Published on: October 31, 2023 Effective on: October 31, 2023
This Terms of Service apply to the products and services (innermountain.org) provided to you by the owner of the innermountain.org website (or “Inner Mountain”), Beijing Neifeng Technology Co., Ltd. and its affiliates (hereinafter referred to as “Inner Mountain” or “we” or “us”). If you are a user outside of the Chinese mainland and Hong Kong, your entry into or performance of this Agreement shall be subject to the laws of the country or region in which you reside and/or are located.
You are not eligible to register for an [Inner Mountain] account unless you fully agree to the terms of this Agreement. If you do not agree to the terms and/or any modifications made from time to time, you may voluntarily stop using the services provided by us. You agree to be bound by the terms and conditions of this Agreement in any of the following ways, including but not limited to: (1) By clicking “I agree” or other acceptance methods; (2) by verbal or written representations made via email, phone, fax, instant messaging, etc.; (3) where the terms and conditions of this Agreement (including but not limited to service descriptions and user guides) contain “default agreement” clauses to which you do not object; (4) through other means mutually agreed upon by you and us.
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Scope of Application
1.1 This Agreement is entered into by and between you and Beijing Neifeng Technology Co., Ltd. regarding the arrangement of rights and obligations when you apply to register an [Inner Mountain] account and use the products and services provided by Beijing Neifeng Technology Co., Ltd.
1.2 This Agreement includes the following terms and various service rules that [Inner Mountain] has published or may publish in the future. All service rules are an integral part of this Agreement and have the same legal effect as the main text of this Agreement.
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[Inner Mountain] Account Registration Rules
2.1 You fill in the information according to the registration page instructions, read and agree to this Agreement, submit to us complete and accurate registration information (including, but not limited to, user name, mobile phone number, email address, password, etc.). Upon completion of all registration procedures, unless the specific products of [Inner Mountain] have separate account registration requirements, you will have access to [Inner Mountain]’s products and services through your [Inner Mountain] account.
2.2 To provide you with a consistent experience, if you are logged into your [Inner Mountain] account for a particular product or service of [Inner Mountain], your login status may be synchronized when you first use [Inner Mountain]’s other products or services that are compatible with your [Inner Mountain] account. Your personal information will not be additionally collected or used during this process.
2.3 When applying to register an [Inner Mountain] account, you are obliged to provide your personal information as required by [Inner Mountain] and ensure that the information you submit is truthful, accurate, valid and reliable. Once you have been verified by [Inner Mountain], we will assign you a registered account (the “[Inner Mountain] account”). In accordance with the existing laws, regulations, and normative documents of China, for the purpose of delivering our services, you are obligated to ensure the personal information you provide is truthful, valid and effective. Additionally, you are also responsible for promptly notifying us of any changes to the relevant information. We have the right to suspend or terminate our services to you, or restrict your use of some or all of the features of the services we provide, if: i) you provide any information that is untrue, inaccurate, outdated or incomplete; ii) we have reasonable grounds to suspect that such information is incorrect, untrue, outdated, or incomplete; iii) administrative or judicial authorities confirm that such information is invalid; iv) we find that you are not the original applicant for the [Inner Mountain] account. We also have the right (but not the obligation) to issue inquiries and request that you remedy the problem. If we notify you to remedy the problem and you refuse or fail to cooperate, you shall bear all the losses and adverse consequences resulting therefrom.
2.4 The [Inner Mountain] account consists of an account name and a password. You can use the registered account name (including username/phone number/email address) and password to log in. During your use of your account, in order to ensure the security of your account, based on different terminals and your usage habits, we may use various authentication measures to verify your identity. Such authentication methods may include, but are not limited to, SMS verification codes and verification of service usage information.
2.5 The [Inner Mountain] account serves as the basis for us to identify you and provide services to you. You shall be responsible for maintaining the confidentiality of your account and restricting third-party use/access to your computer or mobile device. You must ensure that your login password is not disclosed to any third party. You shall not, without our permission, transfer or lend your [Inner Mountain] account to others, whether for a valuable consideration or free of charge. You are legally liable for all activities and events that occur under the [Inner Mountain] account.
2.6 Ownership of the [Inner Mountain] account shall be vested in [Inner Mountain] and you are authorized to use it in accordance with this Agreement and the applicable service rules. If you have not used your [Inner Mountain] account continuously for one year or have not logged into your [Inner Mountain] account by other approved means, we have the right to cancel the account. You will no longer be able to log in to [Inner Mountain] or use related services through the account.
2.7 Our services are only available to users over the minimum age permitted in your jurisdiction, e.g., in principle, if you are a user in the Chinese mainland, you should be at least 18 years old; if you are in the jurisdiction of the United States, you should be at least 13 years old; and if you are in the jurisdiction of the European Union, you should be at least 16 years old. You expressly understand that if we discover or suspect that you are under the minimum age permitted in your jurisdiction during the course of the services, we may suspend or terminate our services to you at any time until you provide us with proof that you have reached the minimum age permitted in your jurisdiction or until you assist us in obtaining the express consent of your guardian.
2.8 We have the right to restrict, freeze or terminate your use of the [Inner Mountain] account in accordance with relevant laws and regulations and service rules, and you shall be solely liable for any damages resulting therefrom (including, but not limited to, interruption of communications, and deletion of user information and related data, etc.).
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Content Regulations
3.1 You may post comments, reviews, replies (including but not limited to web pages, text, tags, images, audio, video, charts, electronic files, etc.) on the services and products available after you log into your [Inner Mountain] account, and submit suggestions, opinions, or other information, provided that such content and information does not violate the requirements of existing Chinese laws, regulations, and other normative documents, and has a legitimate source or is authorized by the relevant right holders. Additionally, such content and information shall not contain any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and shall not consist of or contain software viruses, political campaign messages, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You shall not use a false email address or phone number, impersonate any person or entity, or otherwise mislead as to the source of any content in any other way. Furthermore, with respect to the suggestions, feedback and other content you provide to us as noted above, unless you have previously requested otherwise in writing, you agree to grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any media worldwide. Meanwhile, (1) regardless of whether you have any objection to the foregoing rights granted to us, we shall have the right to use the foregoing content, in whole or in part, for promotional purposes, and you agree not to make any claim against us for breach of contract, infringement or otherwise as a result of such use; (2) in the event of any infringement by any third party of any of the foregoing content, materials or names, you hereby authorize us to initiate legal action on your behalf against the infringing party in our capacity as the rights holder of such content, and subject to the laws and regulations in force, you undertake to provide us with all necessary authorization to enable us to assume a proper legal standing.
3.2 When using the [Inner Mountain] account, you are not permitted to create, copy, or publish any illegal content on any page of the forum that may:
(1) oppose the fundamental principles established by the Constitution of the People’s Republic of China;
(2) endanger China’s national security, divulge state secrets, subvert state power, and undermine national unity;
(3) damage China’s national honor and interests;
(4) distort, vilify, profane, or deny the deeds and spirit of Chinese heroes and martyrs in a manner that insults, slanders, or in any other way infringes upon the names, portraits, reputations, and honors of Chinese heroes and martyrs;
(5) promote terrorism, extremism, or incite terrorist activities or extremist activities;
(6) instigate hatred and discrimination among Chinese ethnic groups, undermine national unity;
(7) undermine China’s religious policies, promote cults and feudal superstitions;
(8) spread rumors and disrupt economic and social order;
(9) spread any obscene, erotic, gambling, violent, murder, terrorism information, or abet a crime;
(10) insult or defame others, infringe upon the reputation, privacy, and other legal rights of others; or
(11) involve other content prohibited by laws and administrative regulations.
3.3 When using the [Inner Mountain] account, you should take measures to prevent and reject the creation, copying, and dissemination of any harmful information that may:
(1) use exaggerated headlines significantly inconsistent with the content;
(2) Hyping up gossips, scandals, or misconduct;
(3) inappropriately comment on natural disasters, major accidents, and other disasters;
(4) contain sexual innuendo, sexual teasing, or anything that may evoke sexual connotations;
(5) display any content that portrays gore, horror, cruelty, or otherwise can cause emotional distress;
(6) incite discrimination against specific groups or regions;
(7) promote vulgar, crass, or lowbrow content;
(8) encourage minors to imitate unsafe or socially inappropriate behavior, or lead minors towards harmful habits; or
(9) involve other content that has a negative impact on the online ecosystem.
3.4 Meanwhile, any content you transmit or post under or through the services and products available after you log into the [Inner Mountain] account does not necessarily reflect or represent, and should not be deemed to reflect or represent, our viewpoints, positions, or policies. You should make your own judgments regarding such content and bear all risks and losses arising from reliance on and the use of such content. We disclaim all liability in this regard. We reserve the right (but not the obligation) to review, remove, or edit such content. Unless otherwise required by law, we do not pre-screen, monitor, approve, ratify, or otherwise routinely censor each and every piece of content that you post. If you discover that other users have uploaded false, illegal, or inappropriate content, please contact us immediately or report it to us with supporting documentation. We will assist you and respond to your reasonable requests in a timely manner. You hereby represent and warrant that you will indemnify us for any damages we may suffer as a result of any content you post on our service platform or elsewhere.
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Code of Conduct
While using [Inner Mountain], you shall not personally engage in, or assist or permit others to engage in, any of the following conduct:
4.1 Delete this software and/or any copies (if any), as well as any copyright-related information on this software and/or other copies;
4.2 Disseminate any content prohibited by [Inner Mountain] through means such as uploading, downloading, storing, or transmission;
4.3 Engage in any illegal transaction activities such as money laundering, drug trafficking, and similar;
4.4 Commit any acts that infringe upon the privacy, copyright, patent rights, trademark rights, and other rights of others, unless you have obtained full and effective prior authorization from the rights holders;
4.5 Commit any acts that violate laws, regulations, policies, rules, and regulations, as well as the relevant agreements and rules of [Inner Mountain];
4.6 Commit any acts that interfere with or disrupt [Inner Mountain];
4.7 Intrude, use or sabotage other users’ networks and/or network equipment; gather information about other users without authorization;
4.8 Publish any form of advertising without authorization;
4.9 Use any technology or means to interfere with the normal operation of [Inner Mountain] which adversely affects [Inner Mountain];
4.10 Modify, tamper with, block or partially block the services and related features on [Inner Mountain] (including banner advertising etc.);
4.11 Use any technical means to misappropriate [Inner Mountain]’s content and text;
4.12 Upload or post any internal materials, confidential information or other unauthorized content, information and/or statements;
4.13 Use, rent, loan, copy, modify, link, reproduce, compile, post, publish this software and related information, and/or establish a mirror site, or develop derivative products, works, services, plug-ins, add-ons, compatible products, interconnection, etc., based on this software without our prior written consent;
4.14 Reverse engineer any software or program of [Inner Mountain], such as disassembly or decompilation;
4.15 Modify or falsify commands, data, or packets in the operation of [Inner Mountain]’s software to add, delete, or alter the functions or operating effects of the software, and disseminate or operate the software used for the foregoing purposes through information networks;
4.16 Log in or use this software and services through third-party compatible software or systems that are not developed, authorized, or endorsed by us, and/or use plug-ins and add-ons that are not developed, authorized, or certified by us for the use of this software and services;
4.17 Without our prior consent, you are not permitted to use automated methods to access or collect data from [Inner Mountain], nor are you permitted to attempt to access data that you are not authorized to access;
4.18 You shall not misuse any reporting, tagging, dispute resolution, or complaint channels, such as submitting false, duplicate, or unsubstantiated reports or complaints;
4.19 Use the [Inner Mountain] software to commit any acts that jeopardize network security;
4.20 Use [Inner Mountain] and the services we provide in any illegal manner, for any illegal purpose, or in any manner inconsistent with this Agreement; or engage in any other activities that violate any laws or regulations, infringe on the legitimate rights of other users, interfere with the normal operation of [Inner Mountain], or take any action not expressly authorized by us.
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Third-party Software Disclaimer
5.1 Your [Inner Mountain] device may contain certain third-party application programmes or services. Such third-party apps or services may display, include, or provide content, data, information, apps, or materials from third parties (the “Third-party Software”), or offer links to certain third-party websites. Inner Mountain does not own such Third-party Software or its related intellectual property rights. Therefore, you acknowledge and agree that Inner Mountain is not obligated to provide support for such Third-party Software and does not guarantee the availability of content or services provided by such Third-party Software at any time. Furthermore, Inner Mountain shall not be liable for any contents, advertisements, products, services, or other materials provided on such Third-party Software.
5.2 You expressly understand and agree that any third-party names, logos, products, or services appearing on your [Inner Mountain] device are provided for your convenience only and do not constitute an express or implied endorsement, warranty, or recommendation of that such third party or its software. You further understand and agree that the use of any Third-party Software, including any information or personal data you provide (whether intentionally or unintentionally), shall be bound by the relevant terms of use, license agreements, privacy policies, or other such agreements. Hence, you shall be solely responsible for any risks that may arise from the use of Third-party Software.
5.3 Unless you have signed a separate agreement with respect to such Third-party Software, you agree not to modify, rent, lease, sublicense, distribute, or create derivative works based on such Third-party Software in any manner. You also agree not to exploit such Third-party Software in any unauthorized manner, including, but not limited to, by using such Software to transmit any computer viruses, worms, trojans, or other malware, or by intruding the network or increasing the network load. You further agree that you shall not use the Third-party Software in any way that harasses, abuses, threatens, defames, or infringes on the rights of any third party. You also warrant that you agree to hold Inner Mountain harmless from any such acts by you or any harassing, threatening, defamatory, offensive, infringing or unlawful information or transmissions resulting from the use of such Third-party Software.
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Protection and Authorization of User Information
6.1 Protection of User Personal Information Respecting user privacy is one of our fundamental policies, and we will collect, store, use, disclose, and protect your personal information in accordance with the Inner Mountain Privacy Policy as well as specific product privacy policies. Please fully read the above privacy policy and privacy guidelines to help you better protect your personal information.
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Intellectual Property Regulations
7.1 Intellectual Property Guarantee
You shall ensure that you have full rights or authorization to the text, images, and other content you post on [Inner Mountain]. You hereby warrant that such text, images do not infringe upon any third party’s legal rights and interests, including but not limited to copyrights, image rights, privacy rights, and trademark rights, among other personal and property rights. If your violation of the intellectual property guarantee as stipulated herein leads to any losses for [Inner Mountain], other users in the marketplace, or other third parties, you shall be liable for such damages.
7.2 Infringement Complaint
(1) [Infringement of intellectual property rights] We respect the intellectual property rights of others. If your legal intellectual property rights in text, images, etc. on [Inner Mountain] are infringed by a third party, or if a third party believes that you have infringed their legal intellectual property rights in text, images, etc. on [Inner Mountain], then either party has the right to send a written notice to [Inner Mountain]. [Inner Mountain] will handle such suspected intellectual property infringement of text, images, etc. in accordance with applicable laws and the service rules. Meanwhile, you agree to indemnify us and hold us harmless from any third-party claims against us that may arise from the notices you submit, including, without limitation, all reasonable expenses we incur as a result of such claims.
(2) [Infringement of other rights] If a third party believes that the text, images, etc. that you post on [Inner Mountain] have violated their rights other than intellectual property rights, and if [Inner Mountain] preliminarily verifies the suspected infringement of other rights and you fail to provide contrary evidence, [Inner Mountain] has the right to remove such text, images, etc. suspected of infringing other rights from [Inner Mountain].
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[Inner Mountain] Intellectual Property and Related Rights Reserved
8.1 [Inner Mountain] is developed by Beijing Neifeng Technology Co., Ltd. which owns the intellectual property rights including, but not limited to, unique graphics, logos, domain names, trademarks, source code, page styles, programs, functions, layout, text, images, music, animations, videos, graphics, data, etc. on [Inner Mountain]. Without our permission, any media, website or individual shall not copy, reproduce, hotlink, upload, download, display, imitate or otherwise infringe upon the intellectual property rights of [Inner Mountain], nor shall you falsely claim that you have the right to display, use, or perform other actions related to such intellectual property rights. Otherwise, the legal obligations shall be pursued by us in accordance with the law.
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Disclaimer
9.1 Although we strive to provide you with quality services and experiences, please understand that we or our third-party partners cannot guarantee the following:
(1) The products and services provided by us can meet your specific needs;
(2) We will provide you with accurate, secure, continuous, reliable and error-free services without interruption;
(3) [Inner Mountain] will not experience any information storage failures, communication breakdowns, technical issues, network failures, system instability, hacker attacks, virus intrusions, illegal content, government regulations, and so on;
(4) Your information will not be lost, deleted, damaged or divulged at any time;
(5) Any products or services on [Inner Mountain] meet users’ expectations.
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Advertising
10.1 Our services may include advertisements, and you agree to view advertisements and third-party links provided by us and our third-party vendors and partners during your use. Except as otherwise expressly provided by law or regulation, you are responsible for any transactions made based on such advertising information. You will hold us harmless from any liability for any loss or damage you may incur as a result of transactions or content provided by the aforementioned advertisers.
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Force Majeure
11.1 In no event shall we be liable for any failure or delay in performance of this Agreement due to normal maintenance of Internet equipment, Internet connection failures, computer communications or other system failures, power outages, strikes, riots, civil commotions, catastrophic weather conditions (such as fires, floods, storms, etc.), explosions, war, governmental actions, judicial or administrative orders.
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Liability and Compensation for Breach of Contract
12.1 [Handling of infringement] Please respect our and any third party’s ownership and intellectual property rights. If we have reasonable evidence of your tort, we have the right to hold you liable for such infringement. You should also fully indemnify us for any losses we suffer as a result of your infringement, including but not limited to arbitration fees, court costs, legal fees, travel expenses and all other reasonable expenses incurred by us in connection therewith.
12.2 [Handling of complaint ] If you are reported or complained about by other users, or if we have reasonable grounds to believe that you are suspect of violating any applicable laws and regulations, the terms of this Agreement, the Privacy Policy, or any other rules of Inner Mountain, we have the right, at any time and without prior notice, to review the relevant content (including, but not limited to, all of your information and data, chat records, etc.), delete, block, and, depending on the severity of such violation, take measures such as warnings, restriction or prohibition of the use of some or all of the functions, account ban until cancellation. We also have the right to announce the handling results in accordance with the relevant laws and regulations and, if necessary, notify public security and other authorities.
12.3 [Penalties] You understand and agree that we have the right to impose penalties on any behavior that violates relevant laws and regulations or the provisions of this Agreement, take appropriate legal actions against any users who violate the law or regulations, and report relevant information to the relevant authorities in accordance with the laws and regulations. You shall be solely responsible for any legal liabilities arising therefrom.
12.4 [Indemnity liability] You shall be fully liable for any claims, losses, damages, liabilities, costs, expenses (including, but not limited to, attorneys’ fees) suffered by us or any third party as a result of any breach of contract, tort, or offence committed by you. Furthermore, when you are in violation of the laws, regulations, or the terms of this Agreement, we have the right to freeze and/or deduct all or part of the fees payable to you as liquidated damages. If such liquidated damages are still insufficient to compensate us for the losses we have suffered, we reserve the right to seek further damages from you.
12.5 [Third party damages] In the event of any property or personal losses or damages caused to you by any third party, please notify us immediately. We will provide assistance in liaising with such third party for communication and negotiation. During this process, please give us a reasonable amount of preparation and contact time.
12.6 [Indemnity limit] To the maximum extent permitted by applicable laws and regulations, we shall be liable to you only in respect of the services described herein and our liability shall be limited to one (1) time the service fee we have charged you for the specific service provided. In addition, we and our affiliates assume responsibility independently.
12.7 [Indirect loss] Unless otherwise mandated by law, our indemnity liability to you is limited to direct loss, excluding any indirect loss, incidental loss, special loss, consequential loss, punitive loss, collateral damage, loss of goodwill, loss of profit etc.
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Termination of this Agreement
13.1 In circumstances specified in Article 13.2 of this Agreement or other situations that mandate the termination of services, we may notify you of the termination of this Agreement in the manner stated in Article 14 hereof. In addition, we reserve the right to terminate this Agreement by closing your account if you do not log into your account for an extended period of time as set forth herein.
(1) The account is in normal operational status. No restricted account instances or substantiated report and complaint records exist for your account.
(2) The account is in a secure state. You have not changed your password, modified your binding account, or performed other sensitive operations in the last month, and your account has not been stolen, banned, or otherwise compromised.
13.2 You have the right to terminate this Agreement by canceling your account through the procedures and means published in the Inner Mountain Privacy Policy as provided by us. To apply for account cancellation, you must meet the following conditions:
13.3 Please note that account cancellation is irreversible. After you successfully cancel your account, your account information, transaction history, and service records cannot be retrieved or restored.
13.4 Upon termination of this Agreement, you shall remain accountable for your use of the [Inner Mountain] account and specific product services prior to the termination of this Agreement.
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Notice
14.1 When you register for an [Inner Mountain] account and accept specific product services, you should provide us with accurate and valid contact information, including your contact number, email address, mailing address, etc. In the event of any changes to your contact information, you are obligated to update the relevant details in a timely manner and maintain an accessible status for contact.
14.2 We will communicate with you through phone calls, text messages, emails, as well as by posting announcements, notifications, or statements on specific product websites, client apps, and the WeChat public account. You agree that we can give notice to you by the contact methods set forth above. Written notices sent electronically will be deemed to have been served upon successful delivery, while written notices sent in paper form will be deemed have been served five (5) natural days after being mailed to the contact address you provide.
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Governing Law and Dispute Settlement
15.1 You agree that any disputes related to this Agreement between you and us shall be governed by the laws of [the People’s Republic of China], excluding the rules for conflict of laws.
15.2 We reserve the right to amend this Agreement at any time based on changes in relevant laws, regulations, and adjustments to the operation and business strategies of [Inner Mountain]. Any amendments to the terms will be announced on the product webpages of [Inner Mountain] and/or client apps which will specify the most recent date of amendment. In case of any dispute, the latest version of this Agreement shall prevail. Should you be in disagreement with the modifications made to the pertinent terms, you have the right to discontinue using the services we provide. If you continue to use the services provided by [Inner Mountain], it will be considered that you have accepted the modifications made by [Inner Mountain] to the relevant terms of this Agreement.
15.3 If any provision of this Agreement is deemed null and void, invalid or unenforceable for whatever reason, such provision shall be deemed severable and shall not affect the validity and enforceability of any other provisions of this Agreement.
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Contact Information
Customer service e-mail: [social@innermountain.org]