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发布日期：2020 年 03月 10日

"Before you use DataCastle, you should carefully read and follow all the contents of this Agreement. Please make sure carefully read and fully understand the contents of the terms, especially in the under marked in bold terms, including but not limited to the exclusion or restriction DataCastle from liability for user rights to restrict the terms of the confidentiality of information provision, dispute solving and applicable to legal terms. If you have questions about the terms of this Agreement, please DataCastle publish the external communication questioning, DataCastle will explain the terms of the content. If you disagree with any of the contents of this agreement, or cannot accurately understand the terms of the number of DataCastle explanation, do not perform any subsequent operation. Otherwise, you have accepted the terms and conditions described below, agree to be bound by this Agreement. By then you should not read in this Agreement or DataCastle answer to your inquiry is not obtained and other reasons, the advocates of this agreement is invalid or invalid any provision, or rescission of this Agreement."

1 立约背景

" In order to regulate DataCastle users (hereinafter referred to as ""user"" or ""you"") the acts carried out by DataCastle, including but not limited to participate in competitions for other large data etc. (hereinafter collectively referred to as ""DataCastle service""), clear the users’ rights and obligations to create a standardized, orderly and safe DataCastle environment, guarantee the legitimate rights and interests of users, to develop this agreement."

2 签约主体

" This Agreement was signed by the Chengdu DataCastle Technology Co., Ltd. (hereinafter referred to as ""DataCastle"") with users."

3 协议生效

(1) " When you complete the registration through the web page, you have agreed with DataCastle and agreed to accept all the content of the agreement. When you accept this Agreement from the date when the act was committed or since you're using from (to whichever occurs first) effect."
(2) " This agreement includes agreement on the text and all DataCastle already published or in the future may be issued as rules, notices, bulletins, etc. (hereinafter collectively referred to as ""Rules""). All rules as the part of the agreement, and has the same legal effect as the agreement body. DataCastle entitled to formulate as necessary, to modify this Agreement and / or all kinds of rules, if there is any change, DataCastle will announce by website publicity way and notify you by the system information. After the change agreements and rules, they automatically become effective upon publication and become part of this Agreement. If you do not agree with the changes, you should immediately stop using DataCastle services; as you continue to use the service, you are deemed to have no objection and agree to the revised agreements and rules."

4 定义

(1)DataCastle："DataCastle was launched by big data organizing with various competitions, and to carry out various research projects based on big data infrastructure platform, the domain name is www.pkbigdata.com (or several data based on business needs from time to time to adjust the domain name)."
(2)" The Competitions of Big Data: One of DataCastle service is based on the high-end data class or race DataCastle customer’s huge amounts of data carried out by the users by using DataCastle big data and related infrastructure, trying to solve actual business and social issues."

5 服务使用对象

(1)除非数聚城堡特别书面同意，用户使用DataCastle服务需同时具备如下条件：
    ①With a normal DataCastle account；
    ②" When DataCastle has additional requirements, the user can use these services in the line with the corresponding requirements."
(2)"If any third party limits to the DataCastle service or service in the relevant DataCastle functionality, the user should comply with those restrictions. For this reason, users should make their own prudent judgment whether DataCastle related services and functions would constitute infringement to third parties, with defaults on and assume all the consequences and responsibility."
(3)" To further ensure DataCastle services provided, such as DataCastle requirements, the user should fill in the relevant identity information, provide evidence and / or license and other qualifications. Users understand and acknowledge that the number of data castle only to information or knowledge of common standards or no professional users fill out to prove and / or qualification certificates submitted in the form of check, etc., but does not mean the number of DataCastle or professional obligation to castle the capacity to identify the user when using DataCastle service does not constitute an infringement of third parties, breach of contract and so on; at the same time the number of poly castle reserved checks, require users to submit supplementary, to update the right information and the qualification documents. Users should fill in the information submitted evidence and / or license and other qualifications authenticity, legality, validity, completeness independently assume full responsibility. Shown with data castle found that users of information, evidence, information and other false, incomplete or invalid, the number of data castle the right to immediately terminate this Agreement and in accordance with the relevant rules of the users be punished."
(4)" T?the DataCastle has the right to conduct random checks the users’ identity information, qualification information, if find any problems or there is reasonable doubt, have the right to issue a query or request correction notice to the user, or directly to terminate the contest or research processing projects."

6 DataCastle服务内容

(1) Except other agreed in this agreement, DataCastle provides users with DataCastle service include, but not limited to:
    ①Big Data competition:
        1) Provide users with several data sets are used to carry out the competition;
        2) Based on a specific schedule demands of competition, according to the user's entry, the user use the full data set of application made to grant or a decision to refuse authorization; such as user authorization, shall be in accordance with the rules of the full data set for the platform to carry out data race;
        3) Provide a competition environment and related technical support;
        4) Other services provided by big data competition.
    ②" In accordance with DataCastle talent rule, the users can obtained DataCastle personnel certification by participating in big data competition."
(2) 用户同意，数聚城堡保留在任何时候自行决定对DataCastle服务的产品内容、数据内容、功能模块等随时进行增加、删除、修改、升级、转移、暂停、终止的权利；或因定期、不定期的维护，及/或国家法律法规、政策，DataCastle数据披露政策等的调整而暂缓提供的权利。数聚城堡进一步保留在DataCastle开发新的服务、模块、功能或其他语种服务等的权利。上述所有变更的服务、模块、功能的提供，除非数聚城堡另有说明，否则仍适用本协议。 如数聚城堡对DataCastle采取上述调整的，将提前（合理期限内）通过平台网页进行公告，而不再单独通知您。调整后的内容一经上线即自动生效。如您不同意上述调整，应当立即停止使用DataCastle服务；如您继续使用DataCastle服务的，则视为您对调整后的内容不持异议并同意遵守。

7 服务使用规范

(1)" Users can only use the service by DataCastle account (login name + password) to log on. DataCastle confirm the subject identity only by using user's login account. Open DataCastle service usage rights are limited to the user's own account, the user may not use the account in any form to any third party for sale, rental, lending, etc. Users should keep the login name, password, and use that account and password for all acts carried out take full responsibility. If the user account was unauthorized access, use or other security problems occur, you should immediately notify data , and you agree and acknowledge that, unless the fault of factor data account theft, the above situation, DataCastle does not produce data any direct or indirect loss or damage liability."
(2)" The user Statement and guarantee that using DataCastle service process should comply with the following requirements, shown with DataCastle users for some services DataCastle has additional requirements, the users should also comply with the above requirements or may use such services after reaching the above requirements:"
    ①" No imitate, modify, translate, adapt, loan, sell, sublicense, distribute or transfer DataCastle information service on the network, but also may not reverse engineer, disassemble, decompile, disassemble or otherwise attempt to discover DataCastle source service;"
    ②" Do not send, upload and store, worms, Trojan horses and computer code, files, scripts and other harmful content with the virus;"
    ③" Not using the service provided by the DataCastle to distribute a large number of unwanted or unsolicited e-mail, electronic advertising content or contain reactionary, pornographic and other harmful information;"
    ④" Not using the sources and service provided by the DataCastle to upload, download, store, publish any illegal, infringing, obscene, pornographic, immoral, fraudulent, defamatory, unlawful harassment intimidation or illegal information or content, not to release such information to others with any facilities (including but not limited to setting URL, BANNER links, etc.);"
    ⑤" Do not create or use of relevant equipment, regardless of the configuration operation and DataCastle service or process, or deliberately write malicious code led to intensive DataCastle server memory, CPU or network bandwidth resources to DataCastle or other users of the network, server (including but not limited to local and foreign and international networks, servers, etc.), product / application load serious impact DataCastle with the Internet or with a particular network, server and DataCastle smooth inside contact, or lead or other DataCastle users of the site where the server is down or user-based DataCastle product / application cannot access, etc.;"
    ⑥" Do not any breach or attempts to undermine network security (including, but not limited to fishing, hackers, phishing, website or space or suspected of containing the spread of viruses, Trojan horses, malicious code, and carry out the alleged aggressive behavior to other website, server, virtual servers, etc.);"
    ⑦Do not any change or attempt to alter the number of poly castle provided DataCastle system configuration or compromise the system safe behavior;
    ⑧Do not infringe the DataCastle / or its affiliates or any third party's legitimate rights and interests;
    ⑨" If DataCastle services related to third-party data, the license to use the software, users agree to comply with the relevant constraint of the license agreement;"
    ⑩Do not engage in other illegal or inappropriate behavior.
(3) " During use DataCastle service, involving algorithms, models, data access, the user represents and warrants that comply with the following requirements:"
    ①"Access to DataCastle algorithm, models, data from legitimate sources, do not violate the legal rights of others (including but not limited to privacy, etc.), the user should obtain the relevant licenses or permits, if necessary, and in accordance with published from time to time to update laws and regulations. As DataCastle requirements, the user shall promptly provide such proof of qualification license agreement. User understands and acknowledges that, to prove its DataCastle agreement or qualification certificates of inspection only in the form of check; even been checking by DataCastle, do not represent an obligation or DataCastle users have the ability to confirm the legitimate use of algorithms, models, data or disclosure, users should consciously take responsibility to ensure the independence and the possible consequences arising therefrom;"
    ②Access to DataCastle algorithm, models, data should have security, stability, efficiency, there is no viruses, worms, Trojan horses and other harmful computer code, files, scripts and programs, nor there is any malware features an Internet Society of China announced, will not cause damage to the related systems DataCastle and / or its affiliates, nor the DataCastle and / or its affiliates or other third-party data damage;"
    ③Does not attack or theft by any improper way to obtain data from DataCastle;
    ④" This Agreement for any reason relieve ahead, terminate or revoke ,user access need to remove algorithms, models, data, should be in service by DataCastle features its own operations; If you need DataCastle to assistance delete, shall notify in advance the DataCastle;"
    ⑤" If the judiciary, the administration or third party rights proposed algorithms, models, data and other acts of alleged infringement, DataCastle is requested to remove user access to the part DataCastle or, DataCastle entitled to judicial or administrative authority or third party rights holders requirements of all algorithms, models, data deletion, and shall have no liability whatsoever for breach of contract."
(4) DataCastle "7.4. DataCastle does not have the data backup function. Users understand and agree that data backup and storage is the users' obligations and responsibilities, obligations, rather than DataCastle has no obligation to back up users’ data and save your work or the result of any liability. Users agree and understand that the end of the races which they participate or research projects, DataCastle will clear all the algorithms, models and data generated or used it in the contest or from the research process in DataCastle."
(5) " The user should carefully read the specific rules for each service posted on the website of the DataCastle (including, but not limited to, DataCastle for each competition, specific rules for each research project published), the relevant operational guidelines, and instructions and shall operate in accordance with the relevant operating instructions."
(6) " Users agree to receive messages from DataCastle and / or its affiliates send the E-mail, information."

8 保密条款

(1) 保密信息的内容：DataCastle向用户披露或提供的全部信息，以及用户因竞赛、科研、信任关系从DataCastle获得、知晓或交换所得的与数聚城堡及其关联公司业务相关的商业秘密，以及数聚城堡或第三方所披露的基础数据，以及其他所有非第三方所知的信息，包括但不限于：
    ①" DataCastle and its affiliates operating data, transactions, users’ information (such as user ID, user lists, customer relationship), technical information, financial information, business channels and programs, software, procedures, manuals, etc.;"
    ②DataCastle and its affiliates to obtain information from a third party but shall bear the duty of confidentiality;
    ③Any other confidential or proprietary information;
    ④DataCastle or a third party authorized by the parties or consent or has taken reasonable measures to provide or disclosure DataCastle basic data;
    ⑤其他通常不为数聚城堡及其关联公司以外的人所知晓、未在公共领域被正式公开的信息。 双方认可上述所有信息为数聚城堡的保密信息（以下简称“保密信息”），且该等信息对于数聚城堡及其关联公司具有重要作用和商业价值，如有泄露或不当利用将造成严重影响和经济损失。用户同意对上述保密信息严格保密。如无法确认某些信息是否为保密信息，则用户亦应将此类信息作为保密信息进行保护。
(2) Login account and password for the DataCastle should be kept for users only DataCastle based application research projects or by participating in the competition on their own, and should not in any way to any third party.
(3) 保密信息除外内容：为了避免不必要的争议，保密信息中不包括：
    ①Does not violate this agreement and has been widely known to the public information;
    ②一方在从对方接到信息以前已拥有或已知但没有义务为其保密的信息。
(4) 责任免除：数聚城堡无须对保密信息的真实性、适用性、完整性和合理性承担责任，以及并未对此做出一切明确表达的或暗含的陈述和担保。数聚城堡无须因用户对保密信息的使用行为承担任何责任。
(5) Use and protection of confidential information:
    ①" Users should undertake the project in accordance with the requirements specified DataCastle services in a designated area, using the specified scene confidential information, the user may not be inconsistent with the requirements of DataCastle acquire, use of the confidential information, confidential information shall not emulate, reverse engineering, decompile, trying to decipher the source code and the underlying information, nor any form to any third party disclose, disseminate, sell, transfer, for any commercial purposes or for obtaining any commercial interests. Shown with DataCastle user, DataCastle partial service (or services related to the use DataCastle services provided by other data platforms) have additional requirements, the user should also comply with all these requirements before or after such use to achieve the above requirements service."
    ②Users are strictly prohibited to engage in any through the above content the purpose of this agreement.
    ③The user should have the consciousness to protect the confidential information and take all the necessary security measures.
(6) 保密期限：用户对于保密信息的保密义务于本协议生效之日起至数聚城堡或其关联公司或第三方公司对外公开此等保密信息为止，并不因本协议终止而终止。

9 知识产权

(1) DataCastle" All content on DataCastle, including but not limited to data, pictures, files, information, data, site architecture, web pages, web design, etc., by the DataCastle and / or authorize the use of third party rights holders legally owns its intellectual property, including but not limited to trademarks, patents, copyrights and the right to use and so on. After several no DataCastle and / or authorized third-party rights to use the written consent of the people, no one will be allowed to use, modify, copy, public communication, issuing the above. In addition, without the DataCastle and / or preceding the prior written consent, you may not for any marketing, advertising, promotion or other purposes, publish or replicate data castle or DataCastle name (including, but not limited to, alone or in combination form contains ""DataCastle"", or its affiliates brand, said the brand's logo and design subsidiary, or any similar company names, trade names, trademarks, products, or to a third party can be described by a particular identification number DataCastle and / or its affiliates name , domain names, design marks, logos, etc.). Users should continue to be valid after the payment of the duties and obligations under the termination of this Agreement, and has sufficient binding."
(2) " Users agree DataCastle operational data (including but not limited to, login, operation records to a user, Article VIII of this Agreement confidential information data such agreed) of all the rights are vested in DataCastle and / or authorized its use of third party rights all the peoples. User’s commitments without the DataCastle and / or preceding the prior written consent shall not be the object In addition to this agreement in any way and form to use."
(3) " Users should ensure that their participation in the contest or to carry out the results of the Institute was not infringe any third party's legitimate rights and interests, such as third party based on these results to the DataCastle and its affiliates make a claim, litigation or possible litigation, DataCastle users should bear full responsibility for the loss and data and its affiliates arising, including but not limited to, compensation costs arising therefrom, court costs, attorney fees, and a number data can notify the user immediately after the termination of this contract."
(4) The user should remain in force after the responsibilities and obligations under Article termination of this Agreement, and has sufficient constraint.

10 违约责任

(1) " Unless otherwise agreed, the user violates its obligations under this agreement and the rules DataCastle user should perform, commitment, assurance of any content, data are entitled to their circumstances, in particular to DataCastle, other users or third parties related to the actual damage caused, according to their own independent judgment, at any time unilaterally take the following measures in one or more of:"
    ①" Delete algorithms, models, and data;"
    ②" Require the user to replace immediately, modify the content;"
    ③" Restrict, suspend users DataCastle services (including, but not limited to direct some of its services to restrict, suspend and to recover resources, operate restrictions on its accounts, the specific measures and the way to deal with DataCastle subject to the notice);"
    ④" Terminate users’ service, terminate this Agreement;"
    ⑤Held liable of users;
    ⑥Suitable measures to deal with it.
(2) " If the users’ accounts is anomaly, including but not limited to, frequently logging in short, frequent switching IP addresses landing, DataCastle has the right to maintain security and safety DataCastle user accounts to unilateral Analyzing suspend the use of restrictive measures taken against the above account. During the suspension, DataCastle users are able to explain and submit relevant evidence; knowledge of standard data will be ordinary or no professionals to explain and prove the users unilateral identify and make use of recovery maintaining the stay or be treated in accordance with paragraph 1 of the convention's decision."
(3) "If the user violate the laws and regulations of this agreement or the agreement illegal access, publish and / or use of algorithms, models, data, plagiarism or misappropriation of the results of others, identity theft information to participate in a contest or scientific research, or the user's behavior may be related violations personal privacy, trade secret, or other user rights and interests, the right to take direct data terminate this agreement, the termination DataCastle service, require users to immediately delete or delete rows path algorithms, models, data and other measures. Users should be independent in its own name to assume full responsibility, and DataCastle data, other users or third parties for any loss caused by compensation."
(4) " The users release on data Castle include, but are not limited to suspected illegal violation of third party legal rights and interests, in violation of public order and morals, social morals of information, or the DataCastle data consider additional information inappropriate, data are entitled without prior under the premise of notifying the user to delete or take other restrictive measures."
(5) "As a result of violation of relevant laws and regulations or the user of this agreement, the provisions of the relevant rules, so that DataCastle suffers any loss, by other users, the punishment of any third party claims or any administrative department, DataCastle users respond data other users or third parties related to the actual loss will be full compensation, including reasonable attorneys' fees."
(6) " Users understand and agree that DataCastle data entitled to ordinary or professional knowledge standard user behavior unilaterally recognized and dealt with in accordance with applicable agreements unilaterally recognized the results, rules, and without consent of the user's consent or advance notify the user. Data according to the rules after the user process, not exempt other users should bear legal responsibility."
(7) 如用户违反本协议约定使用或披露保密信息的，用户应以各种形式协助数聚城堡收回保密信息，制止保密信息被进一步侵害。 用户同意，未经授权而进行保密信息的使用或披露都将给数聚城堡和/或其关联公司造成不能挽回的损失和重大的侵害。除所有法定的赔偿外，数聚城堡和/或其关联公司将有权基于合理的判断而对任何实际或可能发生的违反本协议的行为，向有本协议约定的有管辖权的人民法院申请禁止令或适当的救济。用户应就违约行为而对数聚城堡和/或其关联公司可能受到的全部损失、侵害，包括但不限于律师费用承担足额的赔偿责任。且数聚城堡有权经通知用户后终止本协议。

11 免责

(1) " For upload, development, operation, management, preservation and maintenance of algorithms, models, data, users agree to independently assume all the risks and consequences. DataCastle no responsibility or liability for users to upload, run, release any responsibility for any inaccurate or incorrect content DataCastle, whether such inaccuracy is caused by the user or due to correlation algorithm, the model used, etc. or any of the equipment or programming associated therewith connected caused."
(2) DataCastle" DataCastle will do its utmost on the basis of existing technology to provide the appropriate security measures to ensure the safety and service uptime. Factor but due to the possible presence of computer viruses, network communication failure, system maintenance, and other aspects, as well as improper operation or user through non DataCastle authorized manner DataCastle services, as well as force majeure events that may occur, the number of DataCastle here service does not expressly disclaim any express or implied, including but not limited to service continuity, accuracy, reliability, fitness for a particular purpose and so on. Any damage due to the DataCastle either case not liable for damages caused by, including but not limited to loss of profits, goodwill, use, data or other aspects of other intangible losses damages (Whether for DataCastle has been told the possibility of such damages)."
(3) " Under any circumstances, several castles are not any indirect, consequential, punitive, contingency, particularity or punishment damage, including the reputational damage suffered by the user using DataCastle services, such as loss of profit, responsibility (even number gather castle has been told the possibility of such losses)."
(4) " The user agrees, DataCastle neglect exercise, lazy to exercise rights and / or compensation based on this Agreement or by law does not mean DataCastle obtained a waiver of such rights or remedies, or give up other rights or remedies. Single or partial exercise of the rights and / or based on this Agreement or by law to obtain compensation does not preclude further exercise DataCastle future right or compensation, or the right to take other exercise rights or receive compensation."

12 协议终止与转让

(1) This agreement shall be in a situation when meet the following any termination:
    ①"Notice to remove: DataCastle can be 15 days in advance, in the form of a written notice to terminate this agreement without having to bear the liability for breach of contract;"
    ②Unilateral Cancellation Rights: the emergence of one of the following circumstances, DataCastle has the right to terminate this Agreement immediately, according to the relevant rules and punishing the user:
        1) "The User breaches this Agreement any promises or guarantees, including but any agreement under this agreement is not limited"
        2) 用户违反基于竞赛或科研项目所承诺或保证的规则、声明等相关规定。
    ③" If user due to violation of the provisions of the laws and regulations or this agreement were castle early termination of the agreement, once again, after the termination of this agreement, directly or indirectly, or in the name of the others login DataCastle, once found, number of poly castle has the right to unilaterally terminate directly provide a service to the users."
    ④" DataCastle by the user to provide contact information with the user, user when logging in to fill in contact information have been found does not exist or cannot receive information, the number of poly castle to notify other contact way, such as to achieve the user changes the user number gather castle in advised within three working days from the date of the failed to provide a new effective contact information, number of poly castle has the right to terminate provide service to the user."
    ⑤Other provisions of this Agreement or to achieve the termination condition occurs, resulting in termination of this Agreement.
(2) After the termination of the agreement process:
    ①" After the termination of the DataCastle service, the number of clustering castle under no obligation to retain the original for the user account or associated with any information, or forward any have not read or send information to the user or a third party, nor will terminate the service for the user or any third party to assume any responsibility. Before the termination of service for the users to implement the behavior of any compensation and responsibility, as a result of, the user must be completely independent."
    ②"Regardless of the DataCastle services between the user and DataCastle terminated for any reason in any way, the DataCastle still has the right to decide"
        1) "To save or not save the user login DataCastle, identity information, operating behavior and other records;"
        2) " Requires the user to immediately delete it during landing DataCastle access DataCastle algorithms, models, data, and its output from DataCastle attributable to the user and the algorithms, models, data; the right not to DataCastle process steps to remove the previous algorithms, models, data, etc. notice diameter line."
(3) " The DataCastle is entitled to all rights and obligations under this Agreement to the transfer of DataCastle affiliates, without prior consent of the user's consent, then the DataCastle will announce the transfer matters to the users on the web."

13 通知和送达

(1) " DataCastle can notice all users through the registration information, DataCastle reserved any contact by e-mail, SMS, etc. When the notice is sent, the served date should be that day."
(2) "DataCastle users for data Castle notice shall be served by DataCastle data formal announcement mailing address, email address and other contact information."

14 法律适用与管辖

(1) " The effectiveness of this Agreement, explain, change, implementation and dispute settlement are applicable mainland People's Republic of China laws."
(2) " If DataCastle and users sign this agreement, performance or interpretation dispute, the parties shall endeavor to resolve amicably. If negotiation fails, and any party may apply to DataCastle domicile People's Court."
(3) " If any provision of this Agreement is deemed invalid or unenforceable, the above provisions can be isolated, the other provisions shall remain effective. The title of this Agreement for convenience only established to define non-specific provisions, limit, construe or describe the scope or boundaries"。