Menke User Agreement

Last update date: November 16, 2022
Effective date: November 31, 2022

XINTUOYUN (BEIJING) TECHNOLOGY CO.,LTD. (hereinafter Menke) hereby reminds you (user) to carefully read this "Menke User Agreement" (hereinafter referred to as the "Agreement") before registering as a user to ensure that you fully understand this The terms of the agreement. Please read carefully and choose to accept or not accept this agreement. Unless you accept all the terms of this agreement, you have no right to register, log in or use the services covered by this agreement. Your registration, login, use, etc. will be regarded as acceptance of this agreement, and you agree to be bound by the terms of this agreement.

This agreement stipulates the rights and obligations between Menke and users regarding the "gate course" software and website services (hereinafter referred to as "services")“ "User" refers to the person or organization that registers, logs in and uses the service. This agreement can be updated by Menke at any time. Once the updated agreement terms are published, they will replace the original agreement terms without further notice. Users can check the latest version of the agreement terms on this website. After Menke modifies the terms of the agreement, if the user does not accept the modified terms, please immediately stop using the services provided by Menke. If the user continues to use the services provided by Menke, it will be regarded as accepting the modified agreement.

1、 Account registration

1. Users need to register a "course" account before using this service. The course account should be registered with the mobile phone number binding. Please register the course account with the mobile phone number that has not been bound with the course account and the mobile phone number that has not been blocked by Menke according to this agreement. Menke can change the way of account registration and binding according to user needs or product needs without prior notice to users.

2. In view of the binding registration method of the course account, you agree that Menke will use the mobile phone number provided by you and / or automatically extract your mobile phone number and your mobile device identification code for registration.

3. When users register and use the service, Menke needs to collect personal or institutional information that can identify users, so that Menke can contact users when necessary, or provide users with better experience. The information collected by Menke includes but is not limited to the user's name, gender, age, date of birth, address, school situation, industry, personal or organization description; Menke agrees that the use of such information will be limited by Article 3 of the user's personal or institutional privacy information protection.

2、 Service content

The specific content of this service is provided by Menke according to the actual situation, including but not limited to authorized users' instant messaging through their accounts, adding friends, joining groups, paying attention to others, and posting messages. Menke can change the services it provides, and the service content it provides may change at any time; Users will receive the notice of service change from Menke.

3、 Privacy information protection of users or organizations

1. Users may need to fill in or submit some necessary information in the process of registering accounts or using the service, such as the identity information required to be filled in according to laws and regulations, regulatory documents (hereinafter referred to as "laws and regulations"). If the information submitted by the user is incomplete or does not comply with the provisions of laws and regulations, the user may not be able to use the service or be restricted in the process of using the service.

2. Personal or institutional privacy information refers to the information related to the user's personal or institutional identity or personal or institutional privacy, such as the user's real name, ID number, mobile phone number, mobile device identification code, IP address and user chat record. Non personal or institutional privacy information refers to the basic record information clearly and objectively reflected by the user's operation status and usage habits of the service on Menke server, other ordinary information outside the scope of personal or institutional privacy information, and the above privacy information that the user agrees to disclose.

3. It is the consistent system of Menke to respect the privacy of users' personal or institutional privacy information. Menke will take technical measures and other necessary measures to ensure the security of users' personal or institutional privacy information and prevent the leakage, damage or loss of users' personal or institutional privacy information collected in this service. In case of the above situation or Menke finds the possibility of the above situation, it will take timely remedial measures.

4. Menke will not disclose the user's personal or institutional privacy information to any third party without the user's consent. Except for the following specific circumstances:

(1) Menke provides users' personal or institutional privacy information according to laws and regulations or instructions of competent authorities;

(2) Any personal or institutional information leakage caused by the user informing others of his or her user password or sharing his or her registered account and password with others, or other personal or institutional privacy information leakage not caused by Menke;

(3) Users disclose their personal or institutional privacy information to a third party on their own;

(4) The user and Menke and the cooperation unit reach an agreement on the use and disclosure of the user's personal or institutional privacy information, so Menke will disclose the user's personal or institutional privacy information to the cooperation unit;

(5) Any leakage of personal or institutional privacy information caused by hacker attack, computer virus invasion and other force majeure events.

5. The user agrees that Menke can use the user's personal or institutional privacy information in the following matters:

(1) Menke sends important notices to users in a timely manner, such as software updates and changes in the terms of this agreement;

(2) Audit, data analysis and research are carried out in Menke to improve its products, services and communication with users;

(3) According to the agreement, the cloud management, review of user information and processing measures shall be carried out;

(4) Other matters specified by applicable laws and regulations.

In addition to the above matters, without the prior consent of the user, Menke will not use the user's personal or institutional privacy information for any other purpose.

6. Menke attaches importance to the protection of minors' personal or institutional privacy information. Menke will rely on the personal or institutional information provided by users to determine whether users are minors. Any minor under the age of 18 should obtain the written consent of the parent or his legal guardian (hereinafter referred to as "guardian") before registering the account or using the service. In addition to the disclosure according to the provisions of laws and regulations and the instructions of competent authorities, Menke will not use or disclose the chat records of minors and other personal or institutional privacy information to any third party. Except for the exceptions agreed in this agreement, Menke will not use or disclose the minors' personal or institutional privacy information to any third party without the prior consent of the guardian. Any user under 18 years old is not allowed to transfer or disseminate irrelevant teaching content through Menke software.

7. The user confirms that the geographic location information is not personal or institutional privacy information, and the user's successful registration of the course account is regarded as confirming the authorization of Menke to extract, disclose and use the user's geographic location information. The geographic location information of users will be one of the public information of users, which will be disclosed by Menke to other users. If users need to stop disclosing their geographic location information to other users, they can set themselves to the stealth state at any time.

8. In order to improve the technology and services of Menke and provide users with better service experience, Menke may collect and use users' non personal or institutional privacy information by itself or provide users with third parties.

4、 Content specification

1. The content mentioned in this article refers to any content produced, uploaded, copied, published and disseminated by the user during the service, including but not limited to the registration information and authentication materials such as account title, name and user description, or sending, replying or automatically replying to messages and related link pages of words, voice, pictures, videos, pictures, pictures, etc. And other content generated by using account number or the service.

2. Users shall not use the class account number or the service to produce, upload, copy, publish and disseminate the following contents prohibited by laws, regulations and policies:

(1) Opposing the basic principles set forth in the constitution;

(2) Endangering national security, disclosing state secrets, subverting state power and destroying national unity;

(3) Damaging the honor and interests of the state;

(4) Incite national hatred or national discrimination and undermine national unity;

(5) Destroying the state religious policy and promoting cult and feudal superstition;

(6) Spreading rumors, disturbing social order and destroying social stability;

(7) Spreading obscene, pornographic, gambling, violence, murder, terror or abetting crime;

(8) Insulting or slandering others and infringing on the legitimate rights and interests of others;

(9) Failing to comply with the "seven bottom lines" of the legal and regulatory baseline, the socialist system baseline, the national interest baseline, the legal rights and interests of citizens, the bottom line of social public order, the bottom line of moral customs and the bottom line of information authenticity;

(10) Information containing politically, religious, moral sensitive words and contents prohibited by laws and administrative regulations.

3. Users shall not use the door account number or the service to create, upload, copy, publish and disseminate the following contents that interfere with the normal operation of the class and infringe the legitimate rights and interests of other users or third parties:

(1) Containing any sexual or sexual implication;

(2) Containing abusive, intimidating or threatening content;

(3) Containing harassment, rubbish advertisement, malicious information and deception information;

(4) Involving the privacy, personal or institutional information or information of others;

(5) Infringing on the legitimate rights of others' reputation, portrait, intellectual property, trade secrets, etc;

(6) Contains other information that interferes with the normal operation of the service and infringes the legitimate rights and interests of other users or third parties.

5、 Rules of use

1. Any content transmitted or released by users in or through the service does not reflect or represent, nor shall they be deemed to reflect or represent the views, positions or policies of Menke, and Menke shall not be liable for it.

2. Users shall not use the account number of the course or the service to perform the following behaviors:

(1) Submitting or releasing false information, or misappropriating the head image or information of others, pretending to use the name of others;

(2) Forcing or inducing other users to pay attention to, click on the link page or share information;

(3) Making up facts or concealing the truth to mislead or deceive others;

(4) Establishing false accounts in batches by technical means;

(5) Engaging in any illegal and criminal activities by using the account number of the course or the service;

(6) To produce, publish, or operate or disseminate methods or tools related to the above actions, whether or not they are for commercial purposes;

(7) Other behaviors that violate laws and regulations, infringe other users' legitimate rights and interests, interfere with normal operation of the class or expand the class cloud without express authorization.

3. The user shall be fully responsible for the authenticity, legality, harmlessness, accuracy and effectiveness of the information transmitted by the user through the class account or the service. Any legal responsibility related to the information transmitted by the user shall be borne by the user itself and not related to the expansion of the class cloud. If the damage is caused to Menke or a third party, the user shall compensate according to law.

4. The services provided by Menke may include advertisements. Users agree to display the advertisements provided by Menke, third-party suppliers and partners during the use. Except as expressly provided by laws and regulations, users shall be responsible for the transactions conducted according to the advertising information, and Menke shall not be liable for any loss or damage caused by the transactions conducted by users according to the advertising information or the contents provided by the above advertisers.

6、 Account management

1. The ownership of the course account belongs to Menke. After completing the registration application, the user obtains the right to use the course account. The right to use the account only belongs to the initial applicant. It is forbidden to donate, borrow, rent, transfer or sell it. Menke has the right to recover the user's account number due to business needs.

2. Users can change and delete personal or institutional information, registration information and transmission content on the course account. However, it should be noted that deleting the relevant information will also delete the text and pictures stored in the system. The user has to bear the risk.

3. The user has the responsibility to keep the security of the registered account information and account password. If the user does not keep the account properly, he may suffer from number theft or password theft, and the responsibility is borne by the user himself. Users need to bear the legal responsibility for the behavior under the registered account and password. User agrees not to use other user's account or password under any circumstances. When the user suspects that someone else is using his account or password, the user agrees to notify Menke immediately.

4. The user shall abide by the terms of this Agreement and use the service correctly and appropriately. If the user violates any terms of this agreement, Menke has the right to interrupt or terminate the service provided to the default user's account according to the agreement after notifying the user. At the same time, Menke reserves the right to take back the course account and user name at any time.

7、 Data storage

1. Menke is not responsible for the deletion or storage failure of relevant data in this service.

2. Menke can decide the longest storage period of users' data in the service according to the actual situation, and allocate the maximum storage space for the data on the server. Users can back up the relevant data in the service according to their own needs.

3. If the user stops using the service or the service is terminated, Menke can permanently delete the user's data from the server. After the service is stopped or terminated, Menke has no obligation to return any data to users.

8、 Risk taking

1. The user understands and agrees that the course only provides users with a platform for information sharing, transmission and acquisition. The user must be responsible for all behaviors under his registered account, including any content transmitted by the user and any consequences arising therefrom. Users shall make their own judgment on the content of the course and the service, and bear all the risks arising from the use of the content, including the risks arising from the reliance on the correctness, integrity or practicability of the content. Menke cannot and will not be liable for any loss or damage caused by user behavior. If the user finds that anyone violates the agreement or uses the service in other improper ways, please report or complain to Menke immediately, and Menke will deal with it in accordance with the agreement.

2. The user understands and agrees that due to the needs of business development, Menke reserves the right to unilaterally change, suspend, terminate or cancel all or part of the service content, and the user shall bear the risk.

9、 Intellectual property declaration

1. Except that the intellectual property rights related to advertising in this service are enjoyed by the corresponding advertisers, the intellectual property rights of the contents provided by Menke in the service (including but not limited to web pages, words, pictures, audio, video, charts, etc.) belong to Menke. The intellectual property rights of the users using the content generated in the service belong to the user or the relevant obligee.

2. Unless otherwise stated, copyright, patent rights and other intellectual property rights of software relied on by Menke when providing this service shall be owned by Menke.

3. The graphics, words or composition involved in this service, as well as other extension cloud signs, products and service names (hereinafter referred to as "Menke brand") shall be owned by Menke for its copyright or trademark rights. Without the prior written consent of Menke, users shall not display or use or otherwise deal with the extension cloud logo in any way, nor show to others that the user has the right to display, use or other behaviors entitled to handle the extension cloud logo.

4. The intellectual property rights owned by the above and any other extension cloud or related advertisers are protected by law. Users shall not use or create related derivative works in any form without written permission of Menke or relevant advertisers.

10、 Legal liability

1. If Menke discovers or receives reports from others or complains that the user violates the agreement, Menke has the right to review and delete relevant contents, including but not limited to user data and chat records without notice, and punish the illegal account number according to the seriousness of the circumstances, including but not limited to warning, account blocking, equipment blocking and function blocking, And notify the user of the processing results.

2. Users who are banned because of violation of user agreement can contact customer service to inquire about the reasons and time limit of the ban. The blocked users can submit a complaint to relevant pages of Menke website. Menke will review the appeal and make reasonable judgment to decide whether to change the punishment measures.

3. Users understand and agree that Menke has the right to punish the violation of relevant laws and regulations or the provisions of this agreement in reasonable judgment, take appropriate legal actions against any user who violates the law and regulations, and keep relevant information to relevant departments according to laws and regulations, and the user shall bear all legal liabilities arising therefrom.

4. The user understands and agrees that any claim, claim or loss, including reasonable attorney fees, claimed by any third party, caused or incurred by the user in violation of the agreement, shall indemnify and hold it harmless from and against any damage.

11、 Force majeure and other exemption

1. The user understands and confirms that during the use of the service, it may encounter force majeure and other risk factors, which will cause the service to be interrupted. Force majeure refers to the objective events that can not be foreseen, overcome and unavoidable and have a significant impact on one party or both parties, including but not limited to natural disasters such as flood, earthquake, epidemic and storm of plague, and social events such as war, turmoil, government behavior, etc. In case of the above situation, Menke will try to cooperate with relevant units in the first time to repair them in time, but the losses caused to users or third parties shall be exempted from liability by extension cloud and cooperative units within the scope permitted by law.

2. Like most Internet services, this service is affected by the differences including but not limited to user reasons, network service quality, social environment and other factors, and may be affected by various security problems, such as the use of user information by others, resulting in real-life harassment; Other software or websites that users download and install contain viruses such as Trojan horse, which threaten the security of users' 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 pay attention to strengthen password protection to avoid loss and harassment.

3. The user understands and confirms that the service is at risk of interruption or failure to meet the requirements of users due to force majeure, computer virus or hacker attack, system instability, user location, user shutdown and any other technology, Internet, communication line, etc., and therefore, the user or third party will not bear any responsibility.

4. The user understands and confirms that any loss to the user or third party arising from any other person's use of the service includes misleading, fraudulent, threatening, libel, offensive or illegal information, or anonymous or false information that infringes on the rights of others, and any loss caused by such information, Menke does not take any responsibility.

5. Users understand and confirm that Menke needs to regularly or irregularly overhaul or maintain the door platform or related equipment. If the service is interrupted within a reasonable time due to such circumstances, Menke shall not bear any responsibility for this, but the extension cloud shall inform the advanced operation.

6. Menke has the right to deal with illegal violations or contents according to laws and regulations and this agreement. This right does not constitute the obligation or commitment of Menke. Menke cannot guarantee to discover the illegal or breach of contract in time or deal with it accordingly.

7. The user understands and confirms that Menke shall not be liable for the quality defects of the following products or services provided by Menke to users and any losses caused by them:

(1) Any service provided by Menke to users;

(2) Any product or service offered by Menke to users.

8. In no case shall Menke be liable for any indirect, consequential, punitive, accidental, special or criminal damages, including loss of profits incurred by users in the use of the course or the service (even if Menke has been informed of the possibility of such loss).

12、 Change, interruption, termination of services

1. In view of the particularity of network services, users agree that Menke has the right to change, interrupt or terminate some or all of the services at any time.

2. In any of the following circumstances, Menke has the right to change, interrupt or terminate the services provided to users without any liability to the user or any third party:

(1) According to the law, the user shall submit the true information, and the personal or institutional data provided by the user are not true, or inconsistent with the information at the time of registration, and fail to provide reasonable proof;

(2) The user violates relevant laws and regulations or the agreement;

(3) According to the law or the requirements of the competent authority;

(4) For safety reasons or other necessary circumstances.

13、 Description and exemption of "courseware storage" service

1. The function module of "courseware storage" of Menke is an information storage space service module which provides users with upload space and technology. It provides users with basic online storage and other online services through cloud storage technology. The courseware storage of Menke does not upload or provide content directly, and does not modify or edit the user's transmitted content.

2. The "courseware storage" of Menke attaches great importance to the protection of personal or institutional intellectual property rights, and provides the protection of organization documents in the courseware storage. The teaching resources provided by the organization when creating the course are stored in the folder of the courseware storage of the course teachers. The folder and the document instructor cannot move, copy, share, delete, rename and so on.

3. After the end of the course period, the "courseware storage" of the extension cloud has the right to terminate the use right of the "upload courseware" on the teaching teacher side.

14、 Others

1. Menke solemnly reminds users of the terms in this agreement that exempt from the responsibility of Menke and restrict the rights of users. Please read carefully and consider the risks independently. Minors shall read this agreement with the company of legal guardian.

2. The validity, interpretation and dispute settlement of this Agreement shall be applicable to the laws of the people's Republic of China. If any dispute or dispute between the user and Menke occurs, it shall be settled through friendly negotiation first. If the negotiation fails, the user agrees to submit the dispute or dispute to the people's court with jurisdiction in the place where Menke is domiciled.

3. Any provision of this Agreement shall be invalid or unenforceable for any reason, and the remaining provisions shall remain valid and binding on both parties.

4. This Agreement shall come into force on the date of the agency's click and consent.