Guide for Complaints in Tiger Community

Guide for Complaints in Tiger Community
 
Date of this version Updated: 1 July 2021
 
Tiger community, as an Internet service provider, aims to provide platform services where users could communicate within their local laws and regulations. If Tiger community user publishes or uploads contents with an illegal (including infringing) or similar information, please follow the following guidelines to file a complaint with Tiger community.
 
1. Instructions
 
1) When providing the Internet platform services, Tiger community receives and processes a large amount of information on a daily basis. If you file a complaint by means other than those described in this guidebook, including but not limited to mailing or sending any notice to Tiger community staff and affiliates, and the social media accounts hereof, Tiger community may not be able to assure the processing period or avoiding any omissions, and Tiger community will not be responsible for any consequences thereof. Tiger community does not recognize or accept any prescription requirements, adverse consequences or any other liabilities alleged by in the foregoing complaint applications.
 
2) Tiger community shall not be obliged to accept and provide feedback on complaints which do not comply with the standards for "effective notice" stipulated in local laws, judicial interpretations, regulations and regulatory documents.
 
3) Tiger community shall not be obliged to accept and provide feedback on any complaints that are not submitted in writing.
 
2. Effective Means of Complaining
 
Tiger community provides two ways to receive complaints and then to designate a dedicated staff for the case. Complaints submitted by other means will not be accepted by Tiger community at present. Please file complaints by the following means:
 
1) Complaint Button: Tiger community provides such button around the bottom right corner of each post published by users. If you find a post constitutes illegal (including infringement) information or negative information, you are welcome to click on the button to complaint.
 
2) Service Email: Tiger community sets up an email (service@laohu8.com) to accept complaints and reports related to illegal (including infringement) and negative information.
 
3. Detailed Complaint Instructions
 
1) The complainant shall be responsible for the objectivity and authenticity of the matters complained about and bear the burden of proof for the clues and causes of complaints.
 
2) When submitting a complaint application, the complainant needs to provide a link to the matters complained about or basic proofs such as relevant explanations and screenshots that are sufficient to accurately locate the infringing matter, as well as other supporting evidence.
 
3) Generally, the complainant is not required by Tiger community to provide his/her identity information, except for complaints about infringement of personal rights.
 
4) If the complainant requests Tiger community to provide personal information of the respondent in its complaint application, we will proceed in accordance with the Appendix: Users' Personal Information Processing in Dealing with Infringement Complaints/Lawsuits.
 
4. Complaint Description
 
1) If any complaint relates to an infringing case and the Complainant is the infringed (or the agent), the Complainant shall:
 
A. The identity information of the complainant, the agent and the authorization documents shall be provided.
 
B. In the complaint application, the complainant shall specify the types of rights that the information complained about has infringed (such as right of information network dissemination, copyright, right of reputation, right of portrait, and right of privacy).
 
C. In the complaint against the intellectual property infringement, the complainant shall also provide documentary evidence of the complainant's ownership of the relevant intellectual property rights (such as copyright registration certificate, trademark registration certificate, patent certificate, and other valid evidence that can prove that the complainant owns the relevant intellectual property rights).
 
D. The complainant shall also provide Tiger community with an express disclaimer of liability.
 
E. In response to questions or comments feedback from Tiger community from time to time, Complainant should submit additional necessary evidentiary material that will help further determine whether there is a real infringement.
 
2) Tiger community has the right to, and may from time to time, give feedback to Complainant on relevant questions or comments and request the Complainant to submit additional evidentiary materials, and Complainant should cooperate.
 
3) Within the reasonable period after the notification by Tiger community, if the Complainant does not submit necessary evidentiary materials or seriously overdue, or it is still difficult to prove the infringement on the additional evidentiary materials submitted, Tiger community has the right to deem the complaint as invalid.
 
5. Time limits and feedback procedures
 
1) Tiger community will try the best to give a reply within 7 to 15 working days from the day following receipt of the complaint submitted by the complainant via the service email (service@laohu8.com); for complicated cases, there might be more times needed.
 
2) Tiger community may inform Complainant of the results through station mail, email, or any other means Tiger community deems feasible. Complainant may also inquire about the results for themselves.
 
6. Complain processing principles
 
1) Tiger community respects and protects the right of users to communicate with each other freely in accordance with laws and regulations; however, users shall also pay attention to abide by the laws, regulations, Tiger Community Service Agreement and Code of Tiger Community, so as to avoid violations of laws and regulations or violations of the legitimate rights and interests of any third party.
 
2) Tiger community will try the best to handle complaints in a neutral and objective manner on the basis of the evidentiary materials submitted by the Complainant, but Tiger community does not make any guarantee.
 
3) There are two main types of measures taken by Tiger community to process complaints:
 
A. Where it can be clearly ruled that the contents complained about are infringing or untrue information based on the submitted materials, such information shall be deleted in accordance with the rules of Tiger community.
 
B. Where the staff are unable to clearly judge whether the contents complained about are infringing or untrue information based on the information and materials on hand, usually, such information shall not be deleted, but other measures deemed reasonable and necessary may be taken to maintain the fairness.
 
4) Specifically, after receiving a valid complaint application, Tiger community will contact the users against whom the complaint is filed through station mail or other contact information (if any) kept in Tiger community and inform them that they should submit the evidentiary materials supporting the contents and views stated in the complained posts:
 
A. If the users have not submitted the evidentiary materials as required, or the evidentiary materials they submitted can be deemed as unconvincing, Tiger community may delete or block the posts complained about.
 
B. If the users have submitted the evidentiary materials as required, but Tiger community is unable to confirm that they are unconvincing, Tiger community may request the complainant to make appropriate clarification and reply on the relevant matters. If the complainant has made the clarification and provided validly signed disclaimer according to this explanation, Tiger Community may delete or block the posts complained about in light of the actual situation.
 
5) As an Internet information service provider, Tiger community may not have the ability to make independent judgment of legal issues such as whether a content is in fact infringing. Tiger community accepts no liability for any disposition, or the ultimate results, of a complaint application except for manifest intent or negligence in violation of the laws and regulations.
 
7. Examples of Complaints that Tiger Community cannot Process (For information only)
 
Tiger community will not be obliged to process Complaints that feature either of the following characteristics, including but not limited to:
 
1) Those are not submitted by any of the means specified in this guide;
2) Those are not accompanied by any evidence regarding cause for the Complaint;
3) The main content is only catharsis of emotions, for example, "pure fabrication", "pure slander", "sub fictitious", "not in line with the facts" or other similar expressions, without providing any convincing evidence;
4) Those making a very broad complaint request but fail to provide a link to a specific content in dispute or other relevant information sufficient to accurately locate the content in dispute; and
5) Other circumstances that Tiger community in its reasonable judgment deems inadmissible.
 
8. Miscellaneous
 
1) This guide shall be effective as of the date of its update. Tiger community exercises its right to interpret and explain to the extent allowed by law.
 
2) Tiger community reserves the right to further revise this guide, and future revisions will be posted through the Tiger community website.
 
 
 
Appendix:
 
Users' Personal Information Processing in Dealing with Infringement Complaints/Lawsuits
 
When complainants file infringement complaints or lawsuits against users' posts to Tiger community, they usually require Tiger community to take necessary measures to deal with the posts involved, and also disclose the personal information of users complained against. Tiger Community follows the below rules when dealing with such requests:
 
1. In infringement complaint or lawsuit, will Tiger community disclose personal information of its user to the complainant based solely on the claims?
 
Tiger community will not disclose users' personal information to the complainants based solely on the complainant's claim, such as those in the Lawyer's Letter or C&D Notice. It is Tiger community's legal obligation to protect users' personal information.
 
2. In what circumstances will Tiger community disclose users' personal information in infringement complaint or lawsuit?
 
In the infringement infringement complaint or lawsuit, Tiger community will disclose users' personal information in accordance with laws and regulations under the following four circumstances:
 
1) Judicial or other public authorities issue an Order of Investigation, a Notice on Obtaining Evidence or other similar legal documents to Tiger Community, which require to disclose users' personal information in accordance with laws and regulations.
2) In the infringement lawsuit, Tiger Community may disclose users' personal information to the court according to law on the basis of the defense to present evidence and other legitimate grounds.
3) Users' personal information is required to be disclosed upon reasonable grounds and the consent of the users has been obtained.
4) It meets the circumstances where "prior consent is obtained for the sharing, transfer or publicly making available" as stipulated in local regulations.
 
Tiger Community is committed to not only respecting and protecting the personal information of users, but also providing an efficient processing mechanism for complainants to safeguard their legitimate rights and interests. Tiger Community will keep trying the best to clearly explain the standards and basis of handling relevant cases, and continuously improve the rules' feasibility while accept supervision from users and all parties.