Terms of Service
OnMic APP (“OnMic”) is developed by Nox Interactive Technology
Ltd. (the "Company") and provides services to you (the
"user") in accordance with the following terms of service. The
company hereby specifically reminds you that before registering as a
user of OnMic, please carefully read the "Terms of Service
Agreement of OnMic" (the "Agreement"), "OnMic User
Privacy Policy " and other related agreements, and ensure that you
have fully understood the content of each clause of this agreement, and
the clauses that specifically exempt or limit liability. Please read
carefully and choose to accept this agreement or not. Unless you accept
all the terms of this agreement, you will not have the right to
register, log in or use the services covered by this agreement. If you
register, log in, use OnMic, etc., it will be deemed that you have read,
fully understood, and accepted the constraints of the terms of this
agreement.
This service is recommended for users who are over 18 years old to
register and use. If you are under 18 years old, please read and fully
understand this agreement with your legal guardian to use OnMic and the
related services after obtaining the consent of the legal guardian.
This agreement is an agreement between the company and the user
regarding the rights and obligations related to registration, login, and
use of the OnMic service ("the service"). "Users"
refer to individuals or organizations that register, log in, and use
this service. This agreement can be updated by the company at any time.
Once the updated agreement terms are announced, they will replace the
original agreement terms without further notice. Users can check the
latest version of the agreement terms on this website. After the terms
of the agreement are updated, if the user does not accept them, please
stop using the service immediately. If you continue to use the service,
you will be deemed to accept all the constraints of the revised terms of
the agreement.
The company has the right to unilaterally decide on the
"OnMic" software and related services or operational needs to
arrange or designate its related parties, controlling companies,
successor companies, or third-party companies recognized by the company
to continue to operate the "OnMic" software. In addition, some
of the services involved under this agreement may be provided to you by
the company's related parties, controlling company, the successor
company, or a third-party company recognized by the company. When you
know and agree to accept the relevant service content, you are deemed to
accept the relevant rights and obligations and are also bound by this
agreement.
I. Account Registration
- Before using this service, the user needs to register an OnMic
account. The OnMic account should be registered with the mobile phone
number binding, please use the mobile phone number that has not been
bound to the OnMic account, and the mobile phone number that has not
been blocked by the company according to this agreement to register
the OnMic account. The company can change the way of account
registration and binding according to user needs or product needs, and
you should cooperate under the requirements of laws and
regulations.
- OnMic is a mobile social product based on geographic location. When
registering, users should authorize the company to disclose and use
their geographic location information before they can successfully
register an OnMic account and use OnMic related services. Therefore,
the user's completion of registration means that the user agrees to
the company's extraction, disclosure, and use of the user's geographic
location information. If users need to terminate the disclosure of
their geographic location information to other users, they can cancel
their account by themselves, and OnMic reserves the last geographic
location information disclosed to other users by the users who have
not canceled their account.
- In view of the binding registration method of the OnMic account, you
agree that the company will use the mobile phone number you provided
and/or automatically extract your mobile phone number and
automatically extract your mobile phone device identification code for
registration during registration.
- When users register and use this service, the company needs to
collect personal information that can identify users so that the
company can contact users when necessary, or provide users with a
better experience. The information collected by the company includes,
but is not limited to, the user's name, gender, age, date of birth, ID
number, address, school information, company information, industry,
hobbies, frequent places, and personal descriptions; the company
agrees that the use of the information will be subject to the
restrictions of Article 3, User's Personal Privacy Information
Protection and "OnMic User Privacy Policy".
- You need to ensure the validity and legitimacy of the updated mobile
phone number, name, avatar and other information henceforth, as well
as all content posted on OnMic. If you provide any information that is
illegal, immoral, or contrary to the provisions of this agreement, or
open an account in the name of another person, or any malicious
operation OnMic has reason to suspect you of, OnMic has the right to
restrict or ban the functions of your account and deny you to use all
or any part of this service now and in the future. Any user shall bear
full responsibility for the authenticity, correctness, completeness,
applicability, and/or whether the registration information published
on the OnMic is the latest information.
- When registering, using, and managing your account, you should ensure
the authenticity of the identity information you fill in when
registering your account. Please use true, accurate, legal, and
effective identification materials and necessary information when
registering and managing your account ( Including your name and email
address, contact number, contact address, etc.). In accordance with
national laws and regulations, in order to use some functions of
"OnMic" and related services, you need to fill in real
identity information. Please complete the real-name authentication in
accordance with the relevant laws and regulations, and pay attention
to timely update the above-mentioned related information. If the
information you submit is inaccurate, untrue, irregular, illegal or
anything that the company has reason to suspect is wrong, false, or
illegal, the company has the right to refuse to provide you with
relevant services, and you may not be able to use "OnMic"
and related services, or some functions will be restricted during
use.
- In order to improve your content exposure and publishing efficiency,
You agree that your account of OnMic and related services and all
content published by the corresponding account are authorized to
automatically publish to the company and/or other software and
websites operated by the company and/or related parties with your
account. Your account' s avatar, nickname and other public information
may be synchronized together. The operations such as publishing,
modifying, or deleting content on "OnMic" software/website
will be synchronized to the other software and websites mentioned
above.
II. Service Content
- The specific content of this service is provided by the company
according to the actual situation, including but not limited to
authorized users to complete the real-name authentication (including
mobile phone number or identity information authentication) procedures
through their accounts for instant messaging, adding friends, joining
groups, following others, posting messages, posting moments,
conducting live broadcasts, etc.
- The services provided by the company may include advertisements, and
the user agrees to display advertisements provided by the company,
third-party suppliers, and partners during use. At the same time,
OnMic has the right to add a website logo (or name) and time watermark
to the content posted and disseminated by users. OnMic will do its
best but does not guarantee that it will not affect your browsing and
viewing experience. Except as clearly provided by laws and
regulations, users shall make independent judgments on the advertising
information and be independently responsible for the transactions
conducted. The company shall not be responsible for any losses or
damages suffered by users due to transactions conducted on the
advertising information or the content provided by the aforementioned
advertisers.
III. Protection of users' personal privacy information
- In the process of registering an account or using this service, the
user may need to fill in or submit some necessary information, such as
the identity information required by laws and regulations, regulatory
documents ("laws and regulations"). If the information
submitted by the user is incomplete or does not meet the requirements
of laws and regulations, the user may not be able to use the service
or be restricted in the process of using the service.
- Personal privacy information refers to information related to the
user's personal identity or personal privacy. It is the company's
consistent system to respect the privacy of the user's personal
private information. The company will take technical measures and
other necessary measures to ensure the security of the user's personal
privacy information and prevent leaking, damaging or losing of
personal privacy information of users collected in this service. When
the foregoing circumstances occur or the company discovers that the
foregoing circumstances may occur, remedial measures will be taken in
a timely manner. Regarding the user's personal privacy information
related policies, please refer to the "OnMic User Privacy
Policy". The user confirms that registration, login, and use of
this service will be regarded as acceptance of the "OnMic User
Privacy Policy".
IV. Content Specification
- The content mentioned in this article refers to any content produced,
uploaded, copied, published, or disseminated during the user's use of
this service, including but not limited to account avatar, name, user
description and other registration information and authentication
materials, or text, voice, pictures, videos, graphics, and so on to
send, reply or automatically reply to messages and related linked
pages, as well as other content generated by using the account or the
service. In accordance with relevant laws and regulations, OnMic
hereby solemnly reminds you that any content published or uploaded
through this service, whether publicly or privately transmitted, is
the responsibility of the content provider. OnMic only provides users
with storage space for content information, and cannot control the
content transmitted through this service, so it does not guarantee the
correctness, completeness or quality of the content. You have foreseen
that when you use this service, you may be exposed to unpleasant,
inappropriate or offensive content. Under any circumstances, OnMic is
not responsible for any content, and you can report such content
through the report function in OnMic. After verification, OnMic has
the right to stop transmitting any of the foregoing content and take
corresponding actions in accordance with the law, including but not
limited to suspending all or part of the service by users in violation
of regulations, keeping relevant records, and reporting to relevant
authorities, etc. When users publish UGC content, they must not
include illegal content, information that harms other users, or
information that infringes the legal rights of third parties;
otherwise, we have the right to delete UGC content during the content
review process or within 24 hours of receiving the reported
information. Temporarily/permanently ban the provider of UGC.
- Users are not allowed to use OnMic account or this service to
produce, upload, copy, publish, or disseminate the following contents
prohibited by laws, regulations and policies:
(1) Opposing
the basic principles established by the Constitution;
(2)
Endangering national security, leaking state secrets, subverting state
power, and undermining national unity;
(3) Damage to
national honor and interests;
(4) Inciting ethnic hatred,
ethnic discrimination, and undermining ethnic unity;
(5)
Undermining the state's religious policies and promoting cults and
feudal superstitions;
(6) Spreading rumors, disturbing
social order, and undermining social stability;
(7)
Spreading obscenity, pornography, gambling, violence, murder, terror
or instigating crime;
(8) Insulting or slandering others,
infringing on the lawful rights and interests of others;
(9)
Failure to comply with the "Seven Base Lines" requirements
of The Base Line of Laws and Regulations, The Base Line of the
Socialist System, The Base Line of National Interests, The Base Line
of Citizens' Legal Rights and Interests, The Base Line of Public
Order, The Moral Base Line and The Base Line of Information
Accuracy;
(10) Information containing other content
prohibited by laws and administrative regulations.
- Users shall not use the OnMic account or this service to make,
upload, copy, publish, and disseminate the following content that
interferes with the normal operation of OnMic, or infringes the legal
rights of other users or third parties:
(1) Contains any
sexual or sexual suggestion;
(2) Contains abusive,
intimidating, or threatening content;
(3) Containing
harassment, spam, malicious information, or deceptive information;
(4)
Involving the privacy, personal information or data of others;
(5)
Infringement of legal rights such as reputation rights, portrait
rights, intellectual property rights, and trade secrets of others;
(6)
Contains other information that interferes with the normal operation
of this service and infringes on the legitimate rights and interests
of other users or third parties.
V. Rules of Use
- Any content or behavior transmitted, published, or made by users in
or through this service does not reflect or represent, nor should it
be deemed to reflect or represent the company's views, positions, or
policies, and the company does not assume any responsibility for
this.
- Users are not allowed to use OnMic account or this service to perform
the following behaviors, otherwise the company can make independent
judgments and deal with it, and has the right to terminate the service
to you at any time without prior notice, and will be held accountable
in accordance with the law:
(1) Submitting or publishing
false information, or embezzling other people's avatars or materials,
impersonating or using other people's names;
(2) Forcing or
inducing other users to follow, click on linked pages or share
information;
(3) Using technical means to establish false
accounts in batches;
(4) Use OnMic account or this service
to engage in any illegal or criminal activities;
(5) Making
and publishing methods and tools related to the above behaviors, or
operating or disseminating such methods and tools, regardless of
whether these behaviors are for commercial purposes;
(6)
The act of publishing pornographic and pornographic content;
(7)
Spreading obscene and pornographic content, including but not limited
to hiring prostitution, one-night stand, etc.
(8) Posting
content such as pornographic or suggestive audio, text, moving
pictures, links to external websites, and QR codes.
(9) The
act of publishing any advertisement-related information. For example
advertising or one-to-one sales such as micro-business, recruitment,
credit cards, loans, cosmetics, digital products, Taobao stores,
plastic surgery, etc.
(10) Threats, slander, and abuse of
others.
(11) The act of embezzling other people's
information. Including but not limited to the following acts of
misappropriation:
a. Unauthorized publication and use of
others' registered business names or trademarks, infringing on the
exclusive rights of others' business names and trademarks.
b
Publish and use other people's names, photos, ID numbers without
authorization, infringe upon the legal rights of others' reputation
rights, portrait rights, etc.
(12) The act of pretending to
be the official account of OnMic, including but not limited to:
a.
Publish, use, or spoof the same or similar words of existing
intellectual property rights such as OnMic LOGO, or content that is
easily confused with the design theme and appearance of existing OnMic
products;
b Malicious slander, insults, ridicule OnMic
related products and technologies.
c Pretend to be the
official customer service of OnMic to send information to users.
(13)
Acts that violate the current laws and regulations of the country.
Including but not limited to the following behaviors:
a.
Anti-political activities: opposed to the basic principles established
by the Constitution, endangering national security, subverting state
power, inciting ethnic hatred, promoting cults and feudal
superstition, illegal gatherings, etc.
b. Dealing with
drugs, buying and selling counterfeit currency, buying and selling
guns, ammunition, and controlled knives, buying and selling illegal
drugs and fake certificates, etc.
c. False social
behaviors, fraudulent behaviors and other dishonest behaviors that
violate social ethics for the purpose of seeking profit.
d.
The information released contains content such as gathering crowds to
gamble and teach gambling skills.
e. Hiring, inducing
others to engage in terrorist, violent and other activities
(14)
Posting behaviors that make people feel uncomfortable, such as blood,
violence, terror, nausea, etc. including but not limited to:
a.
Spreading real pictures of people or animals being killed, maimed,
shot, stabbed, tortured and other injuries.
b Contains
content that depicts violence or child abuse.
c Publishing
information that may disrupt public order, such as revenge for others,
violent collections, and claims of underworld identities.
(15)
Publishing links to phishing websites, links to websites containing
Trojan horse viruses, and QR codes that may affect users' information
security.
(16) Use plug-ins or other malicious behaviors,
including but not limited to the following behaviors:
a.
Use plug-ins or other third-party tools and services to connect to
OnMic and related systems without the written permission of OnMic.
b.
Use external plug-in or manual actions that affect the normal
operation of OnMic.
c. Malicious attacks on OnMic and
related systems.
d. Malicious collection of personal
information from OnMic system or other users of OnMic.
e.
To produce and publish methods and tools related to the above
behaviors, or to operate or disseminate such methods and tools.
f.
Behavior of using virtual machines to register, log in, or use.
(17)
Gambling or gambling in a disguised form.
(18) Using OnMic
to divert traffic to other platforms, it may lead to fraud or other
illegal acts as judged by the OnMic review system.
(19)
Publishing the fake base stations and number-changing software on the
platform. Including but not limited to the following behaviors:
a.
The act of pretending to be others to defraud by using the
number-changing software.
b. The behavior of propagating
fake base stations/number-changing software, such as: introducing and
propagating information about fake base stations/number-changing
software; showing the effect of using fake base
stations/number-changing software; persuading others to use fake base
stations/number-changing software, etc.
c. The act of
selling fake base station/number-changing software, such as:
publishing information about selling fake base station
equipment/number-changing software; publishing information about
buying fake base station equipment/number-changing software; inquiring
or publishing the sales channels of fake base station
equipment/number-changing software.
(20) Other behaviors
that violate national laws and regulations or disrupt the social
environment of the OnMic platform as reported by users.
(21)
Other acts that violate laws and regulations or infringe on the
legitimate rights and interests of other users or interfere with the
normal operation of OnMic or the company has not expressly
authorized.
- The user shall be solely responsible for the authenticity, legality,
harmlessness, accuracy, validity, etc. of the information transmitted
using the OnMic account or this service. Any legal responsibility
related to the information disseminated by the user shall be borne by
the user. It has nothing to do with the company. If this causes damage
to the company or a third party, the user shall compensate according
to law.
- You may not use OnMic to conduct any illegal or criminal activities,
including but not limited to money laundering or online gambling
activities. OnMic will closely monitor such behaviors and have the
right to investigate the abnormal and large amount of virtual asset
transfers in multiple targeted accounts. If suspected illegal or
criminal behavior is found, the company has the right to take measures
such as banning accounts and virtual property. Cooperate with the
investigation of the competent authority to submit your identity
information, transaction records and other information related to the
account, etc.
- The user shall abide by the terms of this agreement, use the service
correctly and appropriately, and shall not disturb the order of the
platform, including but not limited to disturbing the financial order
of the platform (such as the sale of virtual items, etc.). If the user
violates any of the terms in this agreement, the company has the right
to suspend or terminate some or all of the services provided by the
user's OnMic account or impose other penalties in accordance with this
agreement. If any account service is terminated/suspended, you will
not be able to participate in any official activities. If the account
is permanently banned, all virtual items in the account will be
emptied and no cash will be withdrawn. Special attention should be
paid to the account that is suspected of using unreasonable means to
recharge (including but not limited to the illegal use of credit card
cash), OnMic will temporarily or permanently suspend the account based
on its reasonable judgment. At the same time, the company reserves the
right to withdraw the OnMic account and user name at any time.
- The content you live streaming, uploading, publishing or transmitting
through OnMic, without the written consent of OnMic, shall not be
displayed, distributed or promoted on platforms that compete with
OnMic or platforms with live streaming and social functions.
VI. Account Management
- The ownership of the OnMic account belongs to the company. After the
user completes the application registration procedures, the user
obtains the right to use the OnMic account. The right to use only
belongs to the initial application registrant, it is prohibited from
gifting, borrowing, renting, transferring or selling. Due to business
needs, the company has the right to reclaim the user's OnMic account.
If the user is not the initial application registrant of the account,
OnMic reserves the right to freeze and reclaim the account without
notice and without assuming legal responsibility to the user of the
account. This may include, but is not limited to, interruption of user
communication, the loss of data clearing and other losses shall be
borne by the user. If the ownership of the account is in dispute, the
company has the right to temporarily freeze the disputed account after
receiving a complaint from the relevant party; the parties to the
dispute provide evidence to prove the account's ownership within the
proof period (7 working days), and the company shall unfreeze the
disputed account after determining the attribution of the account
according to the evidence provided by the parties.
- The user can change or delete the personal information, registration
information and transmission content on the OnMic account, but it
should be noted that deleting the relevant information will also
delete the text and pictures stored by the user in the system. The
user agrees to bear the above risks.
- The user is responsible for the safety of the registered account
information and account password. The user's improper storage may lead
to account theft or password theft, and the responsibility is borne by
the user. The user shall bear full legal responsibility for the
behavior under the registered account and password. The user agrees
not to use the account or password of other users under any
circumstances. When the user suspects that another person uses his
account or password, the user agrees to notify the company
immediately. At the same time, to ensure the security of your account,
certain functions and/or certain individual service items, including
but not limited to publishing UGC content services, webcast services
(if any), etc., require you to comply with relevant national laws and
regulations. It can be used after real-name registration and
login.
- If OnMic finds that your account is logged in abnormally and the
account is more likely to be stolen, you agree that OnMic has the
right to freeze the account. If you need to unfreeze, please apply
through the feedback channel of OnMic.
- The user can recharge and redeem virtual items or use other types of
value-added services during the use of the OnMic service. Except for
the circumstances stipulated by law, after the user recharges, OnMic
does not provide the service of refund, exchange or redemption into
RMB or any other currency.
- If the user does not log in for a year after registering a OnMic
account, the company has the right to cancel, recycle, replace or
delete any record of the account in the OnMic database (including but
not limited to registration information, virtual gift information,
etc.) and other clean-up measures, so as to avoid waste of resources.
The adverse consequences caused by this shall be borne by the user.
Before cleaning up such accounts, you will be notified by methods
including but not limited to pop-up windows, in-app messages, and
phone push messages. After cleaning, your account will no longer be
able to log in, and the corresponding services will be terminated at
the same time.
- You can log in to the OnMic APP by yourself (the OnMic APP→click the
"My Card" icon→click the gear icon in the upper right
corner-Settings interface→click "Logout" to apply for
account cancellation. Please note that your account will be canceled
immediately without any manual review after you submit a successful
account cancellation application when you follow the above process
steps. After you actively cancel your account, the company will make
the account anonymous or delete relevant personal information as soon
as possible in accordance with the requirements of applicable laws and
regulations.
VII. Data Storage
- The company is not responsible for the user's failure to delete or
store related data in this service.
- The company has the right to determine the maximum storage period of
the user's data in this service in accordance with relevant laws and
regulations, and allocate the maximum storage space for the data on
the server, etc. Users can back up the relevant data in this service
according to their own needs.
- If the user stops using the service or the service is terminated, the
company can permanently delete the user's data from the server. After
the service is stopped or terminated, the company has no obligation to
return any data to the user.
VIII. Risk assumption
- The user understands and agrees that OnMic only provides a platform
for users to share, transmit and obtain information. Users must be
responsible for all actions under their registered account, including
any content transmitted by the user and any consequences arising
therefrom. Users should make their own judgments on the content of
OnMic and this service, and bear all risks arising from the use of the
content, including the risks arising from the reliance on the
correctness, completeness or practicality of the content. The company
cannot and will not be liable for any loss or damage caused by user
actions. If the user finds that anyone has violated this agreement or
used the service in other improper ways, please report or complain to
the company immediately, and the company will deal with it in
accordance with the agreement.
IX. Intellectual Property
- Except for the intellectual property rights related to advertisements
in this service, which belong to the corresponding advertisers, the
intellectual property rights of the content provided by the company in
this service (including but not limited to web pages, text, pictures,
audio, video, charts, etc.) belong to the company, except that users
have legally obtained intellectual property rights for their published
content before using this service.
- Unless otherwise specifically stated, the copyright, patent rights
and other intellectual property rights of the software on which the
company provides this service belong to the company.
- The company's graphics, text or their composition involved in this
service, as well as other company logos and products, service names,
service marks, trade names, domain names, website names or other
distinctive brand features, etc. ("company logo"), the
copyright and trademark rights belong to the company. Without the
company' s prior written consent, the user shall not display, use, or
apply for trademark registration, domain name registration, or display
or use the company's logo in any way, or use the company logo in any
way, or make any other processing without the company's prior written
consent. Others indicate that the user has the right to display, use,
or otherwise have the right to deal with the company's logo.
- The intellectual property rights owned by the above and any other
companies or related advertisers in accordance with the law are
protected by law. Without the written permission of the company or
related advertisers, users are not allowed to use or create related
derivative works in any form.
OnMic respects and protects the legal rights and interests of users and
others such as intellectual property rights, reputation rights, name
rights, and privacy rights. You guarantee that the content (including
but not limited to text, pictures, music, video, audio, sound, dialogue,
links and other forms of content) that you live, upload, publish or
transmit when using the OnMic service is original by you, or legal
authorization has been obtained. You should ensure that the above
content does not infringe the intellectual property rights or other
legal rights of others, and you do not need to pay any fees to any third
party. Otherwise, you should be liable for compensation if it causes
losses to OnMic and its affiliates or related cooperative
companies.
- Unless otherwise agreed, you know, understand and agree that the
intellectual property rights of the content (including but not limited
to text, pictures, music, video, audio, sound, dialogue, links, and
other various forms of content) that you live streaming, upload,
publish or transmit through the OnMic service are owned by you or the
original right holder, and you agree to grant to the company and its
related company, controlling company, and successor company within the
longest period permitted by law (including permanent existence where
applicable law allows) a global, irrevocable, free, and sublicensable
(through multiple levels) rights (including but not limited to
reproduction rights, translation rights, compilation rights,
information network dissemination rights, adaptation rights and
production derivatives, performances and others Copyright property
rights, etc.) for the purpose of storing, publishing, using, copying,
modifying, adapting, translating, and creating derivative works,
distribution, execution and display of such user content. The scope of
using the above rights includes but is not limited to current or other
websites, applications, products or terminal equipment, etc. You
hereby confirm and agree that the company has the right to use or
otherwise use it in any publicity, promotion, advertising, marketing
or/and research related to the above content, OnMic software and
related services, and the company's brand or development content (in
whole or in part). For the avoidance of doubt, you understand and
agree that the rights granted above include the use, reproduction and
display of personal images, portraits, names, trademarks, service
marks, brands, names, logos and companies that you own or are
permitted to use and embed in the content Marks (if any) and any other
branding, marketing or promotion assets, materials, materials, etc.
rights and permissions.
- Without the written consent of OnMic or the right holder user, any
unauthorized third party shall not copy, modify, edit, transfer, use,
disseminate on the internet, or use for other purposes the content
generated and comments made by the right holder user on the platform
through ways including but not limited to intercepting video signals,
capturing and recording audio/video, editing video/audio/text or other
forms of contents.
- If the information provided by the OnMic platform service or the
information uploaded, stored, or disseminated by other users violates
your or a third party's intellectual property rights, please contact
the customer service phone number or contact information published on
the platform site to make a complaint, and the platform will verify
and deal with it as soon as possible.
- The company provides technical support for the development and
operation of OnMic, and enjoys all rights within the scope permitted
by laws and regulations for all data and information generated during
the development and operation of OnMic software and related
services.
X. Legal Liability
- In the process of using the OnMic service, if the user finds content
related to politics, guns, drugs, violence, gambling, pornography, or
infringement of the legitimate rights and interests of oneself or a
third party, they can report or complain to the company staff. After
the company receives the report and complaint, it will send a
commissioner to deal with it in a timely manner.
- If the company finds or receives reports or complaints from others
that users violate the provisions of this agreement, the company has
the right to review and delete relevant content, including but not
limited to user information and chat records, at any time without
notice, and punish the account considering the seriousness of the
violation. Penalties including but not limited to warnings, account
bans, device bans, and function bans. The user will be notified of the
processing results. Users who are banned for violating the user
agreement can submit an appeal to the customer service in the
company's OnMic App. The company will review the appeal and make a
reasonable judgment on its own to decide whether to change the
punishment measures.
- The user understands and agrees that the company has the right to
penalize violations of relevant laws and regulations or the provisions
of this agreement based on reasonable judgments, take appropriate
legal actions against any user who violates laws and regulations, and
save relevant information in accordance with laws and regulations to
report to relevant departments etc., the user shall bear all legal
responsibilities arising therefrom.
- The user understands and agrees that for any claims, demands or
losses claimed by any third party, including reasonable attorney fees,
caused or caused by the user's violation of this agreement, the user
shall compensate the company, cooperative companies, and related
companies, and prevent them from damaging.
- You guarantee that you are the copyright owner or have obtained legal
authorization for the content uploaded and published (including but
not limited to text, pictures, video, audio, links, etc.) when using
the OnMic service, and that the foregoing content does not infringe
any third-party Intellectual property rights, reputation rights, name
rights, privacy rights and other legal rights. Otherwise, the company
has the right to remove the allegedly infringing content upon
receiving notice from the right party or related parties. For all
claims made by third parties, you should handle and bear all legal
liabilities that may arise from it, including but not limited to
compensation, fines, settlement fees, litigation and arbitration fees,
reasonable attorney fees, etc. if it is due to your infringement. If
the behavior causes losses to the company and its related companies,
controlling companies, and successor companies (including but not
limited to economic and goodwill losses), you should also fully
compensate the company and its related parties, controlling companies,
and successor companies for all losses suffered.
XI. Force majeure and other exemptions
- The user understands and confirms that in the process of using the
service, risk factors such as force majeure may be encountered, which
may cause the service to be interrupted. Force majeure refers to an
objective event that cannot be foreseen, cannot be overcome, and
cannot be avoided, and has a significant impact on one or both sides,
including but not limited to natural disasters such as floods,
earthquakes, epidemics and storms, and social events such as wars,
turmoil, government actions, etc. When the above situation occurs, the
company will work hard to cooperate with relevant units at the first
time and repair them in a timely manner. However, the company and
cooperative units will be exempted from liability within the scope
permitted by law for the losses caused to users or third
parties.
- Like most internet services, this service is affected by differences
in factors including but not limited to user reasons, network service
quality, social environment, etc., and may be subject to various
security issues, such as the use of user data by others to cause real
life harassment in the Internet; other software downloaded and
installed by the user or other websites visited contain viruses such
as "Trojan horses", which threaten the security of the
user's computer information and data, and then affect the normal use
of the service, etc. Users should strengthen the awareness of
information security and user data protection, and should pay
attention to strengthening password protection to avoid loss and
harassment.
- The user understands and confirms that the service is interrupted or
cannot meet user requirements due to force majeure, computer viruses
or hacker attacks, system instability, user location, user shutdown,
and any other technology, internet, communication line reasons, etc.
The company does not assume any responsibility for any loss of users
or third parties caused by this.
- If you are suspected of borrowing, investment and financing, wealth
management or other property-related network information, account
passwords, advertisements or promotion, please treat it with caution
and make your own judgments. The company does not assume any direct,
indirect, incidental, special, derivative or punitive compensation
liability for your loss of profits, business reputation, and data. or
other tangible or intangible losses.
- The user understands and confirms that if there is misleading,
deceptive, threatening, defamatory, offensive or illegal information
from any other person during the use of this service, or anonymity
that violates the rights of others, the company does not assume any
responsibility for any loss to users or third parties caused by the
information or the acts accompanying such information.
- The user understands and confirms that the company needs to overhaul
or maintain the OnMic platform or related equipment on a regular or
irregular basis. If the service is interrupted within a reasonable
time due to such circumstances, the company does not need to bear any
responsibility for this, but the company should notify in
advance.
- The company obtains the right to deal with illegal or breached
content in accordance with laws, regulations, and this agreement. This
right does not constitute an obligation or promise of the company, and
the company cannot guarantee timely detection of violations of laws or
regulations or breaches of contract or deal with them
accordingly.
- The user understands and confirms that the company does not have to
bear any responsibility for the quality defects of the following
products or services provided by the company to the user and any
losses caused by them:
(1) Free services provided by the
company to users;
(2) Any products or services presented by
the company to users.
- Under no circumstances will the company be liable for any indirect,
consequential, punitive, accidental, special or penal damages,
including the loss of profits suffered by users due to the use of
OnMic service (even if the company has been informed of the
possibility of such losses as well). Although there may be
contradictory provisions in this agreement, the company's full
responsibility to the user, regardless of the reason or method of
behavior, will never exceed the cost (if any) that the user pays to
the company for using the service provided by the company.
- You understand and agree that the company does not provide any kind
of express or implied guarantees or conditions regarding the
"OnMic" software and related services, including but not
limited to commercial marketability, applicability for specific
purposes, etc. Your use of the "OnMic" software and related
services shall be at your own risk.
- You understand and agree that this agreement is designed to ensure
compliance with national laws and regulations, maintain public order
and good customs, and protect the legitimate rights and interests of
users and others. The company will do its utmost to make judgments in
accordance with relevant laws and regulations within the scope of its
ability, but it does not guarantee that the company's judgment is
completely consistent with the judgment of judicial and administrative
agencies, you have understood and agreed to bear the consequences of
this.
XII. Service change, interruption and termination
- In view of the particularity of network services, the user agrees
that the company has the right to temporarily change or interrupt part
or all of the services (including fee-based services). The company
shall try its best to notify users before the change or interruption
of the company's services and shall try its best to provide equivalent
alternative services to the affected users.
- In the event of any of the following situations, the company has the
right to change, suspend or terminate the free service or paid service
provided to the user without any responsibility for the user or any
third party:
(1) According to the law, users should submit
real information, but the personal information provided by the user is
not true or inconsistent with the information at the time of
registration and fails to provide reasonable proof;
(2) The
user violates relevant laws and regulations or the provisions of this
agreement;
(3) In accordance with the law or the
requirements of the competent authority;
(4) For safety
reasons or other necessary circumstances.
- The user fully understands and agrees: Due to business development
needs, emergencies, etc., the company may unilaterally suspend,
restrict or terminate part or all of the services of OnMic Software.
The company will work hard but does not guarantee that it can be
notified in advance. The company will not be liable for compensation
for your loss, and the user is aware of and agrees to bear the
aforementioned risks. If the company suspends, restricts or terminates
part or all of the services of OnMic software that involve paid
services or virtual items/property, the company will make an
announcement on OnMic in advance and inform you of the method and
processing period of handling the aforementioned paid services or
virtual items/property. If you have not processed your paid services
or virtual items/property within the time limit stated in the
announcement, the company has the right to empty all the virtual
items/property or other incidental rights in your account after the
expiration of the processing period stated in the announcement without
liability for breach of contract, the user is aware of and willing to
bear the aforementioned risks.
XIII. Terms of use for minors
- If you are a minor under the age of 18, you should read and agree to
this agreement under the guardianship, guidance and consent of your
guardian before you can use OnMic software and related services.
- The company attaches great importance to the protection of personal
information of minors. When filling in personal information, underage
users should strengthen their awareness of personal protection and
treat them with caution, and should obtain the consent of the guardian
and use the OnMic software service and related information correctly
under the guidance of the guardian.
- Minor users and their guardians understand and confirm that if you
violate laws and regulations and the content of this agreement, you
and your guardians shall bear all legal responsibilities that may
result from this in accordance with the law.
- Special reminder for minor users
Under the supervision and
guidance of their guardians, minors who use OnMic software and related
services should learn to use the Internet correctly within a
reasonable range, avoid indulging in virtual cyberspace, and develop
good Internet habits. Young users must abide by the "National
Youth Internet Civilization Convention":
(1) Be good
at online learning and not browse bad information;
(2) To
communicate honestly and friendly, not to insult or deceive others;
(3)
Strengthen the awareness of self-care and do not date friends at
will;
(4) To maintain network security and not disrupt
network order;
(5) To be good for physical and mental
health, and not to indulge in virtual space.
In order to better protect the privacy rights of minors, the company
specifically reminds you to carefully publish content containing minor
materials. Once published, you will be deemed to have obtained the right
holder's permission to display the portrait, voice and other information
of minors on OnMic software and related services, and allow the company
to use and process such content related to minors in accordance with
this agreement.
- Special tips for guardians
(1) If your ward uses OnMic
software and related services, you, as a guardian, should guide and
supervise the registration and use behavior of the ward. If your ward
applies for registration of a OnMic account, the company will have the
right to believe that he has get your consent.
(2) Your
ward may use functions such as recharge and reward (if any) when using
the OnMic software and related services. As a guardian, please keep
your payment device, payment account and payment password, etc. to
avoid the use of recharge and reward (if any) functions through your
OnMic account by the ward without your consent.
XIV. Other
- The company solemnly reminds users to pay attention to the clauses in
this agreement that exempt company responsibility and limit user
rights, please read carefully and consider risks independently.
- The validity, interpretation and dispute settlement of this agreement
are applicable to the laws of the People's Republic of China. The
place of signing of this agreement is Chaoyang District, Beijing,
People's Republic of China. If any dispute or controversy occurs
between the user and the company, it should first be settled through
friendly negotiation. If the negotiation fails, the user agrees to
submit the dispute to the people's court with jurisdiction where the
agreement was signed to initiate a lawsuit.
- No matter any clause of this agreement is invalid or unenforceable
for any reason, the remaining clauses are still valid and binding on
both parties.
- In order to make OnMic healthy and orderly operation and provide you
with better services or due to changes in national laws and
regulations, policy adjustments, technical conditions, product
functions, etc., the company will revise this agreement or add other
types of binding agreements/rules in a timely manner, including but
not limited to platform management specifications, community
conventions, user violation management rules, etc., revised content or
newly-added binding agreements/rules constitute an integral part of
this agreement. After this agreement is amended or newly-added binding
agreements/rules, the company will publish an updated version or new
agreements/rules on the "OnMic" platform so that you can
keep abreast of the latest version of this agreement or newly-added
agreements/rules. If you continue to use the "OnMic"
software and related services after this agreement is updated or the
new agreement/rule is released, it means that you have agreed to
accept the revised content of this agreement and the newly-added
binding agreement/rule. If you disagree with the content of the
revised agreement or the content of the newly-added binding
agreement/rule, please stop logging in or use the "OnMic"
software and related services immediately. If you continue to log in
or use the "OnMic" software and related services, it is
deemed that you have approved and voluntarily accepted all the
constraints of the revised agreement content and the newly added
agreement/rules.
- The headings in this agreement are only for the convenience of
reading and do not affect the meaning or interpretation of any
provisions in this agreement.
- Both you and the company are independent subjects. In any case, this
agreement does not constitute any form of express or implied guarantee
or condition of the company to you, nor does it constitute an agency,
partnership, joint venture or employment relationship between the two
parties.