Baidu User Agreement

Chapter One: General Provisions

1.1 This Baidu User Agreement (“Agreement”) applies to your use, as the “user” (defined below) of the Baidu website and all or any of Baidu’s products (collectively known as the “Website”) and your understanding that the Website, and all of its content, is provided by Baidu, Inc. (“Baidu”) the leading search engine service provider whereas your use of the Website is subject to the terms and conditions of this Agreement.
1.2 Your act of completing the registration procedures and clicking on the “Agree” button during the registration process shall be construed and understood to constitute your (the user) acceptance of all of the terms and conditions of this Agreement, and you understand and agree that a legal contractual relationship has been established between you, the user, and Baidu. Accordingly, each user will be given an account and a password upon successful registration, and it shall be your responsibility to keep your account information and password in safekeeping. You alone shall bear any and all legal responsibility and/or liability that arise from activities and events conducted under the name of your account.
1.3 Baidu Users can use each individual service provided by Baidu whereas such use shall be construed and understood as the user’s consent to the service agreement of each individual Baidu service and all other announcements published by Baidu, Inc. for each individual service.
1.4 Baidu may update the Baidu Member Service Agreement and the service agreements and announcements for each individual service at any time without special notice. Please pay attention to and comply with the relevant applicable provisions when you enjoy certain services.
  Please read this Agreement carefully before you enjoy the various services provided by Baidu. If you do not accept any terms or conditions of this Agreement and/or its amendments, you may cancel the services provided by Baidu. Once you use Baidu’s service(s), it shall be construed and understood that you have fully understood, consented to and accepted all terms and conditions of this Agreement and its amendments, when applicable, and you shall become a Baidu User (also known as “user”).

Chapter Two: Information Registration and Privacy Protection

2.1 The ownership of a Baidu account (i.e., Baidu User’s ID) shall be vested in Baidu. A Baidu User has the right to use a Baidu account when the registration procedures are completed. The Baidu User shall provide his/her “Registration Data” (which includes but is not limited to the all information provided by the Baidu User during the registration process, the Baidu User’s name, address, contact information and other identifying information) in a timely, detailed and accurate manner and shall update his/her registration information to make ensure its timeliness, details and accuracy. All information entered by the Baidu User during the registration process shall be treated as Registration Data and Baidu shall not be liable for any consequences arising from any false Registration Data provided by the user.
2.2 Baidu Users shall not transfer or lend their account or password to any third party. In case the Baidu User finds that his/her account has been illegally used by a third party, he/she should notify Baidu immediately. Baidu shall not be liable for any illegal use of a Baidu User’s account or passwords caused by a third party or by the user’s own negligence.
2.3 Baidu will not disclose or provide the user’s registration information to any third party unless:
a. The user’s prior authorization has been obtained;
b. The products or service requested cannot be provided unless the personal information is disclosed;
c. Per the requirements of relevant laws and regulations;
d. Per the requirements of relevant government authorities;
e. To safeguard the legitimate rights and interests of Baidu; the user consents to share the information with a third party; Baidu discovers that the user violates the terms and conditions of the Baidu Service Agreement or use rules for other products; or Baidu needs to submit the user’s personal information to the companies providing Baidu and the user with products or services (unless Baidu notifies you otherwise, such companies shall have no right to use your identification).
2.4 Baidu will collect a Baidu User’s personal information when he/she registers to be a Baidu User, uses Baidu’s products or services, browses a Baidu page, or participates in promotions and sweepstakes. The information will be utilized to improve the services and web content provided for the user.
Chapter Three: Use Rules

3.1 Baidu User’s shall be bound by the laws and regulations of People’s Republic of China (“P.R.C.”) when using Baidu’s services and shall not utilize the service for any illegal activities, including but not limited to:
a. Upload, display, post, spread or send in any other manner any information that:
(1) is opposed to the basic principles established by the Constitution of the P.R.C.; (2) endangers the national security, divulges State secrets, subverts the State power or undermines national unity; (3) damages the honor and interests of the State; (4) incites ethnic hatred or ethnic discrimination, or undermines ethnic unity; (5) jeopardizes the State’s religious policies, or advocates cults and superstition; (6) spreads rumors, disturbs social order, or undermines social stability; (7) spreads obscenity, pornography, gambling, violence, murder, terrorism, or instigates others to commit crimes; (8) insults or slanders others, or infringes upon the legal rights of others; (9) incites illegal assembly, association, procession, demonstration or gathers crowds to disturb social order; (10) is false, harmful, threatening, privacy infringing, or contains contents of harassments, infringements, defamations, vulgarity, or obscenity, or is otherwise morally objectionable, lack of aesthetic, unsuitable with fine custom; (11) contains other contents restricted or prohibited by laws, regulations, rules and any other legally binding provisions.
b. It is forbidden to use the Internet service system for illegal purposes.
c. It is forbidden to use Baidu services to undertake the following activities:
(1) access the computer information network or use of resources of the computer information network without authorization;
(2) delete, modify or add any function of the computer information network without authorization;
(3) delete, modify or add any data or application stored, processed or transmitted in the computer information network without authorization;
(4) intentionally create or disseminate computer virus or other destructive programs;
(5) or other activities that damage the computer information network.
3.2 Baidu Users consent to indemnify Baidu, its subsidiaries and affiliates, for any claims, demands or losses, including reasonable attorney fees, against any third party if such damages or losses result from the Baidu User’s violation of the terms or conditions of this Agreement or the provisions of a relevant service agreement. Baidu, depending on the nature of a user’s activity, is entitled to take measures, including but not limited to removing the content published by the user, suspending his/her account, restricting the usage of his/her account, recycling the Baidu account or taking any legal or other measures. For malicious registration of a Baidu account or activities utilizing a Baidu account to distort, harass or deceive other users, or any other third party, or in any other manner violating this Agreement, Baidu shall be entitled to suspend or delete such account. Baidu will assist the investigation upon the requirements of the judicial authority.
3.3 Baidu Users shall not duplicate, copy, sell, resell or use for any other commercial purpose any part of this service or the use or obtain of this service.
3.4 A Baidu User shall be liable for his/her behavior in using the Baidu service. The form of liability includes, but is not limited to: compensation for the damages the infringed party has suffered; equal amount of the compensation for Baidu’s first assumed administrative penalty or tort liability for the damages caused by the user’s behavior.

Chapter Four: Service Content

4.1 The details of Baidu, Inc. network service will be provided by Baidu depending on the nature of the situation.
4.2 Unless otherwise expressly provided in this Agreement, any new product(s), new function(s) and/or new service(s) provided by Baidu shall be subject to this Agreement.
4.3 To use this service, a Baidu User shall be able to get access to the international network via a third party legally qualified to provide internet access service, and shall pay the cost of related services. In addition, the Baidu User himself/herself shall prepare the necessary equipment for the access to the international network, including computer, modem and/or other access device.
4.4 Given the special nature of network services, Baidu Users agree that Baidu shall have the right to change, suspend or terminate some or all network services (including, but not limited to, subscription network service) without prior notice. Baidu does not guarantee that the network services will not be interrupted or the timeliness, security, accuracy of the network services.
4.6 The Baidu service or third parties can provide any links with other international internet websites or resources. For the reason that Baidu cannot control these websites and resources, the user understands and agrees that Baidu is not responsible for the availability of these websites or resources and contents, advertisements, products or other data existing or arising from these websites and resources. Baidu shall not be held responsible for any damage or losses resulting from any content, commodity, service which is released or obtained from these websites or resources.
4.6 The Baidu service or third parties can provide any links with other international internet websites or resources. For the reason that Baidu cannot control these websites and resources, the user understands and agrees that Baidu is not responsible for the availability of these websites or resources and contents, advertisements, products or other data existing or arising from these websites and resources. Baidu shall not be held responsible for any damage or losses resulting from any content, commodity, service which is released or obtained from these websites or resources.
4.7 Baidu Users explicitly agree to assume the risk existing in the use of any Baidu internet service. Users understand and accept that they deliberately decide to download or obtain any information resources from Baidu’s services, and assume the impairment of system, loss of data and other risks. Baidu does not make guarantees on any shopping service, course of dealing, recruitment information obtained from the service network.
4.8 Baidu reserves the right to terminate user accounts which have not been logged in to (i.e., accessed) for six (6) months or more.
4.9 Baidu is entitled to modify or terminate this service (or any other parts thereof) at any time temporarily or permanently without prior notice. Baidu is not liable to users or any third party given any modification or termination of service with or without notice.
4.10 Termination of Service:
Baidu Users agree that Baidu is entitled to terminate his/her password, account or the use of service (or any part of service), remove and delete any content in this service based on Baidu’s own discretion for any reason, including but not limited to disuse for a long period of time or if Baidu considers a Baidu User to have violated the terms and conditions of this Agreement. A Baidu User agrees the service provided in accordance with this Agreement can be suspended or terminated without any prior notice, the user acknowledges and agrees that Baidu can shut down, terminate or delete his/her account and all the information and documents in the account immediately, and/or forbid the user to continue using or accessing the aforesaid documents and service. In addition, a Baidu User agrees that in case the use of the service is suspended, terminated or the account and relevant information and documents are shut down or deleted, Baidu, Inc. shall not be responsible for any liability to the Baidu User or any other third party.

Chapter Five: Intellectual Property and Other Legitimate Rights and Interests (Including But Not Limited to the Right to Reputation and Business Reputation)

5.1 Exclusive Rights to Users and Infringement Notice
If (i) a rights holder finds that a third party has infringed his/her legitimate rights and interests through the internet and (ii) such right is infringed by content posted on a third parties’ website connected with links automatically generated by Baidu’s search engine system, such individual or entity may file a notice of infringement (“Infringement Notice”) with Baidu. To file an Infringement Notice with us, you must provide a written communication based upon the instructions below.
  Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any misrepresentation in the Infringement Notice. If you are not sure whether material available online infringes any of your legitimate right, we suggest that you first contact an experienced professional.
  To expedite our ability to process your request, please use the following format (including section numbers):
   1. Provide materials evidencing that you have the right to exercise the trademark, copyright or another legitimate right which you allege has been infringed.
   2. Identify in sufficient and clear detail the content pertaining to the protected legitimate right you believe has been infringed and the websites that contain the infringing content (if possible).
   3. Identify the material that you claim is infringing the legitimated right listed in Item 2 above.
   4. Provide detailed contact information of the Rights Holder, including name, a copy of the identity card or the passport (if an individual), a copy of the entity registration certificate (if an entity), address, telephone number, fax and email address.
   5. Provide location of infringing content on the Internet (for example, the source of allegedly infringing content, i.e. the website or location in the webpage) to permit us to notify the owner/administrator of the web page that allegedly contains infringing content.
   6. Include the following statements in the Infringement Notice: “(i) I am the rights holder or am authorized to exercise the right; (ii) My legitimate rights are infringed by content on the allegedly infringing web pages”; and (iii) Include the following statement in the Infringement Notice: “I represent that the information in this Infringement Notice is sufficient, true and accurate and that I am the right holder or am authorized to exercise the legitimate right specified in item 2 of this Infringement Notice, and that I confirm that if the statements in the Infringement Notice are not true, I will be legally liable for such misrepresentation.”
   7. Sign the Infringement Notice paper. If you are an entity or an organization established in accordance with laws, please seal your official stamp on the paper.
  Then send the above-mentioned materials and your contact information in writing to the following address:
Product Affairs Group,
Baidu, Inc.
Baidu Campus
No. 10, Shangdi 10th Street
Haidian District
Beijing, 100085
5.2 If any content in the open access areas of the Baidu website is uploaded by users through a Baidu service (including but not limited to Baidu Post Bar, Baidu Knows, MP3, film and television, etc), users agree that Baidu has the free, permanent, irrevocable, nonexclusive and complete sub-license right and permission across the world, such as to use, duplicate, modify, adapt, publish, translate, create derivative works, spread, perform and display these contents (the whole or parts), and/or incorporate these content into any other forms of work, media or technology currently known or later developed.
5.3 Baidu owns the copyright of all information within this site, any authorized browse, copy, print and dissemination of information belonging to this website must meet the following conditions:
a. All information and images are for the purpose of access to information;
   b. All information and images may not be used for commercial purposes;
   c. All information, images or any part thereof must include this copyright notice;
   d. All of our products, technology, and all programs in our website ( Baidu intellectual property and are not authorized to anybody hereby.
   e. “Baidu”,“百度”and related graphics are registered trademark of Baidu,
   f. Without Baidu’s prior consent, license or authorization, no third party shall, including but not limited to illegally copy, disseminate, display, mirror, upload, or download the aforementioned information, products, technology and programs. Otherwise, Baidu will investigate for legal responsibility according to law.

Chapter Six: Special Note for Young Users

6.1 Young people (those considered minors in any jurisdiction) must comply with the National Youth Network Civilization Convention:
a. To benefit from using the internet, do not browse any inappropriate information; b. To be honest and friendly in exchanges, do not insult or defraud others; c. To enhance self-protection, do not interact casually with strangers; d. To maintain network security, do not destroy the network order; and e. To remain healthy, do not become addicted to virtual reality

Chapter Seven: Miscellaneous Clauses

7.1 The Laws of the People's Republic of China shall prevail when dealing with the conclusion, implementation and interpretation of this Agreement, and any dispute or settlement arising thereof.
7.2 Where the parties have any disagreement as to the implementation or interpretation of this Agreement or its execution, both sides should settle such disagreement through friendly consultations; where negotiation fails, either party shall only bring a court action in the People’s Court located in Baidu’s domicile.
7.3 Where Baidu does not exercise or execute any right or provision under the Agreement, such act or non-act shall not constitute a waiver of any such right.
7.4 If any portion of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7.5 This Agreement is drafted in both Chinese and English. In the event that there is a dispute between the parties arising out of this Agreement or as to the interpretation or meaning of this Agreement, the Chinese version shall govern in interpretation and in all other respects.

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Please send notice to Baidu if you find any violation of the Agreement and/or any other individual service's Terms of Service. You may contact Baidu at the following address:
Product Affairs Group,
Baidu, Inc.
Baidu Campus
No. 10, Shangdi 10th Street
Haidian District
Beijing, 100085

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