Nicetheme service agreement

Updated: October 11, 2021

introduction

Thank you for choosing nicetheme online service ("this service")! Before you use this service, it is very necessary to understand the services we provide and our expectations for you. We will try our best to use simple and understandable language to fully show you the contents of this agreement. We also hope that you will spend some time to become familiar with the terms of this agreement.

We hereby kindly remind you that we have used bold font to specially remind you of the clauses in this agreement that have (may) significant relationship with your rights and interests. Please pay attention to the key reference. You should use this service on the premise that you have confirmed that you have read the bold terms of this agreement and clearly understood the bold terms. If you have any questions or doubts about this agreement and this service, please contact us at any time. We have provided you with a variety of feedback channels and hope to provide you with satisfactory solutions:

• Manual customer service channel: You can contact our QQ customer service and online customer service during working hours (10:30-18:30) on weekdays;
• Special mail channel: we have specially set up hi@mail.nicetheme.cn Email, you can contact us by sending an email to the email address;

Unless you agree to all the terms of this agreement, you have no right to log in or use any nicetheme online service. By checking "Agree" (the specific wording is subject to the page), or by logging in, opening, and viewing, editing, saving, uploading, downloading documents when the service is opened, you agree to all the terms of this agreement and agree to be bound by them.

If you do not have full civil capacity due to age, intelligence and other factors, please read and judge whether you agree to this agreement with your parents or other guardians.

This agreement will help you understand the following:

• Nicetheme online service
• Account acquisition, security, management and cancellation
• Service opening
• Licensed geographical scope
• User behavior
• advertisement
• Used by minors
• Breach of contract and handling
• Limitation of liability
• Change of Agreement
• announcement
• other

The following terms are interpreted for your better understanding of this Agreement:

1. "Nicetheme"/"us": Shenzhen Jiayisi Network Technology Co., Ltd.
2. "Nicetheme online service account": refers to your nicetheme account and third-party account used to log in to the service. The nicetheme account is provided by nicetheme, that is, your website is https://nicetheme.cn/signup The account obtained by completing registration on. Third party accounts are provided by parties other than nicetheme, including QQ accounts, WeChat accounts, Sina Weibo accounts and other accounts that may be added later.
3. "You" or "User": refers to any or all natural person users who use the service.
4. "Organization": refers to legal persons and legally established institutions that do not have legal personality but have certain property to bear legal liabilities, including but not limited to government agencies, enterprises and institutions, partnerships, social organizations and other organizational users.
5. "Mainland China": for the purpose of this Agreement only, it refers to Hong Kong Special Administrative Region, Macao Special Administrative Region and other regions outside Taiwan within the People's Republic of China.
6. "Affiliate" means a company that from time to time (directly or indirectly) controls or is controlled by such party. Control means having more than 50% of the management or decision-making rights of the company (whether through voting rights, contracts or other means).

1、 Nicetheme online service

1. This service is provided based on Internet technology. This service mainly includes: member services, some services included in platform services, and other services that may be launched later and included in the scope of nicetheme online services. The specific services are subject to our actual provision. The services and products launched by us or our affiliated companies and/or third-party partners who have cooperative relations with us or our affiliated companies for you to log in and use with the nicetheme online service account belong to this service.

2. We may add, delete, replace or adjust the content and provision form of this service, modify and change the charging mode, charging standard and method of the service fees of the charging service according to the actual operation, and we may also start charging for the services provided by it that are currently free of charge. Before the aforesaid modification, change or charging, we will make a notice or announcement on the corresponding service page.

3. The use of this service will consume your terminal equipment, bandwidth and other resources. You should equip your own hardware and software and bandwidth, and bear the costs incurred, such as hardware and software purchase costs, bandwidth costs, phone costs, SMS costs (if any), etc.

2、 Account acquisition, security, management and cancellation

1. Account acquisition

1.1. If you log in to the service by registering a nicetheme account, you can fill in the information according to the prompts on the registration page, read and click to agree to this agreement, and complete all the registration processes. The nicetheme account you get is your nicetheme online service account.

1.2. If you log in to the service by registering or using an existing third-party account, your third-party account is your nicetheme online service account.

1.3. You can only become a registered user or member of this service through the official channels recognized by us.

1.4. If you do not have full civil capacity due to age, intelligence and other factors, please obtain the guidance and consent of your parents or other guardians before you register and apply for the nicetheme account and log in to the service.

2. Account security

2.1. Nicetheme online service account is kept by you. If your Nicetheme online service account and password are illegally used, attacked or defrauded by others due to your own behavior (including but not limited to sharing the same Nicetheme online service account by multiple people, installing illegal or unknown programs, etc.), you shall bear the losses and consequences arising therefrom.

2.2. We have the right to require you to carry out real name authentication at any time according to laws and regulations. You should cooperate and provide us with the relevant information required for authentication. You agree to authorize us to verify your identity, qualifications and other information to a third party.

2.3. Please be careful when binding your real name mobile phone, ensure that the authentication subject is consistent with the account user, and avoid any improper authentication behavior such as binding the nicetheme online service account you use under someone else's name. The mobile phone binding subject will be regarded as the subject who promises to be responsible for all acts under the nicetheme online service account. In case of disputes over the account or acts under the account (including but not limited to violations of laws and regulations, overdue payment of service fees, etc.), the real name authentication subject shall bear all responsibilities.

2.4. Some third-party websites or services may use the nicetheme account as one of their login channels. You know that these websites or services are not operated by us. You should judge the security and availability of such third-party websites or services on your own, and bear the relevant risks and responsibilities.

3. Account management

3.1. You should ensure that the name of nicetheme online service account and all your behaviors using nicetheme online service account do not violate the Administrative Measures for Security Protection of Computer Information Network and Internet, the Administrative Measures for Internet Information Service, the Administrative Regulations for Internet Electronic Announcement Service, the Decision on Maintaining Internet Security, and the Administrative Regulations for Internet News Information Service , Provisions on the Administration of Internet User Account Names and other relevant laws and regulations, the name of nicetheme online service account and the information you publish, disseminate or otherwise transmit through nicetheme online service do not contain the following contents: 1) Oppose the basic principles determined by the Constitution; 2) Endangering national security, divulging state secrets, subverting state power and undermining national unity; 3) Damage to national honor and interests; 4) Inciting national hatred, national discrimination and undermining national unity; 5) Those who undermine the state's religious policy and promote heresy and feudal superstition; 6) Spreading rumors, disturbing social order and undermining social stability; 7) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime; 8) Insult or slander others and infringe upon their legal rights; 9) Inciting illegal assembly, association, procession, demonstration, or gathering people to disturb public order; 10) Activities in the name of illegal non-governmental organizations; 11) Containing false, harmful, coercive, infringing upon others' privacy, harassment, infringement, slander, vulgarity, indecency, or other morally objectionable content; 12) Including other contents restricted or prohibited by Chinese laws, regulations, rules, regulations and any legally effective norms.

3.2. You should ensure that the name of your nicetheme online service account is not the name of the account that you falsely use, registered by an associated institution or a social celebrity.

3.3. You understand and agree that you are responsible for all the behavior results under the nicetheme online service account you use.

3.4. You may not transfer your nicetheme online service account for free or for free.

4. Account cancellation

4.1. You can only apply for canceling your nicetheme online service account and cancel it according to our relevant procedures.

4.2. You should still be responsible for your use of this service before you cancel your account.

4.3. After the cancellation is successful, the account information, personal identity information, document information, transaction records, membership rights, etc. will not be recovered or provided.

3、 Service opening

1. This service supports you to log in through the nicetheme online service account. After you accept all the contents of this agreement and the agreement (if any) attached to the specific services included in this service, you can use the nicetheme online service account to access some or all of the services of this service and obtain the account for some or all of the services of this service, Become a legitimate user of some or all of the service.

2. If you access some or all of the services of this service with multiple nicetheme online service accounts you own, you actually obtain some or all of the service accounts of this service. The above service accounts are independent of each other, and no information can be transferred, If you or the organization you serve pay the service fee for the service subscription in a service account, your other service account will not be able to enjoy the service subscription in the service subscription account.

3. You know and acknowledge that the various sub services included in this service, such as nicetheme member services, are independent of each other. If you or the organization you serve apply to open which service or services for your nicetheme online service account, the account only has the relevant privileges of that service or services.

4. Please be aware that the nicetheme online service account you applied for registration in mainland China is only for you to log in and use the service provided for users in mainland China, and you have no right to log in Use services provided by us or our affiliates and/or third-party partners who have cooperative relations with us or our affiliates for users outside mainland China; On the contrary, the service account you apply for registration and opening in countries/regions outside the mainland of China is only for you to log in and use the services provided by us or our affiliated companies and/or third-party partners who have cooperative relations with us or our affiliated companies for users outside the mainland of China, and you have no right to log in Use this service for users in mainland China. We or our affiliated companies have the right to judge whether you are a user in mainland China by the IP address, device ID, etc. displayed when you log in and use this service.

5. Please be aware that although we cooperate with the third party account provider, you use the third party account to access the service based on the trust of the third party account provider, and the validity, accuracy, security and availability verification of the third party account provider is the responsibility of the third party account provider, The account cannot be logged in and used to obtain the service due to the reason of the provider of the third party account. If the third party account, password or any of your content and information are disclosed or embezzled, you can only contact the third party for handling.

6. Please be aware that we are not responsible for keeping your account information used by the third-party account when accessing the service, and do not provide password retrieval services for third-party accounts other than the nicetheme.cn account. If your third-party account name or password is forgotten, lost or embezzled, you can retrieve the lost third-party account information through the explicit help path of the third-party account provider.

7. You know and acknowledge that if one or more of the services you have opened in your nicetheme online service account are allocated to you by the organization you serve, the organization you serve has the right to withdraw one or more of its allocated services at any time, and then you will be unable to continue to use one or more of the allocated services through this account, The disputes and losses arising therefrom shall be borne by the organization you serve.

8. You know and acknowledge that we will not bear any responsibility for the inability to use the charging service you ordered due to your loss of nicetheme online service account.

9. If you use a third party account to access the service, and the third party account provider terminates cooperation with us, we will make every reasonable effort to notify in advance and guide you to transfer the service to your existing other nicetheme online service account (if any), or to another nicetheme online service account opened with your cooperation. If you do not agree to the above transfer, We will terminate the service for you. If the service is terminated because you do not agree to the transfer, you will no longer be able to use any function of the service from the date of termination of the service, and we have no obligation to return any service fees (if any) that you have paid to us to obtain the part of the service charge.

4、 Licensed geographical scope

In any case, you use the nicetheme online service account to log in and use this service or any specific sub service contained in this service outside the mainland of China, which is beyond the scope of authorization to use this service or any specific sub service contained in this service, Therefore, if you use this service or any part or all of the specific sub services included in this service beyond the scope of authorization, we do not guarantee or guarantee whether you can log in or use this service normally or any part or all of the specific sub services included in this service.

5、 User behavior

1. Account login behavior

You know and acknowledge that we will set the upper limit for the number of devices you log in online to use this service and the frequency of remote login.

1.1. In order to ensure the quality of service, we recommend that you log in to the service through a nicetheme online service account with no more than 5 devices in total, and no more than 2 devices of the same kind in total; If any part or all of the specific sub services included in the service are subject to other equipment quantity restrictions, the specific equipment quantity restrictions of the service at that time shall prevail. Among them, devices of the same type refer to devices of the same type, mainly including ECS, virtual host, etc.

1.2. If your nicetheme online service account has frequent and multiple remote logins, we have the right to freeze the nicetheme online service account as appropriate.

2. Document content specification

2.1. When using this service, please do not upload, submit, publish, store, send, receive or share the following content:

2.1.1. There are contents required by the "seven bottom lines", such as illegal laws and regulations, socialist system, national interests, citizens' legitimate interests, public order, social morality and information authenticity;

2.1.2. Harassment, advertising information, excessive marketing information, information harmful to minors and junk information.

2.2. For the content you upload, submit, publish, store, send, receive, spread or share by using this service, we only review, review, analyze, discuss, etc. by ourselves or entrust a third party on the premise of relevant laws, regulations, national policies and other provisions or requirements of relevant national authorities, And has the right to provide such content to relevant state organs for review and use for the purposes they need. The act of viewing, reviewing, analyzing and discussing such content by ourselves or by entrusting a third party does not mean that we bear any review or warranty responsibility for such content, nor does it exempt you from the liability for breach of this agreement due to breach of this agreement.

2.3. For the works you upload, submit, publish, store, send, receive, disseminate or share through this service, we will respond to the clear and complete notice of copyright infringement accusation that complies with applicable laws and regulations. Please note that if you misrepresent any content or infringe the copyright of others, you will be liable for damages (including legal fees and attorney fees). Therefore, if you are not sure whether certain materials infringe the copyright of others, we suggest that you first communicate with professional legal counsel.

3. Other specifications

3.1. The way we announced to register, log on and use this service is the only legal way to register, log on and use this service. This service (including but not limited to account, points, and other services) you obtained through any other channel, any way, and any way is illegal. We do not recognize its effectiveness, and we have the right to delete, cancel You shall be responsible for any adverse consequences caused by clearing and sealing.

3.2. This service is only for your own use, and you have no right to transfer, lease, borrow, share or sell any part or all of this service to others in any way at any time.

3.3. You are not allowed to use nicetheme online service account, points and other services to make illegal profits by means of reselling, changing hands, replacement, mortgage, valuable transactions, etc. Once found, we have the right to seriously deal with, including but not limited to: freezing orders, deducting points, clearing points, and sealing numbers.

3.4. You should ensure that the following situations do not occur:

3.4.1. Use this service for illegal purposes or to promote dangerous activities;

3.4.2. Interfering with or obstructing the service or the server or network related to the service, or failing to comply with any requirements, procedures, policies or regulations related to the service or the network applicable to the service;

3.4.3. Acts endangering minors;

3.4.4. Any act that infringes on our legitimate rights and interests, including but not limited to the cheating and arbitrage of using the nicetheme online service account to swipe data in our activities such as promotion, lottery, gift giving, and task making;

3.4.5. Violation of the legitimate rights and interests of any third party;

3.4.6. Do not log in to the nicetheme online service account for a long time;

3.4.7. Other behaviors that we consider harmful or improper.

6、 Advertising

1. You acknowledge that we have the right to display advertisements through any of our products, any page, any location and/or when providing this service to you, whether for our own products/services or third-party products/services.

2. You agree that you should carefully judge the authenticity and reliability of the advertisements appearing in the service, and you should be responsible for the acts carried out due to the advertisements, unless otherwise specified by law.

3. You should be aware that the content displayed to you by advertisements as part of this service may be protected by intellectual property rights. You may not copy, modify, distribute, disseminate the content (in whole or in part) through the information network or create derivative works based on the content.

7、 Used by minors

1. We attach great importance to the protection of minors. We hope that minors can use this service under the guidance, supervision and consent of their guardians.

2. We rely on the guardian's supervision, guidance and guarantee for the minors to provide this service. The minors' use of this service and the exercise and performance of their rights and obligations under this agreement are deemed to have been recognized by the guardian. Therefore, All consequences arising from the use of this service by minors will be borne by minors and their guardians in accordance with the law.

3. We remind minors to be good at online learning when using this service, recognize the difference between the online world and the real world, and avoid indulging in the network and affecting their daily learning life.

8、 Breach of contract and handling

1. In case of any of the following circumstances, it shall be deemed as your breach of contract:

1.1. Violation of relevant laws and regulations when using the service;

1.2. Violating the legitimate interests of us and any third party;

1.3. Violate any agreement of this agreement.

2. You confirm and agree that we have the right to take one or more of the following measures in case of any of the above violations:

2.1. Take technical measures to delete, shield or disconnect relevant information;

2.2. Suspend or terminate part or all of the Service;

3. We do not need to return any service fees to you or the organization you serve. The unused service fees will be returned to us as liquidated damages.

4. If we or our affiliates are held responsible or our or their affiliates' interests are damaged due to any breach of your contract, you and/or the organization you serve should provide defense for us and our affiliates and compensate us and our affiliates. The amount of compensation includes all direct and indirect benefits you obtain from your breach of contract, The losses suffered by us and our affiliated companies as well as all reasonable expenses we need to pay, including but not limited to litigation costs, investigation costs, attorney fees, notarization fees, etc.

5. We will not bear any responsibility for any loss caused to you or a third party (including but not limited to communication interruption, loss, damage, clearing of user data, mail, virtual property and related data, or the inability to use related services), and we are not obliged to provide you or a third party with any content recovery or backup services;

6. We have the right to refer it to the relevant departments for handling in accordance with relevant laws and regulations, and we reserve the right to require you to bear corresponding legal responsibilities.

9、 Limitation of liability

1. Please understand the inconvenience caused to you by any of the following circumstances, which may cause your nicetheme online service account to be unable to log in or we cannot provide you with services under this agreement:

1.1. Regularly or irregularly inspect or construct relevant websites and servers of the service, update software and hardware, etc;

1.2. The server is damaged and cannot operate normally;

1.3. Sudden failure of software and hardware equipment and electronic communication equipment;

1.4. Network provider line or other faults;

1.5. To safeguard national security or the personal safety of other third parties;

1.6. Our compliance with the orders or requirements of government agencies;

1.7. Force majeure and other third party reasons.

2. You understand that this service is provided according to the current situation of the existing technology and conditions. We will do our best to ensure the continuity and security of the service, but we cannot guarantee that the service provided is flawless. Therefore, you also agree that even if the services we provide have defects, if the above defects are unavoidable by the industry's technical level at that time, they will not be deemed as our breach of contract, and both parties should work together to solve the problem in a friendly manner.

3. You understand and agree that due to business strategy arrangement or adjustment and other reasons, there may be differences in the specific content of this service available to users in different regions and different clients, which shall be subject to our actual provision.

4. To the maximum extent permitted by applicable laws, we do not guarantee that the services provided by us will meet your requirements or expectations, nor guarantee that the services provided will not be interrupted, nor do we guarantee the timeliness, security, error occurrence of the services, and whether the information can be accurately, timely and smoothly transmitted.

10、 Change of Agreement

1. You know and acknowledge that the terms of this clause and other single service agreements will have to be changed due to changes in the services we provide and the laws applicable to you and us.

2. If you do not agree with the content modified by us, please do not use any part of this service and/or other single service after the terms of this agreement and/or other single service agreements are modified (that is, after the update time specified in the modified terms of this agreement and other single service agreements), Once you use this service and/or other single services after the modification of the terms of this agreement and/or other single service agreements, it means that you have read, known and agreed to all the terms of this agreement and/or other single service agreements after the modification.

3. Except for the changes made by us described here, any other amendment or modification to the terms of this Agreement and/or other single service agreements is invalid, unless you and we explicitly sign a paper written agreement to change the terms of this Agreement and/or other single service agreements.

11、 Announcement

1. All announcements to you can be sent through website announcements, emails, regular in station letters or SMS messages related to this service. Other important matters can be carried out in this form.

2. The notice shall be deemed to have been delivered to the recipient on the date of sending or announcement. For special reasons (including but not limited to: failure of the email address provided by you, email filtering and email blocking functions provided by your email address), your email address cannot successfully receive the notification sent to your email address, and we do not assume any responsibility for this.

12、 Others

1. This agreement is a legal agreement between you and us regarding your use of this service. The effective date of this agreement shall be the date specified in the first part of the agreement. If the effective date is not specified in the agreement, the effective date shall be the expiration of 7 days after the launch. At the same time, this agreement will be binding upon both parties after you check "Agree" (the specific wording shall be subject to the page), and the specific time shall be subject to the time recorded in our system.

2. Even if you do not check "Agree" (the specific wording shall be subject to the page), the following actions will be deemed as your acceptance of all terms of this agreement:

2.1. Click to log in to the service;

2.2. Actual use of the service;

2.3. Actual use of any product or service (if any) provided by us together with this service;

2.4. The actual use of any product or service (if any) provided by a third party together with this service.

3. The conclusion, implementation, interpretation and dispute settlement of this agreement shall be governed by the laws of the People's Republic of China.

4. In case of any dispute between both parties concerning the content or implementation of this Agreement, both parties shall try to settle it through friendly negotiation; If the negotiation fails, either party can file a lawsuit to the people's court with jurisdiction where the nicetheme company is located.

5. If any provision of this Agreement is completely or partially invalid or unenforceable for any reason, the remaining provisions of this Agreement shall remain valid and binding.

6. You or the organization you serve are welcome to apply for opening the platform services of our company and its affiliated companies (hereinafter referred to as "single services"). If you need to use one or more single services, you need to agree and abide by the specific provisions of the service agreement of one or more services on the basis of this agreement. Including but not limited to:

6.1. Welcome to use nicetheme service, please follow Nicetheme Platform Service Usage Agreement 。