LOGIN SIGN UP Copyright and Intellectual Property Policy Last updated October 31, 2013 Xigua Mobile, Inc. also known as Smarp (hereafter "Smarp", "we", "our", or "us") respects the intellectual property of others and expects its users to do the same. Smarp has no responsibility for content from other websites that you may find or access when using Smarp’s applications, services, or websites ("Services"). Content available on or through other Services may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those Services, and not the Smarp Terms of Service , govern your use of that content It is Smarp’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Smarp and/or others. You shall not use any of Smarp's Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at: www.copyright.gov/legislation/dmca.pdf , Smarp has adopted and implemented a policy, stated below, that provides for: The expeditious removal of content that we believe, in good faith, to be copyrighted material that has been illegally copied and distributed The termination in appropriate circumstances of Members who infringe or are believed to be infringing the rights of copyright holders Allow for submitters of challenged material to make a counter-notice to the Designated Copyright Agent of Xigua Mobile, Inc. Procedure For Making Claim of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please complete the following DMCA Notice of Alleged Infringement ("Notice") and deliver it to Smarp's Designated Copyright Agent. Upon receipt of the Notice as described below, Smarp will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from our Services and/or termination or suspension of a Member’s account. DMCA Notice of Alleged Infringement Identify the copyrighted work that is claimed to be infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed. Identify the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on our Services where such material may be found. Provide your mailing address, telephone number, and email address. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." Provide your full legal name, mailing address, telephone number, and email address. Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Deliver this Notice, with all items completed, to Smarp at: Xigua Mobile ,Inc. 244 Fifth Avenue, Suite 2371 New York, NY 10001 legal@smarp.com Upon receipt of notice as described above, Smarp will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination or suspension of the Member’s account. Repeat Infringer Policy Smarp has a policy of terminating the Member accounts of repeat infringers. A repeat infringer shall include any Member who has made multiple submissions of Member Submitted Content for which we receive a notice of claimed infringement under this Copyright and Intellectual Property Policy. Each Member agrees that, if his/her account is terminated pursuant to this Copyright and Intellectual Property Policy, the Member will not attempt to establish a new account under any name, real or assumed, and further agrees that if the Member violates this restriction by opening a new account after being terminated pursuant to this Copyright and Intellectual Property Policy, the Member will indemnify and hold us harmless for any and all liability that we may incur. Procedure to Supply Counter-Notification Regarding Claim of Infringement If the Member believes that the material that was removed or to which access was disabled is either: 1) not infringing, or 2) the Member believes that it has the right to post and use such material from the copyright owner or the copyright owner’s agent, the Member must send a counter-notification containing the following information to the Designated Copyright Agent listed below: A physical or electronic signature of the Member; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; A statement that the Member has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and Member’s full name, address, telephone number, and, if available, e-mail address; and A statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Member’s address is located, or if the Member’s address is located outside the United States, for any judicial district in which Smarp is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Copyright Agent, Smarp may send a copy of the counter-notice to the party originally claiming infringement informing that person that Smarp may replace the removed material or cease disabling it in 10-14 business days. Unless the copyright owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10-14 business days after receipt of the counter-notice, at Smarp’s full discretion. Designated Copyright Agent for Making a Counter-Notice: Xigua Mobile ,Inc. 244 Fifth Avenue, Suite 2371 New York, NY 10001 legal@smarp.com