help create a better user experience. We may also make available to you third party content from other websites or applications, which may contain cookies and pixels. The collection and use of such information by these third parties are not bound by this Privacy Policy. We do not control information collected by third parties and we are not responsible for their use of that information.
  346.  
  347. (c) Google Analytics uses cookies and pixels in order to collect demographic and interest-level information and usage information from users that visit the ofo Bicycle Sharing Services, including, but not limited, to information about the pages where users enter and exit the ofo Bicycle Sharing Services and what pages users view on the ofo Bicycle Sharing Services, time spent, browser, operating system, device information and IP address. Cookies and pixels allow Google to recognize a user when a user visits the ofo Bicycle Sharing Services and when the user visits other websites. Google uses the information it collects from the ofo Bicycle Sharing Services and other websites to share with us and other website operators information about users including, but not limited to, age range, gender, geographic regions, general interests and details about devices used to visit websites and purchase items. We take reasonable measures to prevent linking information we receive from Google with any of your personally identifiable information. For more information regarding Google’s use of cookies and collection and use of information see the Google Privacy Policy. To opt out of Google Analytics, please visit the Google Analytics Opt-Out Page to learn about opting out and installing the appropriate browser add-on.
  348.  
  349. (d) You may share our services or certain content by clicking the “Share” button or logging in to the ofo Bicycle Sharing Services using the access service of third parties. These features may collect your log-in information and other personal information and may install cookies on your computer for the normal operation of the above features.
  350.  
  351. 2.4 Using Third-Party Services and Visiting Third-Party Websites. We may collect information when you use your account to log into other websites or to use the ofo Bicycle Sharing Services; when you browse web pages containing our plugins and cookies via third-party services; and when you use the websites and services of our partners.
  352.  
  353. 2.5 Payment Information; Third-Party Payment Processor. Online payments are handled through our third party payment processor. Our third party payment processor will collect and may retain your credit card information in order to process your payment. The credit card information that you provide is encrypted and transmitted directly to our payment processor. We do not store your credit card information and do not control and are not responsible for our payment processor or its collection or use of your information. You may find out more about how our payment processor stores and uses your credit card information by reviewing our payment processor’s Privacy Policy prior to submitting your payment information. Please also see the section titled “Affiliated Entities and Service Providers” below.
  354.  
  355. 2.6 Information Collected From Other Channels. We may collect information in other ways permitted by law or as otherwise described to you at the time of collection.
  356.  
  357. 3.INFORMATION USE AND RETENTION
  358. 3.1 We use your personal information for the following purposes:
  359.  
  360. (a) To Provide and Improve our Services
  361.  
  362. (i) To operate the ofo Bicycle Sharing Services and provide them to you, including but not limited use of push notifications to your device and making targeted responses to your personalized requests such as language settings, location settings, personalized help services, and instructions or to respond in other aspects to you and other users.
  363.  
  364. (ii) For identity authentication, customer service, safety precaution, fraud monitoring, archiving and backup to ensure the safety of the products and services provided by us to you through the ofo Bicycle Sharing Services.
  365.  
  366. (iii) To assist us in creating, developing, improving, and securing products, services, content and preventing the loss or leaking of data or information.
  367.  
  368. (iv) To communicate with you, including but not limited to sending you important notices, such as services-related information, modifications to terms, conditions and rules, system maintenance notices, software certifications and software upgrades.
  369.  
  370. (v) For internal purposes such as auditing, data analysis and research.
  371.  
  372. (vi) To aggregate or personalize the information collected through a particular service for use of the same in our other services in accordance with applicable laws and regulations, for example, the information collected when you use one of our services may be used to provide certain content to you in another service or to show you other related information. You may also authorize us to use the information provided and stored via one service for our other services if we provide such option in the relevant service.
  373.  
  374. (b) For Promotion, Advertising, and Marketing
  375.  
  376. (i) To promote and advertise products, services, and content (including those offered by us and third parties), including both offline and online (e.g., via email, telephone, text message, postal mail, and social networks such a WeChat, Weibo, Facebook, Instagram, Snapchat, Twitter and WhatsApp) and to evaluate the effect of advertising and promotional activities.
  377.  
  378. (ii) If you do not wish to receive advertisements or promotional information, you may opt out by following our instructions on any non-service related communications. Even if you opt out, you will continue to receive service-related communications from us.
  379.  
  380. (c) To Conduct Polls and Questionnaire Surveys. To invite you to participate in polls and questionnaire surveys conducted by us or in collaboration with third parties.
  381.  
  382. (d) To Enhance Safety Safeguards. To resolve disputes, prevent, detect, handle and investigate fraudulent or other illegal activities; to mitigate the risks of the occurrence of similar events; to assist law enforcement; and to enforce this Privacy Policy.
  383.  
  384. 3.2 We may use non-personally identifiable information and aggregate information and share it with third parties for any lawful purpose, including, but not limited to, analyzing trends, managing and administering the ofo Bicycle Sharing Services, tracking users’ movements, to create new products or services or to improve our business and the ofo Bicycle Sharing Services.
  385.  
  386. 4.INFORMATION DISCLOSURE, PROCESSING AND TRANSMISSION
  387. 4.1 Disclosure. We may disclose personal information to third parties as follows:
  388.  
  389. (a) We may share your personal information with our affiliates, partners, companies we do business with, service providers, contractors and agents (such as the communication service providers sending e-mails or notifications on behalf of us or the service providers providing location data for us) for any of the purposes outlined in Section 3. Any disclosure under this paragraph will be made subject to third parties that agree only to use the information as permitted under this Privacy Policy.
  390.  
  391. (b) To provide information to other users as authorized or agreed by you.
  392.  
  393. (c) To comply with applicable laws and regulations, court orders or rulings in other legal proceedings, or the requirements of relevant governmental agencies or authorities.
  394.  
  395. (d) To protect our rights, property or safety (including those of other users or employees).
  396.  
  397. (e) In connection with any actual or potential merger, acquisition, asset sale or other similar transaction involving us or our affiliates.
  398.  
  399. (f) If we or our affiliate(s) file for bankruptcy.
  400.  
  401. 4.2 Processing; Transmission
  402.  
  403. We may use various technologies to process your personal information within the scope allowed by this Privacy Policy. We may transmit your personal information to countries or regions outside your country or region of residence. You understand and agree that we and third parties may, in providing the ofo Bicycle Sharing Services to you and in disclosing information to third parties as permitted under this Privacy Policy, store and processes personal information in different locations all around the world.
  404.  
  405. 5.SECURITY
  406. 5.1 We use various security technologies and programs designed to prevent the loss, improper use, unauthorized browsing or disclosure of your personal information. For example, we will store your personal information in a system with access authorization settings and install the system in a device with access authorization settings. However, for the sites you log into, it is your responsibility to ensure the safekeeping of your passwords and not to disclose such information to others.
  407.  
  408. 5.2 When you use the ofo Bicycle Sharing Services, some of your personal information and content you upload or share may be viewed by other users (e.g., if you share your riding track and your personal information from the ofo Bicycle Sharing Services on the platforms of third parties) and users may read, collect or use your personal information and share it with others. You are responsible for the personal information you decide to share or submit in the using these features. Please be careful when using upload and sharing features and carefully consider the content you upload and communicate through the ofo Bicycle Sharing Services.
  409.  
  410. 5.3 Despite our implementation of security technologies, we cannot ensure that all of your personal information will never be disclosed in ways not otherwise described in this Privacy Policy. For example, no transmission of data over the internet is 100% secure and a third party may unlawfully intercept or access transmissions or private communications, or other users of the ofo Bicycle Sharing Services may abuse or misuse your personal information. You fully understand and agree to accept the risks of unauthorized access, use and disclosure of your personal information that may occur despite our compliance with this Privacy Policy and implementation of security technologies.
  411.  
  412. 6.CUSTOMIZATION OPTIONS
  413. 6.1 “Do Not Track” Settings. Because we track ofo Bicycle Sharing Services usage information through the use of cookies, pixels, and other tracking mechanisms, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information. The only way to completely “opt out” of the collection of any information through cookies, pixels, or other tracking technology is to actively manage the settings on your browser to delete and disable cookies and other tracking/recording tools. However, getting a “Do Not Track” signal to work as you might want is difficult. Using browsers as an example, not all tracking technologies can be controlled by browsers; unique aspects of your browser might be recognizable even if you disable a tracking technology; not all settings will necessarily last or be effective; even if a setting is effective for one purpose, data still may be collected for another; and even if one website observes a “Do Not Track” signal, that website usually will not be able to control other websites. Please be aware that if you disable cookies or pixels, you may not be able to enjoy the full experience and some services may not work properly.
  414.  
  415. 6.2 Through the ofo Bicycle Sharing Services, you may, in accordance with this Privacy Policy:
  416.  
  417. (a) Review and update your personal information and close your account;
  418.  
  419. (b) For certain communications, determine the types of information and the manners by which you will receive them; and
  420.  
  421. (c) Opt out of participating in promotional programs.
  422.  
  423. 6.3 Correcting your Personal Information. You may correct your personal information by contacting us at: supportus@ofo.so. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others or would be impractical.
  424.  
  425. 7.TERMINATION, RETENTION, AND REMOVAL.
  426. 7.1 Termination. If your account is terminated for any reason, your information will no longer be accessible to you. However, information collected prior to termination of your account may still continue to be retained in accordance with this Privacy Policy.
  427.  
  428. 7.2 Retention and Removal. We may, but are not required to retain your personal information, including after your account is terminated, for as long as permitted under applicable law. If you want to us to remove your information from the ofo Bicycle Sharing Services, please contact our customer service staff at supportus@ofo.so and we will make good faith efforts to delete information stored in systems under our control provided that removal does not require disproportionate technical effort or expense, does not jeopardizes the privacy of others, and is not impractical.
  429.  
  430. 8.YOUR OBLIGATIONS
  431. 8.1 You agree to properly safeguard your account number and login password;
  432.  
  433. 8.2 You agree that only you personally can use the account created in your name and you will not allow others to use your account or share one common account with others.
  434.  
  435. 9.IMPORTANT INFORMATION
  436. 9.1 The ofo Bicycle Sharing Services Are Not for or Directed Towards Children. The ofo Bicycle Sharing Services are not intended for anyone under the age of 13 and we do not intend to and will not knowingly collect any personal information from children under 13 years of age. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at supportus@ofo.so.
  437.  
  438. 9.2 Third-party Privacy Policies. This Privacy Policy only covers use and disclosure of the personal information we collect from you. The ofo Bicycle Sharing Services may contain links or references to third party apps and websites (“Linked Sites”). We do not endorse any Linked Sites or the information, products or services contained on any Linked Sites. If you disclose your information to others or your information is transmitted to Linked Sites, the use of your information by those Linked Sites will be governed by their own user agreements and privacy polices, which you should read and understand. We are not responsible for and do not control any content you may share on a Linked Site and access to any Linked Site is solely at your own risk.
  439.  
  440. 9.3 Your California Privacy Rights
  441.  
  442. (a) California Civil Code Section 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed personal information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail to supportus@ofo.so or write us at 8th Floor, 2 Embarcadero Center, San Francisco, CA 94111.
  443.  
  444. (b) California Minors. While the ofo Bicycle Sharing Services are not intended for anyone under the age of 18, if you are a California resident under age 18 and you believe your information has become publicly-available through the ofo Bicycle Sharing Services and you are unable to remove it, you may request removal by contacting us at: supportus@ofo.so. When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information is located, so that we can find it. Removal of your content or information from the ofo Bicycle Sharing Services does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the information posted by you; our obligations under California law are satisfied so long as we anonymize the information or render it invisible to other users and the public.
  445.  
  446. 10.QUESTIONS AND CONCERNS
  447. If you have any questions or concerns about this Privacy Policy, please e-mail supportus@ofo.so or write us at 8th Floor, 2 Embarcadero Center, San Francisco, CA 94111.
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