The rapid development of cloud computing heralds that we are marching towards the data technology (DT) era whose focus is on activating the productivity from the control-oriented IT era. It's a technology upgrade and a tremendous reform in ideology as well. Storing data on the cloud platform symbolizes that the DT era is really coming.
Alibaba Group officially launched the Tianchi Big Data Crowd Intelligence Platform in 2014, which opens its big data (data from Alibaba and third parties) and distributed computing resources to the academics based on Aliyun’s ODPS, aiming at building a leading platform of "crowd intelligence and crowd innovation".
"Tianchi" services include: Big Data Competition, Data Lab, Curriculum Cooperation, and Data Talents Certification. Here everyone can enjoy big data and explore new models of crowd innovation.
Tianchi Big Data Competition is a high-end algorithm competition for global researchers. It provides participants the opportunity to solve various social and business problems with big data generated from real-world scenarios and the Tianchi distributed computing resources. Particularly excellent solutions will have the opportunity to directly go live on e-commerce websites under Alibaba (including Taobao, Tmall etc.) or platforms of third-party partners to serve hundreds of millions of users worldwide.
In 2015, Tianchi Big Data Competition will be fully upgraded to the Golden League, which includes data mining competitions in three different scenarios. The League will combine independent and league competition systems, simulate the mobile e-commerce, Internet finance, big data marketing and other real-world business scenarios to detonate the power of the new generation.
What is the use of big data? Here you have the final say. No computing platform? We provide it to you. Tianchi Data Lab has accumulated massive business data and will provide distributed computing resources, only to broaden the boundaries of science and technology and ignite the entrepreneurial dream.
We join hands with universities and research institutes to conduct courses related to data mining/machine learning to promote the cultivation of data talents, tap the potential reserve of data and computing power, accelerate the integration of production, learning and researches. Tianchi provides data sets, distributed computing resources, specialized knowledge and documentations related to computing platforms. Teachers and students use the data sets and computing resources via online cloud computing platforms to fulfill their day-to-day teaching requirements. It enables the students to have practical operations and applications while acquiring the theoretical knowledge.
The data talents certification is a professional personnel certification system for Tianchi members. The higher the member’s tier is, the more rights he/she can enjoy. The certification standards are based on the accumulated points gained by participating in competitions, joining in the Data Lab, etc. Rules:
Less than or equals to 500 point with real-name verification
More than 500 points
At least 2 Top 10% in public competitions (the base is the quantity of teams on the leaderboard at the end of the competition)
At least 3 Top 3 in public competitions
At least 3 Top 1 in public competitions + presentation to Tianchi Committee
Note: Rights corresponding to data professional personnel of different certification tiers will be further improved. Tianchi reserves all the rights for any change in the rules.
Before using the Tianchi Platform, you should carefully read and follow all contents of the agreement. Please prudently read and fully understand all clauses, especially clausesin bold and underlined, including but not limited to clauses on the removal of or restriction on the liability of Alibaba, the restriction on user rights, confidential information, settlement of disputes and application of laws. In case of any doubt about any clause hereof, please inquire Alibaba via contact details officially released by Alibaba, and Alibaba will explain contents of the clause for you. If you disagree about any content hereof, or cannot accurately understand the explanation of any clause made by Alibaba, please do not conduct any subsequent operation. Otherwise, it means that you have accepted the following terms and conditions, and have agreed to be bound by the agreement. Then, you sall not claim that the agreement is invalid nor advocate revocation of the agreement on the excuse of not having read the contents of the agreement or not having obtained any reply from Alibaba to your inquiry.
Issued on: March 20, 2015
1.1、 The Tianchi Platform Service Agreement (hereinafter referred to as “the Agreement”) is hereby concluded, in order to regulate all activities conducted by any user of the Tianchi Platform (hereinafter referred to as “the User” or “you”) via the Tianchi Platform, including but not limited to activities taken place in the AliData Discovery, data lab and etc. (hereinafter collectively referred to as “the Tianchi services”), define rights and obligations of the User, create a regulated, orderly and safe Tianchi Platform environment, and secure legitimate rights and interests of the User.
2.1、 The Agreement is concluded by and between Alibaba Cloud Computing Ltd. (hereinafter referred to as “Alibaba”) and the User.
3.1、 You may click for confirmation on a webpage or accept the Agreement in other ways, including but not limited to using Tianchi services without clicking for confirmation of the Agreement, which means that you and Alibaba have reached a consensus and agreed to accept all contents hereunder. The Agreement shall take effect as of the time when you confirm your acceptance or begin to use Tianchi services (whichever is the earlier).
3.2、Contents of the Agreement include the main body of the Agreement as well as all rules, notices, announcements of the Tianchi Platform and so on (hereinafter collectively referred to as "the rules”) which Alibaba has issued or may issue in future. All the rules shall form an integral part of the Agreement, and shall have the same legal force as the text of the Agreement. Alibaba shall have the right to formulate and amend the Agreement and/or all the rules in accordance with its demands from time to time. In case of any alteration, Alibaba will make an announcement on the website, and will not inform you separately. Once issued, the Agreement and the rules being altered shall automatically take effect, and constitute an integral part of the Agreement. If you disagree about any alteration, you shall stop using the Tianchi services immediately; if you continuously use the Tianchi services, it will be deemed that you do not object to the Agreement and the rules being altered and agree to comply with them.
4.1、 Tianchi Platform (hereinafter referred to as “Tianchi”): a big data infrastructure platform launched by Alibaba for the usage of organizing different types of AliData Discovery and different scientific research projects based on big data, with the domain name of Tianchi. aliyun.com (or any domain name used by Alibaba according to business demands from time to time).
AliData Discovery: one of services of the Tianchi, is a high-end data competitions conducted on the basis of mass data owned by the Tianchi. The User may try to solve real business and social problems by virtue of the big data and relevant infrastructures of the Tianchi.
4.3、 Data lab: one of services of the Tianchi, with which the User may conduct scientific researches based on big data according to the scientific data sets.
5.1、Save as specially agreed by Alibaba in writing, the User shall meet the following conditions in using the Tianchi services:
5.1.1、The User has a normal and usable Taobao account or Aliyun account; and
5.1.2、If Alibaba has any additional requirement for the use of certain services of the Tianchi, the User may not use such services until meeting corresponding requirements.
5.2、 If any third party has any restriction on the User’s usage of Tianchi services and/or its relevant functions, the User shall also follow such restrictions. In that light,the User needs to independently and prudently judge whether the use of the Tianchi services and/or its relevant functions will constitute infringement upon any third parties or any breach of contractual obligations, etc., and shall bear corresponding consequences and liability independently.
5.3、With the view of secure further service delivery of Tianchi, the User shall provide necessary identity information, any certification and/or qualification license and so on if required by Alibaba. The User understands and recognizes thatAlibaba shall only conduct formal examination of the information, certification and/or qualification license provided by the Userwith a level of knowledge equals to common or non-professional persons, which does not mean that Alibaba is obliged to or has professional ability to ensure that the User will not constitute any infringement upon any third parties or any breach of contractual obligations, etc. while using the Tianchi services;meanwhile, Alibaba reserves the right to selectively examine, require the User to supplementarily provide and promptly update the information and qualification documents. The User shall undertake all responsibilities for the authenticity, legality, effectiveness and completeness of the information, the certification and/or qualification license provided and so on. If Alibaba finds that the information, certification, materials, etc. of the User are false, incomplete or invalid, Alibaba shall have the right to immediately terminate the Agreement and punish the User according to relevant rules.
5.4、Alibaba shall have the right to selectively examine the User and your identity information, qualification information, etc.In the case of any problem or reasonable doubt, Alibaba shall have the right to send a notice of inquiry or requiring the User to make corrections, or directly make decisions such as termination of the User’s competition or scientific research projects.
6.1、Save as otherwise stipulated hereunder, the Tianchi services provided by Alibaba for the User include but are not limited to:
6.1.1、For AliData Discovery:
（1）Provide the User with several data sets for competitions, which are available for download;
（2）Based on the competition agenda and specific situations of the User to approve or refuse the User’s application for using full data sets; after obtaining authorization, the User shall conduct the AliData Discovery in accordance with the rules of the platform on which full data sets are stored;
（3）Provide competition environment and relevant technical supports; and
（4）Provide other services throughout the AliData Discovery.
6.1.2、For Data lab:
（1）Provide sample data, which is available for download, for the User to conduct scientific data research project;
（2）Approve or refuse the User’s application for the use of full data sets based on the User’s scientific research ability; after obtaining authorization, the User shall conduct any scientific research project in accordance with the rules of the platform on which full data sets are stored; and
（3）Provide other services via the data lab.
6.1.3、By taking part in the AliData Discovery and data lab, the User may obtain Tianchi data talent certification according to the data talent certification rules of the Tianchi Platform.
6.2、The User agrees that Alibaba reserves the right to independently increase, delete, amend, upgrade, transfer, suspend and terminate product contents, data contents, function module and so on of the Tianchi services at any time; and reserves the right to suspend the provision of the Tianchi services due to regular and/or irregular maintenance, and/or any adjustment of national laws and regulations, policies or data disclosure policies of Alibaba Group. Alibaba further reserves the right to develop new services, modules, functions or services provided via other languages, etc. on the Tianchi Platform. Save as otherwise specified by Alibaba, the Agreement shall apply to the provisions of all of the aforesaid new services, modules and functions.
If Alibaba makes any of the aforesaid adjustments to the Tianchi Platform, it will make an announcement on the webpage of the Tianchi Platform in advance (within a reasonable period), and will not inform you separately. Once going online, adjusted contents shall automatically take effect. If you disagree about any of the aforesaid adjustment, you shall stop using the Tianchi services immediately; if you continuously use the Tianchi services, it will be deemed that you do not object to the adjusted contents and agree to comply with them.
7.2、The User shall only use the Tianchi services after logon your aaccount (logon name + password). The identity of the subject that uses the Tianchi services shall only be defined according to the logon account. The account with access to the Tianchi services shall be used by the User only, and shall not be transferred, leased or lent to any third party in any form. The User shall properly keep your logon name and password,and bear all liability for all behaviors conducted by any party using the account and password. If the account encounters any unauthorized visit, use or other safety problem, the User shall immediately notify Alibaba. Moreover, you agree and confirm that unless your account is stolen due to an error of Alibaba, Alibaba will not bear any liability for any direct or indirect loss or damage incurred in the aforesaid circumstance.
7.3、The User represents and warrants that the User will meet the following requirement in using the Tianchi services. If Alibaba has any additional requirements for the usage of specific services of Tianchi, the User agrees to comply with the aforesaid requirements and shall use such services after having met the aforesaid requirements.
7.3.1、The User shall not simulate, amend, translate, adapt, lend, sell, sub-license, spread on information networks or transfer the Tianchi services, nor conduct reverse engineering, disassemble, decompile, decompose or try in any other way to find source codes of the Tianchi services;
7.3.2、The User shall not transmit, upload or store computer codes, files, scripts and programs with viruses, worms, Trojan horse viruses and other harmful contents;
7.3.3、The User shall not distribute a lot of unpopular or unsolicited e-mails, electronic advertisement or contents containing reactionary, pornographic and other harmful information by virtue of the Tianchi services provided by Alibaba;
7.3.4、The User shall not make use of resources or services provided by Alibaba to upload, download, store or issue any illegal, irregular, infringing, obscene, pornographic, immoral, deceptive, slanderous, unlawful threatening or unlawful harassment information or contents, etc., and shall not provide any conveniences (including but not limited to setting URL and BANNER interlinkage) for the issue of such information by any other person;
7.3.5、The User shall not establish or use relevant equipment or device to run procedures or processes irrelevant to the Tianchi services, or intentionally program malicious codes, which results in the occupation of massive internal storage of the Tianchi servers, CPU or network bandwidth resources, brings serious burden to the network, servers (including but not limited to local, nonlocal and international networks and servers), products/applications and etc. of Tianchi or other users of Tianchi, affects the smooth connection among Tianchi and the Internet Tianchi and certain network or servers, and internal network of Alibaba, or leads to shutdown of servers on which the Tianchi or other user’s website is located or inaccessibility of the User’s products/applications which are based on Tianchi;
7.3.6、The User shall not perform any conduct that undermines or attempts to undermine network security (including but not limited to phishing, hacker, network fraud, website or network space containing or suspected of spreading viruses, Trojan horse viruses and malicious codes, and suspicious attack to other websites and servers through virtual servers);
7.3.7、The User shall not make or attempt to make any change to Tianchi’s system configuration provided by Alibaba nor undermine system security;
7.3.8、The User shall not infringe upon the legitimate rights and interests of Alibaba and/or its affiliatesof Alibaba or any third party;
7.3.9、If any Tianchi service involves licensed usage of third-party data or software, the User agrees to be bound by relevant license agreement; and
7.3.10、The User shall not conduct any other illegal, irregular or improper behaviour.
7.4、In relation to algorithm, model and data while using the Tianchi services, the User represents and warrants to meet the following requirements:
7.4.1、The source of algorithms, models and data involved are legal and do not infringe upon the legitimate rights and interests of others (including but not limited to user privacy right), and the User shall obtain relevant permission or approval when necessary, and meet requirements of laws and regulations promulgated and updated from time to time. If required by Alibaba, the User shall provide relevant certification, agreement or qualification license, etc. in a timely manner. The User understands and accepts thatAlibaba only conducts formal examination of the its certification, agreement or qualification license; even if Alibaba has made an examination, it does not mean that Alibaba is obliged to or be capable to confirm that the User’s use or disclosure of algorithms, models and data is legitimate. The User shall consciously ensure and comply with the representations and warranties specified in this clause;
7.4.2、The algorithms, models and data used on Tianchi shall be safe, stable and effective, shall not contain viruses, worms, Trojan horse viruses and other harmful computer codes, documents, scripts and procedures, nor contain any characteristics of malicious software published by the Internet Society of China, and shall not damage relevant systems of Alibaba and/or its affiliates, nor damage the data of Alibaba and/or its affiliates or any other third party;
7.4.3、The User shall not attack or steal or obtain the data on the Tianchi Platform via any improper means;
7.4.4、While the Agreement is cancelled, terminated or revoked for any reason, if the User intends to delete any algorithms, models or data on Tianchi, you shall conduct it independently with functions of the Tianchi services; if the User needs the assistance of Alibaba on this matter, you shall notify Alibaba in advance;
7.4.5、If any judicial authority, administrative authority or third-party obligee claims that the algorithms, models and data used on Tianchi are suspected of infringement, etc., and informs Alibaba to delete part or all algorithms, models and data used by the User on Tianchi,Alibaba shall have the right to delete them in accordance with the requirement of the judicial authority, administrative authority or third-party obligee, with no need to bear any liability for breach of the Agreement.
7.5、The Tianchi does not have data backup function. The User understands and agrees that data backup and data storage is the User’s obligation and responsibility, instead of Alibaba’s. Alibaba shall not bear any liability for the process or results of data backup and storage of the User. The User understands and agrees that after the completion of a competition or scientific research project that the User takes part in, Alibaba shall delete all algorithms, models and data generated or used in the process of the competition or scientific research project from the Tianchi Platform.
7.6、The User shall carefully read specific rules (including but not limited to specific rules issued by the Tianchi Platform for each competition and scientific research project), relevant operation guidelines and instructions promulgated by Alibaba for each service of Tianchi, and shall operate according to relevant operation guidelines.
7.7、The User agrees to receive e-mails and information sent by Alibaba and/or its affiliates.
8.1、 Contents of confidential information:
All the information disclosed or provided by Tianchi to the User, trade secrets relating to the business of Alibaba and related companies, as well as all other information unknown to any third party obtained, known or exchanged by the User from the Tianchi Platform because of competitions, scientific researches and trust relationship,include but are not limited to:
8.1.1、 operation data, transaction data, user information (e.g. user ID, users list and user relations), technical materials, financial information, operation channels and schemes, software, programs, manuals, etc. of Alibaba and its affiliates;
8.1.2、 the information that Alibaba and its affiliates obtain from any third party and undertake confidentiality duties;
8.1.3、 any other secrets or proprietary information; and
8.1.4、 other information generally unknown to persons other than Alibaba and its affiliates and has not been officially published in public domain.
Both parties recognize the aforesaid information to be confidential information of Tianchi (hereinafter referred to as “the confidential information”), and such information is vital and has business value for Alibaba and its affiliates. Any disclosure or improper use of such information will result in serious influence and economic losses. The User agrees to keep the aforesaid information strictly confidential. If it is unable to decide whether some information is confidential, the User shall protect such information as confidential information.
8.2、The User shall properly keep the account and password for logging on the Tianchi Platform, and use them only for the subject studies applied for based on the Tianchi projects or competitions that the User take part in, and shall not give them to any third party for use in any way.
8.3、Contents other than confidential information:
For the avoidance of unnecessary disputes, the confidential information excludes:
8.3.1、the information already known to the general public without violating the Agreement;
8.3.2、the information that one party has already possessed or known and is not obliged to keep it confidential before receiving it from the other party; and
8.3.3、the information that one party obtains from any third party and is not obliged to keep it confidential.
Alibaba is responsible for the authenticity, applicability, completeness and reasonability of the confidential information, and hereof makes no expressed nor implied representations and warranties. Alibaba does not need to bear any liability for the User’s usage of the confidential information.
8.5、 Use and protection of the confidential information:
8.5.1、The User agrees to use the confidential information in the designated areas and scenes according to specific requirements of the Tianchi service projects, and shall not obtain or use the confidential information in a way not meeting requirements of the Tianchi, conduct imitation, reverse engineering, decompilation or try to decode source codes and potential information of the confidential information, or disclose, spread, sell transfer the confidential information to any third party in any way, or use the confidential information for any business purpose or to obtain any commercial interests, etc.If Alibaba has any additional requirements for the User’s use of some Tianchi services (or services provided by any other data platform involved in the Tianchi services), the User shall comply with the aforesaid requirements or use such services after meeting the aforesaid requirements.
8.5.2、The User ensures that all competitions and scientific research projects conducted on the basis of the confidential information are non-profit academic researches. The User is prohibited from using the aforesaid contents for any purpose not specified hereof.
8.5.3、The User shall consciously protect the aforesaid confidential information, and take all necessary security measures.
8.6、 Confidentiality period:
The User shall perform the confidentiality obligation for the confidential information from the date of validation of the Agreement until an external disclosure of such confidential information is made by Alibaba or its affiliates.
9.1、Save as otherwise agreed by both parties, the intellectual property rights of all achievements made by the User in the data lab shall belong to the User, but the User shall ensure that the User will use such achievements for academic research purpose only, and shall state clearly that such achievements are made on the Tianchi Platform. The User hereby undertakes not to conduct any commercial activity or obtain business interest by virtue of such research achievements; otherwise, Alibaba shall reserve the right to exercise recourse and claim relevant rights against the User. Moreover, the User hereby irrevocably authorizes Alibaba and its affiliates, for the purpose of cooperative studies, business purposes, etc., to freely use the intellectual property rights of all the aforesaid achievements worldwide in an indefinite period, without restrictions. Alibaba and its affiliates shall enjoy complete intellectual property rights for new achievements made by using the aforesaid intellectual property rights. If Alibaba and its affiliates intend to obtain complete intellectual property rights of any research achievement made by the User, the User agrees that Alibaba has the right of pre-emption under equal conditions, such transfer matters shall be otherwise determined by both parties upon negotiation.
All intellectual property rights generated during the User’s participation in the AliData Discovery shall be otherwise determined in accordance with the rules, statements and etc. issued by the Tianchi Platform during thecompetition.
9.4、The User shall ensure that the achievements made while taking part in competitions or doing researches do not infringe upon legitimate rights and interests of any third party. If any third party makes a claim, institutes legal proceedings or may institute legal proceedings against Alibaba and its affiliates concerning such achievements, the User shall bear all the liability and losses thereby incurred to Alibaba and its affiliates, and the Tianchi may immediately notify the User to terminate the Agreement.
9.5、Responsibilities and obligations of the User under this article shall survive the termination of the Agreement, and be fully binding upon the User.
10.1、Save as otherwise agreed by both parties, if the User fails to fulfil any of its obligations, undertakings, warranties, etc. as specified in the Agreement and rules of the Tianchi Platform, Alibaba shall, in accordance with the circumstance, especially actual losses incurred to Alibaba, any other user or relevant third party, have the right to unilaterally take one or several of the following measures at its own discretion:
10.1.1、deleting algorithms, models and data;
10.1.2、requiring the User to change or amend contents immediately;
10.1.3、restricting or suspending the User’s use of the Tianchi services (including but not limited to direct restriction on or suspension of some services, withdrawal of relevant resources, restriction on operations of the User’s account, with specific measures and disposal methods subject to the notice of the Tianchi );
10.1.4、terminating the User’s use of the Tianchi services andthe Agreement;
10.1.5、prosecuting the User for legal liability; and
10.1.6、taking other disposal measures Alibaba deems appropriate.
10.2、If Alibaba finds any abnormal use of the User’s account, including but not limited to frequent logon in a short time, frequent logon with different IP addresses and etc., Alibaba shall have the right to take restrictive measures and suspend the use of the abnormal account at Alibaba’s own discretion for the purpose of ensure security of the User’s account and the Tianchi Platform. During the period of suspension, the User may submit written explanation and relevant certifications to Alibaba. Alibaba shall unilaterally judge the User’s explanation and certifications with the standard knowledge level of common or non-professional persons, and make a decision of resumption of use or maintenance of suspension measure or process in accordance with Paragraph 1 of this article.
10.3、If the User illegally accesses, publishes and/or uses relevant algorithms, models and data, plagiarizes or embezzles achievements of others, or embezzles the identity information of others to take part in competitions or scientific researches, which is in violation of laws and regulations or the Agreement, or if the User’s behavior may infringe upon personal privacy, any business secret or rights and interests of any other user, Alibaba shall have the right to directly terminate the Agreement and the Tianchi services, require the User to immediately delete, or directly delete relevant algorithms, models and data. The User shall independently bear all the liability, and compensate for losses incurred to Alibaba, any other user or any third party.
10.4、As for the information suspected of illegality, infringing upon legitimate rights and interests of any third party, breaching public order, good customs and social morality, which has been postedon Tianchi by the User, or other information Alibaba deems inappropriate, Alibaba is entitled to delete them or taken any other restrictive measure without giving notice to the User in advance.
10.5、If the User violates relevant laws, regulations, the Agreement or relevant rules and expose Alibaba to any losses, claims of any third party or punishments from any administrative department, the User shall make full compensations, including reasonable lawyer’s fees, for actual losses of Alibaba, any other user concerned or relevant third party.
10.6、The User understands and agrees that Alibaba has the right to unilaterally identify behaviors of the User with the knowledge level of common or non-professional persons, and rely on such unilateral judgement to apply relevant agreement and rules, with no need to seek the consent of the User or notify the User in advance. Alibaba’s application of relevant rules do not exempt the User from other legal liability that the User shall bear.
10.7、If the User uses or discloses the confidential information in violation of the Agreement, the User shall assist Alibaba in taking back the confidential information through all means, so as to stop further infringement upon the confidential information.
The User agrees that the use or disclosure of the confidential information without authorization will result in irreparable losses and material damages to Alibaba and/or its affiliates. In addition to all statutory compensations, Alibaba and/or its affiliates shall be entitled to apply to a people’s court with jurisdiction for injunction or proper relief for any actual or probable violation of the Agreement, on the basis of reasonable judgment. Regarding the breach of the Aagreement, the User shall bear the liability of full compensations, including but not limited to lawyer’s fees, for all losses and damages probably suffered by Alibaba and/or its affiliates. Moreover, the Tianchi shall be entitled to terminate the Agreement after notifying the User.
11.1、The User agrees to independently undertake all risks and consequences for the upload, development, operation, management, storage and maintenance of algorithms, models and data. Alibaba shall not be responsible for or be obliged to bear any liability for any inaccurate or incorrect contents uploaded, operated or issued by the User on the Tianchi, no matter whether such inaccuracy is caused by the User or any equipment or application used by or connected with relevant algorithm, model, etc.
11.2、Alibaba shall try its utmost to provide security measures on the basis of existing technologies and to guarantee the security of service and proper operation. In view of possible computer viruses, network communication faults, system maintenance and other factors, plus improper operation of the User or the User’s unauthorized use of the Tianchi services, and possible force majeure event, Alibaba hereby states that Alibaba does not make any express or implied guarantees for the services, including but not limited to guarantees for the continuity, accuracy, reliability, applicable for certain purpose, etc. of the services. Alibaba shall not bear any liability for any damages incurred by any of the aforesaid circumstances, including but not limited to losses in respect of profits, goodwill, use, data, etc. or any other intangible losses (no matter whether Alibaba has been informed of the possibility of such damages).
11.3、In any circumstance, Alibaba shall not be held liable for any indirect, consequential, exemplary, occasional, special or punitive damages, including but not limited to the reputational loss, loss of profit, etc. suffered by the User due to the use of the Tianchi services (even if Alibaba has been informed of the possibility of such losses).
11.4、The User agrees that the Tianchi’s negligence or reluctance of exercising its rights and/or obtaining compensations according to the Agreement or legal provisions do not mean that Tianchi waives such rights or compensations, or any other rights or compensations. Seperate or partial exercise of rights and/or obtain compensations according to the Agreement or legal provisions do not hinder the Tianchi from further exercising rights or obtaining compensations in future, or exercising other rights or obtaining other compensations.
12.1、The Agreement shall be terminated under any of the following circumstances:
12.1.1、Natural termination: If the Taobao Platform Service Agreement/Aliyun Website Service Terms signed online is/are terminated for any reason, and affect the use of the User’s account, the Agreement shall be terminated simultaneously;
12.1.2、Termination by notice: Alibaba may terminate the Agreement by sending a written notice 15 days in advance, with no need to bear the liability for breach of the Agreement.
12.1.3、Unilateral termination right: In any of the following circumstances, Alibaba shall have the right to immediately terminate the Agreement, and punish the User according to relevant rules:
(1) The User breaches any undertakings or warranties hereunder, including but not limited to any agreement hereunder;
(2) The User breaches relevant provisions of rules, statements and etc. undertaken or warranted on the basis of competitions or scientific research projects;
12.1.4、 Where Alibaba terminates the Agreement prematurely with the User who breaches any laws, regulations or any agreement hereunder, once it is found that the User logs on the Tianchi directly, indirectly or in the name of others after termination of the Agreement, Alibaba shall have the right to directly and unilaterally stop providing services for the User.
12.1.5、 If contact information filled by the User at the time of logon does not exist or cannot be used to receive information while used by Alibaba for contacting the User, and the User fails to provide new effective contact information within 3 working days after receiving the notice send by Alibaba, which notifies the User via other contact means (if possible) to update the information, Alibaba shall have the right to stop providing services for the User.
12.1.6、 The occurrence or realization of any other termination condition set out hereunder shall cause the termination of the Agreement.
12.2、Follow-up processing after termination of the Agreement:
12.2.1、After termination of services, Alibabais not obliged to retain any information in or relating to the original account of the User, or forward any information having not been read or sent to the User or the third party, or bear any liability for the termination of services to the User or any third party. The User shall independently and fully undertake any compensations and liability caused by any behaviour of the User before termination of services.
12.2.2、 No matter for what reason and in which way the services between Alibaba and the User are terminated, Alibaba shall have the right to decide at its own discretion:
（1）to save or not to save records of the User’s logon, identity information, operation behaviors on Tianchi and etc.;
（2）to require the User to immediately delete algorithms, models and data accessed to the Tianchi during the User’s logon as well as algorithms, models and data generated from the Tianchi and possessed by the User; and, to take measures such as deletion of the aforesaid algorithms, models and data without notifying the User.
12.3、 Alibaba shall have the right to transfer all rights and obligations hereunder to any related company of Alibaba, with no need to seeking the consent of the User in advance. Alibaba shall announce the transfer to the User via webpage.
13.1、All notices sent by Alibaba to the User may be served by means of e-mail, short message, and any other means provided by the User in the course of registration at the Tianchi; such notices shall be deemed as having been served to the recipient on the date of sending.
13.2、The User shall serve any notice to Alibaba according to the contact information officially published by Alibaba such as correspondence address, e-mail address and etc.
14.1、The validity, interpretation, alteration and execution of the Agreement and settlement of disputes shall be subject to the laws of the mainland of the People's Republic of China.
14.2、Alibaba and the User shall settle upon amicable negotiation of any dispute between both parties concerning the conclusion, performance or interpretation of the Agreement. If negotiation fails,Alibaba and the User shall agree that a people’s court at the location of defendant is the competent court of the first instance.
14.3、If any clause hereof is deemed as invalid or unenforceable, the said clause may be treat separatly, and other clauses shall still have legal force. Headings hereof are set for the convenience of reference only, and are not definitions, restrictions, interpretations or descriptions of scope or limit of specific clauses.