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More Meditation Membership User Agreement
Version Number: V1.0 (2022) This version is effective from July 27th, 2022 Welcome to use Mer Meditation products (hereinafter referred to as "us" or "this platform"). Member users (hereinafter referred to as "you" or "member users") shall comply with the following terms of the Member User Agreement when purchasing services and becoming a member user in subsequent activities: Before registering, logging in to or using the Mer Meditation (hereinafter referred to as "this platform" or "Mer Meditation"), or using the Mer Meditation service (hereinafter referred to as "this service" or "Mer Meditation service"), you should carefully read and fully understand all the terms of the Mer Meditation Member User Agreement (hereinafter referred to as "this Agreement"), especially the clauses that exempt or limit liability, intellectual property clauses, legal application, and dispute resolution. The above terms are highlighted in bold and underlined, please read them carefully. You confirm that you should have the civil capacity that is appropriate for your actions as stipulated by the laws of the People's Republic of China, and ensure that you have the ability to independently assume responsibility for all your actions in using the services provided by Mer Meditation. If you do not have the aforementioned subject qualifications, please read this agreement with your parents or legal guardians and obtain their consent to your use of the service and all terms of this agreement before using this service. Mohr Meditation has the right to seek compensation from your guardian when required by law or this agreement to hold you responsible. If you have any objections to any terms of this agreement or are unable to accurately understand any terms of this agreement, please do not access and/or use Mer Meditation and this service. Your registration, login, access to Mer Meditation, use of this service, and other actions shall be deemed as acceptance of all the contents of this agreement, and also mean that you will accept the constraints of this agreement and future updates to this agreement, and obey the unified management of Mer Meditation. 1、 Acceptance of the terms of the Member User Agreement Please read this agreement carefully, especially the clauses that exempt or limit the platform's liability and other clauses that restrict your rights. Once you register, it means that you have read and agreed to reach an agreement with this platform, fully understand and accept all the terms of the Member User Agreement. If you do not agree with this agreement or any of its terms during the process of reading this agreement, you should immediately stop the registration process. 2、 Regarding the Membership User Agreement: The applications provided through the app store are authorized for your use, not sold to you. Your license for each application is subject to your prior acceptance of this License Application End Member User License Agreement ("Standard EULA") or a custom End Member User License Agreement ("Custom EULA") between you and the application provider (if any). Your license to any Apple application under this standard EULA or custom EULA is granted by Apple, and your license to any third-party application under this standard EULA or custom EULA is granted by the application provider of that third-party application. Any application subject to this standard EULA is referred to as a "licensed application" in this document. The application provider or Apple (as applicable) (the "licensor") reserves all rights to licensed applications not expressly granted to you under this standard EULA. a、 Scope of License: The licensor grants you a non transferable license to use the licensed application on any Apple branded product owned or controlled by you, and to use it as permitted by the usage rules. The terms of this standard EULA shall govern any content, materials, or services accessible or purchased in the licensed application, as well as any upgrades provided by the licensor to replace or supplement the original licensed application, unless such upgrades are accompanied by a customized EULA. Unless otherwise specified in the usage rules, you are not allowed to distribute or provide licensed applications on a network where multiple devices can be used simultaneously. You are not allowed to transfer, redistribute, or sublicense licensed applications. If you sell your Apple device to a third party, you must remove the licensed application from your Apple device before doing so. You are not allowed to copy (unless permitted by this license and usage rules), reverse engineer, disassemble, attempt to derive the source code of the licensed application, modify or create derivative works of the licensed application, any updates, or any part thereof (unless and only limited to any of the aforementioned restrictions prohibited by applicable law or the use of any open source components included in the license application within the scope permitted by the license terms). b、 Agree to use data: You agree that the licensor may collect and use technical data and related information, including but not limited to regularly collected technical information about your devices, systems, application software, and peripheral devices, in order to provide software updates, product support, and other services related to the licensed applications (if any) provided to you. The licensor may use this information to improve its products or provide services or technology to you, as long as the form of this information does not indicate your personal identity. c、 Terminate. This standard EULA is valid until terminated by you or the licensor. If you fail to comply with any terms of this standard EULA, your rights under this standard EULA will automatically terminate. d、 External services. The licensed application can access the licensor and/or third-party services and websites (collectively and individually referred to as "external services"). You agree that the risk of using external services shall be borne by yourself. The licensor is not responsible for inspecting or evaluating the content or accuracy of any third-party external services, nor is it responsible for any such third-party external services. Any data displayed by licensed applications or external services, including but not limited to financial, medical, and location information, is for general information purposes only and the licensor or its agents do not provide guarantees. You are not allowed to use external services in any way that does not comply with the terms of this standard EULA or infringes on the intellectual property rights of the licensor or any third party. You agree not to use external services to harass, abuse, track, threaten or defame any person or entity, and the licensor shall not be responsible for any such use. External services may not be available in all languages or in your home country, and may not be suitable for use in any specific location. Within the scope of your choice to use such external services, you are fully responsible for complying with any applicable laws. The licensor reserves the right to change, suspend, delete, disable, or impose access restrictions or limitations on any external services at any time without notice or liability to you. e、 No guarantee: You expressly acknowledge and agree that the risk of using the licensed application is your own responsibility. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application are provided "as is" and "as available" without any fault or warranty of any kind. The licensor hereby denies all express, implied or statutory warranties and conditions relating to the licensed application and any services, including but not limited to implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non infringement of third-party rights. Any oral or written information or advice provided by the licensor or its authorized representative does not constitute a guarantee. If the licensed application or service is proven to have defects, you will bear all necessary costs for services, repairs, or corrections. Some jurisdictions do not allow the exclusion of implied warranties or limitations of consumer rights, so the above exclusions and limitations may not apply to you. f、 Limitation of Liability. Within the scope not prohibited by law, the licensor shall not be liable for any personal injury or any incidental, special, indirect or consequential damages caused by your use or inability to use the licensed application, including but not limited to loss of profits, data loss, business interruption or any other commercial damages or losses, regardless of liability theory (contract, tort or otherwise), even if the licensor has been informed of the possibility of such damages. Some jurisdictions do not allow limitations on liability for personal injury, incidental or consequential damages, so such limitations may not apply to you. In any case, the total liability of the licensor for all damages to you (excluding personal injury that may be required by applicable law) shall not exceed $50.00. Even if the above remedial measures fail to achieve their basic objectives, the above limitations will still apply. g、 You are not allowed to use or otherwise export or re export license applications unless authorized by US law and the law of the jurisdiction where the license application is located. In particular, but not limited to, the license application shall not export or re export (a) to any U.S. embargoed country or (b) to any person on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce's Denied Persons List or Entity List. By applying for a license, you declare and guarantee that you are not on any such country or any such list. You also agree that you will not use these products for any purpose prohibited by US law, including but not limited to the development, design, manufacture, or production of nuclear weapons, missiles, or chemical or biological weapons. h、 The license application and related documents are "commercial goods," as defined in 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software files," as used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202 (as applicable). According to 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 to 227.7202-4 (as applicable), commercial computer software and commercial computer software documentation are licensed only to US government end member users (a) as commercial projects, and (b) granting all other end member users the rights under the terms and conditions of this Agreement. According to US copyright law, unpublished rights are reserved. i、 Except as expressly provided in the following paragraphs, this Agreement and your relationship with Apple shall be governed by the laws of the State of California, excluding its conflict of laws provisions. You and Apple agree to submit to the exclusive jurisdiction of the Santa Clara County Court in California to resolve any disputes or claims arising from this Agreement. If (a) you are not a US citizen; (b) You do not reside in the United States.; (c) You did not access the service from the United States.; (d) You are a citizen of one of the following countries, and you hereby agree that any disputes or claims arising from this Agreement shall be governed by the following applicable laws, without regard to any conflict of laws provisions. You hereby irrevocably submit to the non exclusive jurisdiction of the courts of that state, province, or country under the jurisdiction of the law: If you are a citizen of any EU country or Switzerland, Norway or Iceland, the applicable law and court shall be the law and court of your usual place of residence. The law known as the United Nations Convention on the International Sale of Goods is explicitly excluded from the scope of application of this agreement. 3、 Confirmation and Change of Service Agreement This agreement is a binding legal document between you (hereinafter referred to as the "Member User") and Mer Meditation regarding the registration, login, and use of Mer Meditation services. The content of this agreement includes the main text of the agreement, as well as other statements, rules, and announcements that have been published or may be published in the future by Mer Meditation, including but not limited to the Mer Meditation Privacy Policy, Mer Meditation Member User Agreement, etc. The above statements, rules, announcements, etc. are an integral part of this agreement and have the same legal effect as this agreement. Mer Meditation may periodically update this agreement, and member users can check the latest version of this agreement on the Mer Meditation software's internal page. The new agreement will replace the original agreement once it is announced. If the member user does not accept the updated agreement, they should immediately stop using the services provided by Mer Meditation. 4、 Mer Meditation Service Content Mohr Meditation is an Internet platform that provides content services for member users, including but not limited to: experts in various fields (hereinafter referred to as "experts"), sharing personal opinions and disseminating industry knowledge in the form of text, audio or video; Member users can read, listen, forward, and share relevant content, and publish comments in various forms including but not limited to text, images, audio, and video (hereinafter referred to as "comments"), in order to achieve communication and interaction with other member users. 5、 Account registration, login, and usage Member users must register and/or log in to their account before using this service. Member user login accounts include but are not limited to the member user's own mobile phone number, WeChat account, etc. Member users are required to provide truthful, timely, detailed, and accurate personal information in accordance with the requirements of Mer Meditation, including but not limited to phone numbers, identity information, passwords, and all information entered during registration or updating of registration information (hereinafter referred to as "personal information"). If there are any changes to personal information, member users must update it promptly on Mer Meditation. The act of changing a mobile account is considered as registering a new account, and all information in the original account, including but not limited to purchased services, virtual property, etc. (if any), will not be transferred. When registering an account and filling out personal information, member users must promise to abide by the seven bottom lines of laws and regulations, socialist system, national interests, legitimate rights and interests of citizens, public order, social morality, and information authenticity. They must not contain illegal or harmful information in their personal information, and must not use or associate with institutions or social celebrities. Member users guarantee that they will not have the following situations when registering and using their account: (1) Violating the provisions of the Constitution or laws and regulations; (2) Endangering national security, leaking state secrets, subverting state power, and undermining national unity; (3) Those that harm national honor and interests, and those that harm public interests; (4) Those who incite ethnic hatred, ethnic discrimination, and undermine ethnic unity; (5) Disrupting national religious policies, promoting cults and feudal superstitions; (6) Spreading rumors, disrupting social order, and disrupting social stability (7) Spreading obscenity, pornography, gambling, violence, murder, terror, or inciting crime; (8) Insult or defame others, and infringe upon their legitimate rights and interests; (9) Containing other content prohibited by laws and administrative regulations. If the personal information provided by a member user to Mer Meditation is inaccurate, untrue, contains illegal or harmful information, Mer Meditation has the right not to register and reserves the right to terminate the member user's use of Mer Meditation's various services. If a member user uses false information to obtain account registration or if their personal information such as account avatar or profile picture contains illegal and harmful information, Moer Meditation has the right to take measures such as notifying a deadline for correction, suspending use, and canceling registration. For those who falsely use the registered account name of affiliated institutions or social celebrities, Moer Meditation has the right to cancel the account and report to the government regulatory department. The ownership of the membership user account of Mer Meditation belongs to Mer Meditation. The membership account of Mer Meditation is only for the use of the member themselves and is prohibited from giving, borrowing, renting, transferring or selling. If Mer Meditation discovers that the user is not the initial registrant of the account, it has the right to revoke the account without notice and does not need to bear legal responsibility to the account user. Any losses caused by this, including but not limited to communication interruption, data, virtual property clearing, and purchased service clearing, shall be borne by the member user themselves. Member users agree to receive commercial information provided by Mer Meditation during the use of this service, including but not limited to legal methods such as email and mobile SMS. Member users have the right to unsubscribe or refuse push notifications through other means regarding the commercial information sent by Mer Meditation mentioned above. The member user agrees that in the event of a dispute, all data and records related to the registration, login, and use of the Mer Meditation account, including but not limited to all login, recharge, purchase records, and related usage statistics, shall be subject to the system data of Mer Meditation. Member users have the responsibility to properly safeguard the security of their Mer Meditation account information and password. Member users are required to bear legal responsibility for their actions under the Mer Meditation account. Any legal liability arising from the lending, leakage or theft of account, password and other information by others shall be borne by the member users themselves. The member user agrees not to use the accounts of other member users under any circumstances. The member user agrees that if any illegal use of the member user account or security vulnerability is discovered, they have the obligation to immediately inform Mer Meditation. This platform may involve paid services, including but not limited to purchasing virtual currency for account recharge and using virtual currency to purchase Mer Meditation services. Please refer to the "Mer Meditation Member User Agreement" for matters related to recharging, purchasing, and usage. 6、 Rights and obligations of both parties Member users must be responsible for all actions that occur under their own account. Member users must ensure that all actions taken during Mer Meditation, including but not limited to publishing and disseminating relevant content, comply with laws and regulations, relevant policies, and Mer Meditation's statements, rules, announcements updated from time to time, and comply with basic social norms such as public order and good customs. Member users undertake to own or obtain all necessary rights to the content they publish on Mer Meditation, including but not limited to: the right or legal authorization to use and/or legal authorization to use all intellectual property, trade secrets, portrait rights, performer rights, and other rights related to the published content. At the same time, member users guarantee that the content they post on Mer Meditation does not infringe upon anyone's legitimate rights and interests, including but not limited to reputation rights, privacy rights, etc. Mohr Meditation has the right to review the content posted by member users at any time. If Mohr Meditation believes that the content posted by member users is illegal, infringing, or inappropriate, Mohr Meditation has the right to take measures such as blocking, deleting content, suspending the use of member user accounts, and canceling member user accounts without the prior consent of member users. Member users promise that without the consent of Mer Meditation, they cannot use Mer Meditation content for copying, selling, disseminating, or other commercial purposes other than this service. If member users need to use the service for commercial purposes, they should notify Mole Meditation in writing and obtain explicit authorization from Mole Meditation. Member users promise not to upload, post, send emails, or transmit any information related to software viruses or other computer codes, files, and programs that interfere with, damage, or restrict the functionality of any computer software, hardware, or communication devices; Do not attack, destroy, or alter any part or all of the Mer meditation in a technical manner, or interfere with its operation; Do not illegally obtain or use any software, code, or other technical or commercial information related to Mer Meditation; Do not reverse engineer, decompile, reassemble, or rewrite any programs running on Mer Meditation. Member users hereby authorize Mer Meditation to use their name (including but not limited to pen name, username, and any text symbol representing their membership) and portrait for free, permanently, and irrevocably worldwide in interface design, promotion, and other activities (including but not limited to channel design, external promotion, product introduction, etc.). Member users agree to grant free, permanent, and irrevocable use and sublicense of information and content (including but not limited to text, images, audio, and video) generated by member users through the publication or use of Mer meditation services worldwide. Mer meditation may use related content through various means, including but not limited to use, copy, distribute, adapt, compile, disseminate, modify, sublicense, film, translate, create derivative works, publish, perform, and screen. Member users are authorized to file separate lawsuits or take other legal actions against any entity that infringes upon the aforementioned information and content. This platform has the right to take one or more of the following measures to punish member users who violate this agreement, depending on the severity of the situation: (1) Suspend/terminate the provision of all or part of the services; (2) Delete illegal content; (3) Temporary/permanent account suspension; (4) Deducting or clearing some or all virtual assets; If Mermeditation believes that the virtual assets (including but not limited to virtual currencies) in a member's account have abnormal sources, Mermeditation has the right to temporarily freeze the account and conduct an investigation. If it is determined after investigation that there is an abnormal source situation, Mer Meditation has the right to confiscate the abnormal source part, and those with serious circumstances will have their accounts banned; Abnormal source situations include but are not limited to: recharging or purchasing through channels not approved by Mer Meditation, obtaining through system bugs, vulnerabilities, or cheats, obtaining through other improper sources, etc. If a member user violates this agreement and causes a third party to make claims or demands against Mer Meditation and its affiliated or cooperative companies, the member user agrees to bear all legal responsibilities, including but not limited to compensation, fines, settlement fees, litigation and arbitration fees, reasonable legal fees, etc., and agrees to compensate for the damages caused to Mer Meditation as a result. The ways in which member users are liable for compensation include but are not limited to paying them the same amount of funds as the loss based on written notice from Mer Meditation, and offsetting related losses with accumulated virtual property. 7、 Member User Privacy Policy Respecting the privacy of member users is a fundamental policy of Mer Meditation. Mer Meditation will collect, store, use, disclose, and protect your personal information in accordance with Mer Meditation's privacy policy. Please read the above privacy policy in its entirety to help you better protect your personal information. 8、 Intellectual Property The images, texts, or their compositions related to Mer meditation in this service, as well as other Mer meditation logos and product/service names, are all identified by this platform. Without the prior written consent of this platform, member users are not allowed to display, use, or apply for trademark registration, domain name registration, etc. of this platform's logo in any way, nor are they allowed to engage in any behavior that explicitly or implicitly authorizes the display, use, or other handling of this platform's logo to others. If a member user causes losses to this platform or others due to the illegal use of the platform logo, the member user shall bear the relevant legal responsibilities. The text, images, audio, video, and other content transmitted through this platform are protected by copyright law, trademark law, patent law, or other laws; Without written authorization and permission from this platform, member users are not allowed to copy, reproduce, disseminate, modify, sell, derive other works or engage in other activities that infringe on the intellectual property rights of this platform on their own or by allowing third parties to do so. Member users who purchase content on Mer Meditation are only allowed to use it legally for their own purposes. Member users are not allowed to allow third parties to obtain all or part of the content in any form, whether paid or free of charge. 9、 Special Declaration For the avoidance of doubt, the member user hereby irrevocably confirms that they are aware of and agree that the content posted by experts and other member users on the Mer Meditation platform only represents their personal views and does not reflect or represent the views, positions, or policies of this platform. Mer Meditation has the right to review, modify, and delete content posted by all members, users, and experts without notifying them, but does not guarantee its legality, accuracy, and completeness, and shall not be liable for any direct or indirect losses resulting therefrom. Member users shall not be held responsible for any losses suffered due to system downtime maintenance, upgrades, adjustments announced by the platform, third-party reasons such as telecommunications equipment failures, computer viruses or hacker attacks, technical issues, network and computer failures, system instability, typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, government regulations, and other force majeure reasons; Mer Meditation will do its best to maintain the security and convenience of all services on the account, but will not be responsible for any failure to delete or store information (including but not limited to information posted by member users) that appears on the service. If the normal operation of the service is affected by uncontrollable events such as technical failures, Mer Meditation and its cooperating units promise to cooperate with relevant units in a timely manner to handle and repair it. However, Mer Meditation and its cooperating units shall not be liable for any losses suffered by member users as a result. Member users fully understand and agree that due to business development needs, unforeseen circumstances, etc., Moer Meditation may change, suspend, restrict, or terminate some or all of its services, and Moer Meditation does not need prior notice to make such actions. Member users are aware of and voluntarily assume such risks and related legal responsibilities. Mohr Meditation may provide third-party Internet websites or resource links. Unless otherwise stated, Mohr Meditation cannot control the above websites or resource links. Therefore, Mohr Meditation will not bear any responsibility for the loss or damage caused by downloading, spreading, using or relying on the above websites or resources. 10、 Application of Law and Dispute Resolution This agreement shall be governed by the laws in force in mainland China. When any content of this agreement conflicts with the laws of the People's Republic of China, the legal provisions shall prevail, and the relevant agreements shall be modified or reinterpreted in accordance with the legal provisions, while the legal effect of other parts of this agreement shall remain unchanged. Any dispute arising from or in connection with this contract shall be submitted to the China International Economic and Trade Arbitration Commission for arbitration in accordance with its current effective arbitration rules at the time of application. The place of arbitration shall be Guangzhou, and the arbitral tribunal shall be composed of three arbitrators. The arbitration award is final and binding on both parties. 11、 Supplementary Provisions Failure to exercise, fail to exercise in a timely manner, or fail to fully exercise the rights enjoyed under this agreement or in accordance with legal provisions shall not be deemed a waiver of such rights, nor shall it affect the exercise of such rights by Mer Meditation in the future. If any provision of this agreement is completely or partially invalid or unenforceable for any reason, the remaining provisions of this agreement shall remain valid and binding, and Mer Meditation and its member users shall make every effort to achieve the original intention set forth in this agreement. The headings in this agreement are for convenience only and shall not serve as a basis for interpreting this agreement.
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2025年7月15日 10:39
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