We welcome you in using Makaron’s services!
I.Introduction
This Agreement is a legally binding and valid contract between you and Shanghai Yitian Network Technology Co., Ltd. (hereinafter referred to as “Makaron”) with regards to you becoming a Pro member of Makaron and your usage of Pro member services provided by Makaron (hereinafter referred to as “Pro Member Services”). “Pro Member Services” refers to the membership rights and interests granted to a Pro member by Makaron; “Pro member” or “member” refers to a natural person that goes through all procedures in becoming a Makaron Pro member and complies with the relevant rules for using the services during the membership term in enjoying the services of being a Pro Member Services.
Makaron is kindly reminding you, by underlining or in other reasonable manners, to pay special attention to those clauses thereof which may have a material impact on your rights and interests (including relevant clauses on exemption or limitation of liability, etc.). Concurrently, you and Makaron both agree that the aforementioned clauses on exemption and limitation of liability shall not operate to “exempt liabilities, aggravate liabilities of the other Party, or exclude the major rights of the other Party” as stipulated in Article 40 of the Contract Law. Meaning, you and Makaron both acknowledge the legality and validity of the aforementioned clauses, and you will not claim that any clauses under this Agreement are illegal or void on the grounds that Makaron has not fulfilled its obligation to provide reasonable notification.
You must fully understand all contents of this clause before you use Pro Member Services, and if you do not agree with this clause, you are entitled to, and shall cease using Pro Member Services. If you continue to use Pro Member Services or make payments, you shall be deemed that to have accepted all contents stipulated thereof and you shall be liable for any losses caused by ignorance of the contents thereof. All virtual goods provided by Makaron are for your personal use only, which shall not be used for commercial, profit-making and other purposes and shall not be re-uploaded or resold. In case of any violation, Makaron reserves the right to pursue the legal liability of the parties accountable for the above-mentioned actions.
If you have any questions or any other related matters while reading this Agreement or getting/using Pro Member Services, Makaron provides you with a variety of feedback channels. For details, please refer to the section under “Contact Information”. Makaron will answer your questions as soon as possible.
Minors shall read and decide to agree to this agreement under the guideship and guidance of their guardians.
II.Makaron Pro Member Use Rules
1.The ownership and related intellectual property rights of Makaron’s products/services involved in the Pro Member Services are owned by or legally licensed to Makaron (except for the ownership of physical products legally acquired, personal property belonging to members under their accounts, and other rights and interests as otherwise specified by Makaron). Makaron grants Pro members a personal, non-exclusive, non-transferable, non-commercial, revocable, limited term license, namely, Pro members shall only have limited access to the above products/services. The services provided by Makaron will be strictly implemented in accordance with its terms of service and operating rules.
2.Makaron provides you with a variety of ways to become a Pro member. Makaron will give you clear instructions on every step on the relevant pages on guidance to becoming a Makaron Pro member which corresponds to each membership program. If you log in with a third-party account, you shall ensure the stability, authenticity, accuracy, legality and validity of the third-party account and all information contained therein. If you are unable to log in with a third-party account, you shall contact the third party for resolution. Makaron will not bear any liability and will not refund your Pro membership service fees you have paid and will not make any form of indemnification /compensation. If you use your personal information to register as a Makaron user and become a Pro member, you must ensure that the personal information you provide is true, accurate, legal and valid, and you shall update it in a timely manner in the event of any changes to such personal information. Otherwise, you shall bear all losses and liabilities for the failure to fully and effectively exercise the rights of Pro members or to obtain the latest notices from Makaron.
3.Please understand and acknowledge that, because the Apple App Store allows for non- registered users to purchase Pro Member Services as visitors, the Pro Member Services will bind to the device on which you purchase such membership and will only be able to be used on the bound device. If you wish to use such services on other devices, please click “resume purchase” on the device you wish to use, or click on “feedback” under the “more” page to leave a message to our customer service, Makaron will guide you through the specific process.
4.You acknowledge and agree that, Pro Member Services is a kind of online and virtual commodity, which will adopt the mode of charging before providing services. The membership fee is the price of the online commodity corresponding to the Pro Member Services you purchased, rather than advance payment, or savings, deposit, or savings cards, etc. The Pro Member Services are non-transferable and non-refundable once launched (except under the circumstance of material defects resulting in you not being able to use the Pro Member Services).
5.Pro members have all the rights stated in the Makaron app store during the validity period of their membership, and the content of such rights will be adjusted according to the changes announced in the store. Once the content of membership changes, Makaron will directly publish the revised contents of the agreement in the Makaron App.
6.Pro members may use all member functions and materials free of charge during the validity period of their membership, and will not be entitled to enjoy any of these rights and interests after the expiry of the validity period.
7.When you make any payment in Makaron, you shall make sure that the duration, price and other information of the membership for which you pay are consistent with what is expected. In principle, Makaron will not accept refund applications initiated by users for personal reasons of the user (such as change of purchase intention, mis-operation, miscalculation of price, etc.).
8.The Pro membership account is only valid for Makaron App downloaded from channels officially authorized by Makaron. Makaron will not be responsible for the failure to use some or all of the membership’s functions due to users not updating to the latest version of the Makaron App or using devices or systems that are incompatible with Makaron. Makaron will not accept refund applications initiated on this ground.
9.Pro Member Services can only be used by the account owner. Pro Member Services must not be transferred between Makaron accounts. It is prohibited to bestow, borrow, rent, transfer or sell Pro Member Services. Otherwise, Makaron has the right to revoke the Pro Member Services of both the transferor and the transferee accounts without notice, and any losses arising therefrom shall be borne by the violating Pro members themselves.
10.Makaron prohibits Pro members from privately transferring the right to use Makaron accounts, either for value or for free, so as to avoid disputes over the account. Pro members shall be solely liable for any losses incurred as a result of violation of this requirement, and Makaron reserves the right to pursue the legal liability of the persons involved in the above-mentioned actions.
11.No Pro member may produce, copy or publish the following contents in Makaron. Upon discovery, Makaron has the right to revoke his/her membership without any compensation or refund.
(1)Contents that are against the basic principles in the Constitution of the PRC;
(2)Contents that compromises national security, divulge State secrets, subvert State power, or undermine national unity;
(3)Contents that harm national honor or interests;
(4)Contents that distort, disparage, profane or deny the deeds and spirit of heroes and martyrs, and humiliate or defame heroes and martyrs, infringe upon the names, portraits, reputation or honors of heroes and martyrs;
(5)Contents that advocate terrorism or extremism, or incite the implementation of terrorist activities and extremist activities;
(6)Contents that incite ethnic hatred or discrimination, or undermine ethnic unity;
(7)Contents that undermine State religious policies, or propagate cults or feudal superstitions;
(8)Contents that spread rumors, disrupt public order, or undermine social stability;
(9)spread obscenity, pornography, gambling, violence, homicide, or terrorism, or instigate others to commit crimes;
(10)Contents that insult or slander others, or infringe upon the reputation, privacy and other legitimate rights or interests of others; or
(11)Other contents prohibited by laws and administrative regulations.
12.The contents of Pro Member Services provided by Makaron shall not be used for commercial or profit-making and other purposes, and shall not be re-uploaded or resold. In case of any violation, Makaron reserves the right to pursue the legal liability of the persons involved in the above-mentioned actions.
13.You acknowledge and agree that you shall follow the procedures, platform specifications etc., published by Makaron’s official channel to obtain/use Pro membership and Pro Member Services, and to participate in related activities for members, and shall not obtain/use Pro membership or Pro Member Services or participate in related activities by yourself or assisting others by any of the following means. Otherwise, Makaron is entitled to reject your application or revoke your Pro membership, refuse or terminate providing services to you without notice, and will not refund the Pro Member Service fee and will not pay any indemnification or compensation in any form. Additionally, Makaron has the right to pursue your relevant legal liabilities:
(1)Obtaining Pro Member Services, contents or data by means of any automatic programs, scripts, software, etc., such as robot software, spider software or crawler software, without Makaron’s express authorization;
(2)Modifying service contents, service term, consumption amount, transaction status and other information by technical means, without Makaron’s express authorization;
(3)Copying, downloading, uploading, modifying, cataloging, translating, distributing, developing, transferring, selling, exhibiting, disseminating, synthesizing, nesting, linking, creating derivative works, conducting commercial development or promotion of all or part of the content provided by Pro Member Services, without Makaron’s express authorization;
(4)Decryption, alteration, anti-manipulation, tampering or other forms of sabotage to any security technology used by Makaron to protect Pro membership; and removal of any ownership or intellectual property notice or label on the contents of Pro membership items, without Makaron’s prior written consent;
(5)Exhibit, either for a fee or free of charge, all or part of Pro Member Services in any public place, without Makaron’s express authorization (except where your actions above do not constitute an infringement);
(6)By improper means or in a manner contrary to the principle of good faith (such as by making use of loopholes in rules, system vulnerabilities, abusing membership, black market, or through speculation, or in any other manner contrary to Makaron’s original intent for providing the service or holding the event);
(7)By infringing upon the legitimate rights and interests of Makaron or others;
(8)Other actions that are not expressly authorized by Makaron or in violation of this Agreement, laws, regulations or regulatory policies.
(9)Makaron hereby declares that any act of selling or transferring of Makaron Pro membership without Makaron’s express authorization constitutes an illegal sale or transfer, and Makaron has the right to pursue legal liabilities.
III.Uploading and Sharing Content
1.Users fully understand and agree that, the platform provided by Makaron for uploading, sharing and dissemination of information shall only be used by users to upload, share, transmit and obtain information, and that nothing contained within the platform or any content transmitted through the platform reflects Makaron’s opinions or policies, and Makaron does not bear any responsibility. Additionally, users shall solely make judgments on the contents provided by other users of the platform and bear all risks arising from the use of such contents, including the risks arising from reliance on the accuracy, completeness or practicability of the content, for which Makaron will not bear any legal liability. Makaron has the right to decide whether or not to consent to users’ behavior of publishing and sharing of information, which includes deleting, blocking or disconnecting links without notifying users, and any losses arising therefrom shall be borne by users. Users understand and agree that Makaron has no obligation to store the information published and shared by users, and users shall back up such information on their own initiative.
2.Unless there is evidence to the contrary, if a user uploads, distributes or transmits any content through Makaron’s platform, it shall be deemed that the user is the copyright owner or legal licensee of the content uploaded, distributed or transmitted on Makaron’s platform. Unless otherwise agreed by both parties, the behavior of users using Makaron’s platform to openly distribute, disseminate and share information and contents such as pictures, texts, audio and videos represents that users have the right and agree to grant worldwide, permanent, irrevocable and free license to Makaron to exercise all copyright rights (other than the rights exclusiveto the copyright owners). Namely, Makaron may exercise the rights of use, distribute, disseminate, reproduce, modification, adaptation, publication and translation of the above-mentioned works, as well as the right of creating derivative works, dissemination, performance and exhibition; the right to incorporate all or part of the information into any other forms of work, media or technology; the right to carry out commercial development of the information uploaded and distributed by users; the right to provide information download, on-demand, data transmission, mobile video business (including but not limited to SMS, MMS, WAP, IVR, Streaming, 3G, 4G, mobile video and other wireless services) and related promotion and other services to computer terminals, mobile communication terminals (including but not limited to portable communication devices, such as mobile phones and smart tablet computers), handheld digital audio-visual broadcasting devices, television receiving devices (analog signal receiving devices, digital signal receiving devices, digital TV, IPTV, playback devices with Internet access function, etc.) through wired or wireless networks.
IV.Protection of Personal Information of Users
1.Personal information refers to all kinds of information that is recorded electronically or by other means, which can be used to identify a specific natural person or reflect the activities of a specific natural person independently or in combination with other information. When you download, install, launch, browse, register, log in and use Makaron’s products and/or services, Makaron will process and protect your personal information according to the Privacy Policy published on the platform. Therefore, we hope that you carefully read and fully understand the entire text of the Privacy Policy, and, if necessary, make choices that you deem appropriate in accordance to the guidelines of the Privacy Policy.
2.You should use Makaron’s products and/or services after careful reading and full comprehension of the Privacy Policy. If you disagree with the contents of the Privacy Policy, it may cause Makaron’s products and/or services to fail to function properly, or allow you to properly achieve the service effect that Makaron intends to provide, you should immediately cease to access/use Makaron’s products and/or services. Your use or continued use of the products and/or services provided by Makaron indicates that you fully understand and agree with the Privacy Policy (including updated versions), and agree for Makaron to collect, use, store, manage and protect your personal information in accordance with the provisions of the Privacy Policy.
3.Makaron recognizes the importance of personal information to you and therefore attaches great importance to the protection of your privacy and personal information and treats and processes your personal information with a high degree of care and responsibility. For more information on the rules of personal information processing and protection, your control of personal information and so on, please refer to the full text of the Privacy Policy on Makaron’s platform.
V.Amendment of Agreement
1.According to the development of the Internet and the changes in relevant laws, regulations and regulatory documents, or due to the needs of business development, Makaron has the right to amend or modify the terms and conditions of this Agreement. In the event of any change, Makaron will directly publish the modified Agreement on the Makaron App or on the official website, and such publication shall be deemed to have notified the user of the such modifications. Makaron may also use a system notice or private mail transmission to remind you of modifications thereof, changes to the service, or other important matters.
2.If you refuse to accept the amendments made by Makaron to the relevant terms and conditions, you are entitled to and shall stop using Makaron. If you continue to use Makaron, your action will be deemed to have accepted the amendments made by Makaron to the relevant terms and conditions.
VI.Suspension and Termination of Services
Makaron reserves the right to suspend or terminate provision of Pro Member Services to you in the event of the following circumstances:
1.you initiate a request;
2.you violate any national laws, regulations or regulatory policies, breach this Agreement or damage the reputation or interests of Makaron or/and its affiliated companies, or if Makaron believes in its independent judgment that you have done so;
3.Makaron has to act in accordance with laws and regulations, regulatory policies or the requirements by competent authorities;
4.Makaron is required to maintain the security of the accounts and systems and other emergencies;
5.force majeure (due to the special nature of the Internet, force majeure also includes hacker attacks, material impact caused by technical adjustment of telecommunications authorities, temporary closure caused by government regulation, virus attacks and other situations that may affect the normal operation of the Internet);
6.other situations that Makaron cannot resist.
When the aforesaid termination occurs, you and Makaron agree as follows:
1.the rights and interests of Pro members that have been accrued but not used are automatically erased and not discounted;
2.if you have an ongoing transaction in the Makaron App, Makaron will handle it reasonably according to the then circumstances;
3.unless otherwise prescribed by laws and regulations or otherwise specified by Makaron, the membership fees collected by Makaron are non-refundable;
4.if the termination is caused by your violation of this Agreement, Makaron is entitled to request that you bear the corresponding liability for breach of contract according to the circumstances;
5.unless otherwise stipulated by laws and regulations or otherwise stated by Makaron, Makaron shall not be liable to you or any third parties.
VII. Protection of Minors
1.Makaron attaches great importance to the protection of minors. If you are a minor, you should read this agreement under the guardianship and guidance of your guardian, and only use the Pro Member Services subject to the approval of your guardian.
2.The guardian shall instruct the minor to pay attention to the safety issues while accessing the Internet so as to prevent minors from bad influences. If the guardian agrees with the minor to use Pro Member Services, he/she must apply for spending under the name of the guardian, and correctly guide and supervise the minor’s use of the Pro Member Services. Minors’ use of Pro Member Services and the exercise and performance of their rights and obligations under this Agreement shall be deemed to have been approved by the guardian.
3.Makaron kindly reminds minors that when using Pro Member Services, minors should be active at online learning, recognize the differences between the cyber world and the real world, and avoid being addicted to the Internet, which affects your daily education and life.
VIII.Governing Law and Jurisdiction
1.The validity, performance and interpretation of this Agreement and the resolution of disputes hereunder shall be governed by the laws of the People’s Republic of China. Should part of this Agreement be invalid due to contradiction with the current laws of the People’s Republic of China, the validity of other parts of this Agreement shall not be affected.
2.The Parties shall try their best efforts to settle any disputes arising from the execution and performance of this Agreement through friendly negotiations. If such negotiation fails, either party may institute legal proceedings in a people’s court in the locality of Makaron.
IX.Miscellaneous
1.The headings of this Agreement are for convenience and reading purposes only and shall not affect the meaning or interpretation of any clause in the body of this Agreement.
2.Makaron’s failure to exercise or delay in exercising its rights hereunder shall not constitute a waiver of those rights, and a single or partial exercise of any of its rights hereunder shall not preclude the exercise of any other rights. Makaron has the right to require you to continue to perform obligations and bear the corresponding liabilities for breach of contract at any time.
X.Contact Information
If you have any questions concerning this Agreement or the use of Pro Member Services (including inquiries and complaints, etc.), Makaron provides you with a variety of feedback channels and wishes to provide you with a satisfactory solution:
1.Online customer service/other online comment feedback channels: you may contact the online customer service on the product function pages of the Makaron Platform or submit online feedbacks through comments:
2.Special e-mail channel: Makaron has set up an e-mail account, service@versa-ai.com, through which you can contact Makaron.
We will get back to you as soon as we receive your feedback.
Shanghai Yitian Network Technology Co., Ltd.