You are welcomed to use ColorfulClouds paid-up member service (hereinafter referred to as the 'paid-up member'), and in order to protect your rights and interests, please carefully read all details of this service agreement (hereinafter referred to as the 'agreement'), and bold details in particular before using the paid-up member service. Minors should read it accompanied by the legal guardian.You are not entitled to use paid-up member service unless you have read and accepted all the terms of this agreement. Your purchase or use of paid-up member service is deemed to have read and agreed to be bound by this agreement.
1.1 This agreement includes the text body of the agreement, and various rules that have been published or shall be published or updated by Beijing ColorfulClouds Technology Co., Ltd. (hereinafter referred to as 'ColorfulClouds Technology'). All the rules are an integral part of this agreement, and have the same legal effect as the text body of the agreement; if the text body of this agreement conflicts with the aforesaid rules, the text body of this agreement shall prevail. Unless otherwise expressly stated, your use of the paid-up member service is subject to this agreement.
1.2 If this agreement and the related terms of service are subject to revision due to business development need, the ColorfulClouds Technology shall announce it on the relevant page of ColorfulClouds. You can go to the latest version for terms of the agreement. If ColorfulClouds Technology has modified terms above, and you do not accept them, you may choose to terminate the use of paid -up member service. Your continued use of the service shall be deemed to have accepted the modified agreement.
2.1 Paid-up member: it refers to network value-added service provided by ColorfulClouds Technology and you will enjoy certain privileges or participate in the activities in accordance with this agreement after becoming a paid -up member; please refer to specific service content provided by ColorfulClouds Technology. ColorfulClouds Technology owns all ownership and operation rights of paid-up member, as well as the right to amend paid-up member system and activities, and has the right of interpretation according to law.
2.2 'User' or 'You': means any individual or single entity that is entitled to enjoy paid-up member service provided by ColorfulClouds Technology.
3.1 If you want to use paid -up member service, you need to log in to your ColorfulClouds account, or register ColorfulClouds account and login. You can apply for the opening of paid -up member service on the basis of successful login to the account. If you choose to login ColorfulClouds account by using other third parties' account, you shall ensure the stability, authenticity and availability of the third party account, for instance that you cannot login ColorfulClouds due to reason of third party account (such as the third party account number is blocked), you should contact the company that owns the third party account. The only basis for ColorfulClouds Technology to confirm your identity is your account login when paid-up member service is enjoyed.
3.2 You can open paid-up member service through payment approved by ColorfulClouds Technology in the open service interface. When you open the service, you should carefully check the account name, service type opened and duration information. If you pay money to the wrong account or open wrong duration due to your personal reasons, the ColorfulClouds Technology shall not refund the fees already charged.
4.1 The paid -up member service is limited to the owner who applies for this account and cannot be transferred among different ColorfulClouds accounts.
4.2 If you voluntarily cancel or terminate the paid-up membership within the valid period of paid -up member, you shall never be refunded the fee.
4.3 After the cancellation / termination of paid -up membership, there will be no paid-up member service for you anymore.
5.1收费方式
5.1 You confirm that: you are a natural person, legal person or another organization with full capacity for private rights and full capacity for civil conduct, and are solely responsible for all your conducts in using paid -up member service. If you are not entitled with eligibility above, the ColorfulClouds Technology has the right to ask your guardian or other responsible parties for payment while asking you to assume responsibility accordance with the law or this agreement. If you are a natural person, you should provide your real name, address, e-mail address and contact number information to ColorfulClouds Technology; information as name, address and contact person should be provided if you are a legal person or any other organization.
5.2 You should properly keep the relevant account number and password, and be responsible for all the activities and behaviors of the account. Moreover, it is forbidden to grant, borrow, rent, transfer or sell the account. It is your responsibility to keep, use, and maintain the account number, account information and account password obtained by your application in ColorfulClouds. The ColorfulClouds Technology shall not be responsible for any loss caused by password disclosure, and improper storage, use or maintenance due to other reasons except for the company.
5.3 If you have implemented one of the following acts, the ColorfulClouds Technology has the full right to terminate the paid-up member service provided or to limit, freeze or terminate the use of ColorfulClouds account related to such service without notice to you. The ColorfulClouds Technology shall not give any compensation and refund, and the responsibility resulted by such shall be borne by yourself. Therefore, you are responsible for full compensation if loss has been caused to ColorfulClouds Technology or a third party:
(1) Obtain paid-up member service for yourself or others for the purpose of profit;
(2) Rent, lend and sell the paid-up member account to the third party in any form;
(3) The content obtained through paid -up member service is used for other purposes except for personal learning, research, or appreciation;
(4) Embezzlement of others' ColorfulClouds accounts to login paid-up member service or use;
(5) Obtain paid-up member service through any robot software, spider software, crawler software, spam software or other non formal ways;
(6) Obtain paid-up member service by virtue of improper means or acts or principle violating integrity and good faith.
5.4 If you have implemented one of the following acts, the ColorfulClouds Technology, according to the actual situation, has the full right to suspend or terminate one or more or all of the services provided to you without notice to you. The ColorfulClouds Technology shall not give any compensation and refund, and the loss caused by such will be borne by yourself. You are responsible for full compensation if loss has been caused to ColorfulClouds Technology or a third party:
(1) Your personal information provided is not true or inconsistent with the registration information without providing reasonable proof;
(2) The effective legal documents of state administrative or judicial office confirm your illegal actions or infringement, or the ColorfulClouds Technology judges that your behaviors have alleged violation of this agreement or the rules to be published by ColorfulClouds Technology, or provisions of laws and regulations;
(3) Your behaviors interfere with the normal operation of any part or function of the ColorfulClouds;
(4) Your actions carried out by ColorfulClouds without persimmion and approval of ColorfulClouds Technology include but not limited to commercial activities of information obtained in ColorfulClouds, such as additional advertising, commercial content or links;
(5) Your personal information or content published is in violation of national laws and regulations, contrary to social morality, public order and good customs, violates the legitimate rights and interests of others, boasts of strong political color, arises any dispute, or violates this agreement and requirement published in ColorfulClouds platform;
(6) Your ilegal actions committed by virtue of ColorfulClouds.
6.1 If disputes are caused due to your purchase or acceptance of goods or services provided by any third party except for ColorfulClouds Technology by exercising the right regulated by this agreement, you should advocate rights for the third party which sales / provides the goods or services, and it has nothing to do with the ColorfulClouds Technology.
6.2 You are responsible for all legal responsibility for yourself and the guests you invite to participate in the activities organized by the ColorfulClouds or any action implemented in using various preferences and value-added services provided by ColorfulClouds.
6.3 The ColorfulClouds Technology shall not be responsible for any loss of you caused by actions or nonfeasance of any third party or force majeure, including but not limited to payment service, internet access services, communication line failure of telecommunications sector, communication technology problem, network, computer failure, system instability, and infringement of any third party.
6.4 You understand and agree that the service may be suspended as a result of force majeure factors in the process of using paid -up member service. In the event of the situations above, the ColorfulClouds Technology promises to repair them under the assistance of relevant units as soon as possible, and shall not assume any loss caused to you and shall not refund the paid-up member fee.
7.1 Service suspension, interruption and termination: the ColorfulClouds Technology shall suspend, interrupt and terminate the paid -up member service according to its own business decisions, government actions, and force majeure. In the event of such circumstances, the ColorfulClouds Technology shall notify you in the form of an announcement, however, any loss caused to you shall not be borne or the paid-up member fee shall not be refunded.
7.2 Law and dispute resolution: this agreement applies to the laws of the People's Republic of China and excludes all applicable provisions of conflict law. If there is a dispute, you and ColorfulClouds Technology shall reach a consensus to submit the dispute to China International Economic and Trade Arbitration Commission for arbitration in accordance with the current arbitration rules. The arbitral award is final and binding upon both parties. The losing party shall bear the arbitration fee.
7.3 If ColorfulClouds Technology does not, cannot timely or fails to fully exercise the right in this agreement or regulated by laws and provisions, it should not be considered as a waiver of such right, and shall not affect the right exercised by ColorfulClouds Technology in the future.
7.4 For any doubt about terms in this agreement, please send mail to our customer service mailbox: (ai@caiyunapp.com).
Beijing ColorfulClouds Technology Co., Ltd.
October 31, 2017