Welcome to read the user agreement (Terms of Service) of 365tips website. This agreement details the terms and conditions that you must comply with when using the 365tips website with the domain name http://www.365tips.com (hereinafter referred to as the "website" or "365tips website").
1.1 After the users are successfully registered, the website will provide services for the accounts that users offered according to the requirements of registration when they are applying and registering for the website services based on their objective needs of using the services. On the basis that the website operator agree to operate and provide, users have the rights to use the website services, and meanwhile, users shall agree that:
1.1.1 Websites accounts and password should be kept properly
1.1.2 Without the consent of the website operator, users are not allowed to buy, sell, transfer or rent any website account.
1.1.3 In the process of using the service, users shall bear full responsibility for his own use of the service, any information released and disclosed by the user through the website service, and for any consequences arising therefrom.
1.1.4 Through setting , users can confirm and control the disclosure method and visible scope of the information submitted, released or displayed in the process of using the service.
2.1 In the process of using the service, users enjoy legal rights and bear corresponding legal responsibilities for their own use of website services and any information released or disclosed through website services. At the same time, users agree that:
2.1.1 The website operator has the right to use the content ( that is, information that the users have released on the website, such as text, pictures, videos, audio,etc.).
2.1.2 Users shall not, on their own or authorize, assist any third-party in illegally crawling the content of the website. “illegally crawling” refers to behaviors of obtaining content and data through technical means such as programs or abnormal browsing.
2.2 Within the scope permitted by laws and regulations, users agree and authorize the website operator to take any form of legal action on the infringement of users’ legitimate rights and interests (including but not limited to unauthorized copying, use, editing, plagiarizing, etc.), including but not limited to complaints, litigation and other necessary right-protection measures.
2.3 In order to improve users’ experience and satisfactory of using the website services, users agree that the website operator can conduct investigations, research and analysis on user data.
2.1 The specific content of website service is provided by the website operator according to the actual situation, including but not limited to users using service to view opinions and pictures, etc, operator has the right to upgrade or make other adjustments to the services or product forms it provides, and will update the web page /notify users in time.
2.2 Part of the services provided by the website operator are paid network services. Users need to pay a certain fee to website operator to use this paid network services. For the network services that needed to pay, the website operator will provide users with clear prompts before they using them. Only when users confirm that they are willing to pay relevant fees according to the prompts, can they use that kind of services. Website operator has the right not to provide users with such paid services if the users refuse to pay relevant fees.
2.3 Users understand, that the website operator only provide technical services that related to website services, apart from that, equipments related to relevant network services (such as PC, mobile phone and other devices that related to access to the internet or mobile network) and the required fees ( such as telephone and internet fees that paid for internet access, mobile phone fee paid for using mobile network) shall be borne by users themselves.
3.1 In view of the particularity of network service ( including but not limited to the stability of the server, existence of malicious network attacks and other circumstances beyond the control of the website operator), users agree that website operator has the right to interrupt or terminate part or all of the services (including paid network services) at any time. In the event of such a situation, the operator will notify the affected users via web announcements, system notifications, private messages, SMS or other reasonable methods as soon as possible.
3.2 Users need to understand that, website operator need to, on a regular or irregular basis, maintain and overhaul platforms (such as Internet websites, servers, etc.) or relevant devices that provide website service, If the service is interrupted within a reasonable time due to such circumstances, the operator shall not bear any responsibility for this, but the operator shall notify in advance as far as possible.
3.3 In the event of any of the following circumstances, the website operator has the right to interrupt or terminate the provision of the website services ( including paid and free services) under this agreement to the users without any liability to users or any third party, and the loss thus caused shall be borne by users independently:
3.3.1 The personal information provided by the users is untrue;
3.3.2 Users violate the laws, regulations, national policies or usage rules stipulated in this agreement.
3.3.3 Users fail to pay relevant fee according to the regulations when using the charged service
3.3.4 Users infringe on the legitimate rights and interests of individuals, enterprises and institutions, or social organizations, including but not limited to rights of patent, copyrights, rights of trademark, rights of name and reputations, rights of honor , rights of portraits, rights of privacy, etc.
3.3.5 Users damage the images of regulatory agencies, state organs and government.
3.3.6 Users damage the legitimate rights and interests of the website operator and its affiliated companies, such as the goodwill or reputation, in any way.
3.3.7 Other reasonable reasons the website operator believe that it need to interrupt or terminate the provision of services to users.
3.4 If users do not actually use the website services for any consecutive 90 days after applying for the website services, within the scope permitted by laws and regulations, the website operator has the right to choose to implement any of the following methods:
3.4.1 Take back the user nickname.
3.4.2 Take back the user account. 3.4.3 Stop providing services to that user.
3.5 For users who choose to bind the website account with the third-party accounts that the website operator cooperate with, in addition to users’ own unbinding behaviors, in case of any of the following circumstances, users bound third-party accounts may also be unbound, and the operator does not need to bear any responsibility to the users or any third-party:
3.5.1 Users violate laws, regulations, national policies and this agreement.
3.5.2 Users violate third-party user agreement or relevant regulations.
3.5.3 Unbinding requirement by the sites that third-party accounts belong to. 3.5.4 Platform or business to which third-party accounts belong has been shut down. 3.5.5 Requirements of competent authorities or according to laws, regulations, national policies .
3.5.6 Website operator has reasonable grounds to believe that it needs to be unbound.
4.1 Users can edit the account name, nickname, profile pictures and introduction etc.( hereinafter referred to as “account information”) in the registration information on their own, but they shall abide by relevant laws and regulations and must not contain illegal or harmful information.
Users should use the real identity information and personal data to register the website account, and shall not register with false or fraudulent identity information; if there is any changes in the user's personal profiles, they should update it in time.
Without the authorization of the relevant right holders, users shall not register website accounts in the name of others, nor register accounts with misleading information, including but not limited to names, profile pictures and introduction ,etc that make people mistakenly believe that the account is associated with other individuals or organizations.
4.2 The website operator will establish a sound user information security management system ,implement technical security prevention and control measures and will protect the privacy of users involved in the process of using the website services.
For the content released or stored by the users on the website, the operator recommends users to make backups from time to time. Users understand and agree that if they voluntarily stop using the website service by using the account cancellation functionality or the service is cancelled or terminated, the website operator return or provide any data to the users.
4.3 To maintain the stable operation of the website and ensure the quality of user experience, without the written permission of from the website operator, no one is allowed to implement automated behavior on the website.
4.3.1 Automated behavior refers to the behavior of users who, without the consent of the website operator, on their own or authorize, assists a third party in adopting automated means or frequency that are obviously different from ordinary people, much higher than normal user of fetching data, etc. Users know and agree that the website operator has the right to determine whether the user account behavior constitutes an automated behavior based on technical rules or detection and verification, etc, and take relevant measures to deal with it. All data and information (including but not limited to account operational records, etc.) on which the treatment measures are based shall be subject to the website backend records.
4.4 Since the premise of the website services is the accounts provided by the users in the process of applying for the website services, users should not transfer their accounts and passwords to others. If users discovered that their accounts or services have been illegally used by others, they should immediately inform the website operator. If the accounts, passwords, and services are illegally used by others due to non-operator reasons such as hacking or user negligence in keeping, the user shall bear the relevant responsibility.
4.5 In order to better promote information sharing and promotion, users authorize the website operator to use the content on its associated products and services, and license the above content to a third party for the purpose of promotion. The afore-mentioned authorization of the users to the operator and its affiliated companies does not change the ownership and intellectual property rights of user’s released content, nor does it affect user’s exercise of their legal rights to the content.
4.6 In the process of using the website services, users shall respect other users' personal rights such as personality rights and identity rights according to law, and jointly establish a harmonious, civilized and polite network social environment.
4.7 In the process of using the website services, users must follow the following principles:
4.7.1 Do not violate local laws and international treaties or rules.
4.7.2 Do not violate network agreements, regulations, procedures and industry rules related to network services and website services;
4.7.3 Do not engage in any behavior that may adversely affect the normal operation of the Internet or mobile network;
4.7.4 Do not upload, display or disseminate any false, fake, harassing, slanderous, offensive, abusive, intimidating, racially discriminatory, slanderous, , disclosure of privacy, pornographic and obscene, malicious plagiarized, violent, bloody, suicidal, self-harm or any other illegal information data;
4.7.5 Do not infringe the legitimate rights and interests of any individual, enterprise, institution, or social organization, including but not limited to rights of patent, copyrights, rights of trademark, rights of name and reputations, rights of honor , rights of portraits, rights of privacy, etc;
4.7.6 Do not damage the image of state organs and governments at all levels in any way;
4.7.7 Do not in any way damage the legitimate rights and interests of the website operator and its affiliated companies, such as the goodwill or reputation;
4.7.8 Do not engage in any other behaviors that affects the normal operation of the website operator, disrupts the website business model or do harm to the website ecology;
4.7.9 Do not use website services for any other illegal purposes.
4.8 Regarding rules and instructions for the use of certain website services, any statement, notification, warning, etc. made by the website operator through various methods (including but not limited to web announcements, system notifications, private messages, SMS, etc.) are deemed as part of this agreement, if the users use such services, it is deemed that users agree to the content of such statements, notices, and warnings.
4.9 The website operator has the right to review, supervise and deal with user's behaviors and information of using the website services, including but not limited to user information (account information, text, pictures, personal information, etc.), user behavior (building relationship, release of marketing information, report of complaints, etc.) and others.
5.1 The website operator is the owner of the website platform and rights holder of website product ownership and intellectual property.
5.2 The above-mentioned product refers to the functions, softwares and services provided by the website operator, its affiliated companies, or its authorized subjects through the website, including but not limited to information release and sharing, relationship chain expansion, platform application, public open platform etc.
5.3 The website operator is the owner of all information content and intellectual property rights of the website platform and products. The fore-mentioned information includes but is not limited to program code, interface design, layout framework, data, account, text, pictures, graphs, charts, etc., except for the contents that shall be enjoyed by relevant right holder in accordance with laws and regulations.
5.4 In the process of using the website platform, users may use functions, software or services that are developed by third parties and run on the website. In addition to complying with the relevant provisions of this agreement, users shall also comply with relevant third-party regulations and respect the rights of third-party right holder to their functions, software, services and content contained therein.
7.1 Users should abide by national laws, regulations and policies when using the website services, and the behavior consequences caused by the use of the services shall be borne by the users themselves.
7.2 Users should make their own judgment on the illegal, immoral, wrong or other inappropriate information as well as the wrongly classified or deceptive content that may encountered on the website through the website service. In any case, any loss or harm caused by the aforementioned improper information shall be fully borne by the relevant actors.
7.3 In view of the fact that the content of the webpage pointed to by external link is not actually under the control of the website operator, the operator cannot guarantee the accuracy and integrity of the external link set up for the convenience of users.
7.4 The operator shall not bear any responsibility for the interruption of website services or other defects caused by force majeure or reasons beyond the control of the website operator, but shall try our best to reduce the loss and impact caused to users.
7.5 The website operator shall be responsible for the products and services provided to users in accordance with the law, unless otherwise stipulated or agreed by law.
8.1 If the website operator violates relevant laws, regulations or any terms under this agreement and causes loss to the users, the operator shall be responsible for the damages caused to the users.
8.2 Users agree to protect and safeguard the legitimate rights and interests of the website operator and its affiliated companies and other users, if the users violate relevant laws, regulations or any terms under this agreement and cause loss to the operator and its affiliated companies or any other third parties, the users agree to be liable for damages caused thereby.
8.3 Unless as otherwise agreed in this agreement, if the website operator discovers or receives a third-party report or complaint that the user has or is suspected of violating the obligations, guarantees, commitments or other terms agreed in this agreement, users shall correct and eliminate the influence within the time limit specified by the website operator; if the users fails to correct within the time limit mentioned above, the operator or its authorized subject shall has the right to take all necessary measures immediately based on its reasonable judgment to reduce or eliminate the impact of users’ behavior, and will inform users as much as possible after taking measures. The loss and consequence caused by this shall be borne by the users independently.
8.4 The “all necessary measures” mentioned in 8.3 in this agreement include but are not limited to one or more of the following:
8.4.1 Change, delete or block relevant content;
8.4.2 Warning or banning illegal accounts;
8.4.3 Freezing users account funds to make up for the losses caused by users to website operators, their affiliated companies and others;
8.4.4 Change, restrict or ban some or all functions of the illegal account;
8.4.5 Suspend, restrict or terminate the user's right to use website services, cancel users accounts, etc.
8.4.6 Report to relevant regulatory agencies or state authorities.
8.4.7. Other measures deemed reasonable by the website operator.
9.1 The website operator has the right to modify any term of this agreement at any time. Once the content of this agreement changes, the operator will publish the modified content on the website, and the operator can also choose to notify the users of the modified content through other appropriate methods (such as system notification).
9.2 If do not agree with the modification of the relevant terms of this agreement by the website operator, users have the right to stop using the services. If the users continue to use the services, it shall be deemed that the users accept the modification by the operator to the relevant terms of this agreement.
10.1 Under this agreement, all notices from the website operator to users can be made through webpage announcements, system notifications, active contact with management accounts, mobile phone text messages or regular mail transmission; such notifications are deemed to have been delivered to the recipient on the date of sending.
11.1 The conclusion, execution, interpretation and dispute resolution of this agreement shall be governed by the laws of China (Hong Kong).
11.2 In case of any dispute between the two parties on the content of this agreement or its implementation, both parties shall try their best to resolve it through friendly negotiation, if the negotiation fails, either party can resolve it to regional legal channels.
12.1 If any term in this agreement is completely or partially invalid or not enforceable for any reason, the remaining terms in this agreement shall still be valid and binding.