Version No.: RQ20200325V1.0
Effective Date: March 1, 2020
Welcome to visit [rockspace.cc] (hereinafter referred to as “the Website”). Please be aware that the operating service of the Website and other products and services related to “Renqing Service” (as defined below) are provided by [Shenzhen Renqing Excellent Technology Co., Ltd.] and its affiliated companies (hereinafter collectively referred to as “Renqing Excellent” or “we”). The User Agreement (hereinafter referred to as “the Agreement”) as follows is made and entered into by and between you and Renqing Excellent.
Unless otherwise specified in the context, Renqing Services refer to the products and services provided by Renqing Excellent to you when you visit the Website, and use the mobile clients or relevant software of Renqing.
1. Before your confirmation to use Renqing Services, please carefully read and fully understand the relevant terms of this User Agreement. Your registration of a website account or actual use of Renqing Services is deemed that you agree to accept all terms of the User Agreement, which is concluded between you and Renqing Excellent, and has binding force on both parties.
2. Please read the Agreement with your parent or guardian and decide whether you agree to the Agreement, provided you do not have full civil capacity due to your age, intelligence and other factors. Your use of the website and related clients products and services is deemed that you have obtained the consent of your parent or guardian or it is applicable to your age and intelligence. If you are not sure about this, please stop using this website and the clients related thereto.
3. Please pay attention to all terms in the Agreement, read earnestly and consider the risks involved in, especially the terms in respect of the exemption or restriction of liabilities of Renqing Excellent, the applicable laws and the dispute settlement, etc.
For any doubt about the Agreement, please contact the customer service staff of Renqing Excellent (email: [services@ rockphone. cn]).
Article 1 Validity and Alteration of the Agreement：
1.1 The Agreement is made and entered into by and between the user and Renqing Excellent with respect to the use of Renqing Services, of which “Renqing Excellent” refers to [Shenzhen Renqing Excellent Technology Co., Ltd.] and / or its affiliated company or operation cooperator, while “user” refers to the person (including the registered user and visitor) of the website and Renqing Services, also referred to as “you” in the Agreement.
1.2 Your registration of an account on the website or actual use of Renqing Services is deemed that you have fully read, understood and accepted all contents of the Agreement, agreed to enter into the Agreement with Renqing Excellent and to be bound by the Agreement. The Agreement is hereby concluded and takes effect.
1.3 Renqing Excellent is entitled to unilaterally modify or supplement the content of the Agreement at any time. The latest version of the Agreement can be found on the page of [Services]. In case of any change to the Agreement, Renqing Excellent will publish the Agreement changed on the website or other official websites, and the Agreement after change will take effect from the date of announcement (including the very date). You should carefully read the Agreement changed. If you disagree with the change, please stop using Renqing Services. Once you log in your account again or continue to use Renqing Services, it is deemed that you agree to accept the Agreement after change.
1.4 Your acceptance of the Agreement and registration of user account does not mean that you have obtained the authorization to use all products and services on the website. In some cases, besides complying with these conditions of use, you need to obey additional terms and make payment. When using some Renqing Services (such as [the expense of delivery for goods return not due to quality problems]), you should also accept the conditions of use, guidelines, terms and agreements applicable to those services (hereinafter referred to as “Service Terms”). The Service Terms will form a part of the Agreement after being concluded. If there is any inconsistency between the Agreement and the Service Terms, the relevant provisions related to a specific service shall be subject to the Service Terms.
1.5 Your consent to accept the Agreement indicates that you make the following commitments and guarantees in respect of the relevant matters of the Agreement:
(1) You have full civil capacity for civil conducts; or your signing and performance of the Agreement is suitable for your age and intelligence and is also agreed by your guardian although you do not have full civil capacity.
(2) The information and data you provide are true, accurate and complete without any falsification or tampering, and there is no intentional or unintentional concealment of relevant information to Renqing Excellent.
Article 2 Account Registration and Use：
2.1 In order to use the website and other Renqing Service, you agree to register an account based on instructions of the website. You should fill in your correct registration email, password, mobile phone number and other information, and ensure they are true, effective and legal. You should use the password with strong confidentiality and high security, keep the account and password properly, keep the confidentiality of the account password, restrict the use / access of the account by the third party, and log out safely after your use of the website each time.
2.2 Where your account number or password is stolen or lost due to your improper custody or transfer to a third party for use, etc., you are liable to solve all disputes arising therefrom and undertake the corresponding liabilities. In case the registration information provided by you is not true, invalid or even virtual, resulting in the loss of goods of Renqing Excellent or any other economic loss, you shall be liable for compensation.
2.3 We only provide Renqing Services to adults who have the capacity for civil rights and civil conducts. If you are under 18 years old, please use Renqing Services together with your parent or guardian, otherwise, Renqing Excellent reserves the right to refuse to provide the services to you, close your account, terminate your use of the service, delete or edit the content or cancel your order at its sole discretion.
2.4 The ownership of the website and your account belongs to Renqing Excellent. After registering an account, you only obtain the right to use it, and the account is only used by the initial registrant. Unless approved by Renqing Excellent, the person other than the initial registrant shall not obtain the right to use the account by means of accepting donation, inheritance, borrowing, lease, purchase, etc.
2.5 You shall be liable for the information produced, uploaded, sent or disseminated by you through your account and all the activities carried out under your account (including the modification, deletion and non storage of the data of the user), and shall bear corresponding legal liabilities, if you, Renqing Excellent or a third party suffers losses caused thereof.
2.6 When you find that your account is illegally used by others or is in abnormal use, please inform Renqing Excellent in time so that Renqing Excellent can take measures to suspend the login and use of your account. You shall understand that it takes a reasonable period for Renqing Excellent to take action, and Renqing Excellent shall not be liable for the consequences (including but not limited to any loss) that have been caused before taking action. You agree that Renqing Excellent shall not be liable for the consequences as a result of the illegal use of the account and password by a third party due to hacking or your negligence in custody.
Article 3 Commodity and Service：
3.1 The information such as goods, services and prices displayed on the website is only an invitation to offer. If you order goods through the website, your order will become an offer to order goods and services. When you place an order for living consumption and make payment as a consumer, your successful payment for the goods will be regarded as the establishment of the Purchase Contract between you and us on the goods that you paid.
3.2 All physical goods ordered on the website are delivered by Renqing Excellent through the carrier. Thus, the ownership and risk of loss of the goods are transferred to you when they are received by you through the carrier.
3.3 We are trying to make the information of goods as accurate as possible. However, we cannot guarantee all the product information or other contents of the website services are accurate, complete, reliable, up-to-date or correct. If the product we provide is inconsistent with its description on the website, the only remedy for you is to return the unused product to us.
3.4 Renqing Excellent is entitled to upgrade or adjust the service or product form, add or delete the service content or function, but shall inform the user of the updated pages in time. Unless otherwise specified, the new functions and products of the website and related clients added or adjusted are subject to the Agreement.
3.5 The website and related clients provided by Renqing Excellent may involve advertisements. You are deemed to agree that the advertisements provided by Renqing Excellent and third-party suppliers and partners can be shown on the website during your use.
Article 4 General Rules：
4.1 In the process of using Renqing Services such as the website and related clients, you shall follow the following rules: (1) shall abide by the relevant laws and regulations of [the country and region where you registered]; (2) shall not use the website and other Renqing Services for any illegal purpose; (3) shall observe all website protocols, regulations and procedures related to Renqing Services; (4) shall not use the website to conduct any behavior that may cause adverse impact on the normal operation of the website; (5) shall not use this website to conduct any behavior that is not conducive to Renqing Excellent; (6) shall not conduct any action on the data released to any terminal memory, the interactive data between the client and the server, and the system data necessary for the operation of software, including copying, modifying, adding, deleting, hooking up or creating any derivative works, including but not limited to being access to the software and related systems in means of plug-ins, external hanging or third-party tools / services not authorized by Renqing Excellent; (7) shall not log in or use the website by means of the third-party software, plug-ins, external hanging, system, devices, etc. which are not developed or authorized by Renqing Excellent, and shall not produce, release or disseminate the third-party software, plug-ins, external hanging, systems, equipment, etc. that are not developed or authorized by Renqing Excellent for logging in or using the software and services of Renqing Excellent; (8) shall abide by the service rules publicized by Renqing Excellent from time to time.
4.2 You are forbidden, through the website, the clients or other Renqing service channel or platform, to produce, upload, send or disseminate any illegal, obscene, threatening, defamatory or discriminatory information, or the information infringing privacy and intellectual property right (including the right of publicity) or the information harming, infringing or causing public dislike to any third party in other forms, or the “junk mail” containing software viruses, political propaganda, commercial solicitation, chain letter, bulk mail or the unsolicited commercial electronic information. The aforesaid information includes but not limited to the following categories: (1) violating the basic principles determined by the Constitution and other basic laws; (2) endangering national security, divulging state secrets, subverting state power, and undermining national unity; (3) damaging national honor and interests; (4) inciting national hatred and discrimination, and damaging national unity; (5) spreading rumors, disturbing social order and social stability; (6) spreading obscene, pornographic, gambling, violence, homicide, terror or abetting crimes; (7) insulting or slandering others and infringing others’ legitimate rights and interests; (8) infringing others’ rights such as right of reputation, privacy right and portrait right; (9) infringing others’ intellectual property rights; or (10) being prohibited by laws and regulations. Your information shall not include software viruses, political propaganda, commercial solicitation, chain letters, bulk mails or any form of “spam” or unsolicited commercial electronic information. You must not use a false email address, mobile phone number, impersonate any other person or entity, or otherwise mislead the source of the card or other content. The website reserves the right (but is not obliged) to remove or edit the contents of the aforesaid information, but does not conduct regular review on the contents published.
Article 5 Service Software：
5.1 Renqing Excellent provides services to you based on this web platform, but it only grants you the personal, non transferable and non exclusive license for using the platform, and you only have the right to use the platform for the purpose of using Renqing Service.
5.2 In order to improve the users’ experience, ensure the security of services and the consistency of product functions, Renqing Excellent may update the platform. Therefore, you are kindly suggested to update the relevant software to the latest version, otherwise, Renqing Excellent does not guarantee the normal use of the software or services.
5.3 Renqing Excellent may develop different versions for different terminal devices, and you shall select the appropriate version for use according to the actual situation. You may get the software directly from the official website or from a third party authorized by Renqing Excellent. Supposing you obtain the software or the installation program with the name same as the software from a third party not authorized by Renqing Excellent, Renqing Excellent cannot guarantee the normal use of the software or service, and will not be responsible for the loss caused thereof.
Article 6 Intellectual Property Right：
6.1 Renqing Excellent respects users’ intellectual property rights. If you think that your intellectual property (such as copyright or trademark right) has been infringed, please inform Renqing Excellent and provide relevant information about the infringement which may be involved, then, Renqing Excellent will reply to you as soon as possible regarding any possible infringement of your rights.
6.2 The intellectual property rights such as copyright, patent right and other proprietary technology of any software and system program, relied on which Renqing Excellent provides website services, belong to or are licensed to use by Renqing Excellent according to the law. You are forbidden to create, decode, decompile or disassemble the software and programs of the website and related clients, forbidden to attempt to discover the source code of the client software in way of reverse engineering or other ways, and forbidden to sell, transfer, sublicense or provide software warranty, or otherwise transfer any right of the software.
6.3 The interface design, layout framework, text works, audio, video, pictures or other materials, business logos, etc. contained in the website and related clients, as well as the contents of advertisements or information presented to you by related service providers or advertisers, are all protected by the intellectual property laws and regulations such as Copyright Law, Patent Law, Trademark Law and Law of the People’s Republic of China Against Unfair Competition. The signing of the Agreement does not represent the authorization or transfer of the above intellectual property or related rights.
Without the written authorization of Renqing Excellent, relevant advertisers or relevant obligees, you are not allowed to copy, use, modify, reprint, adapt or translate the above-mentioned content, and forbidden to create derivative works or take any other behaviors that infringe the legitimate rights and interests of Renqing Excellent and relevant obligees.
6.4 You shall guarantee to have the complete and legal copyright or authorization to use the content and information that you input, upload, submit and share (including but not limited to handwriting, text, artwork, picture, audio, video and other information, hereinafter collectively referred to as “licensed contents”) to the website and related clients, so as to engage in relevant activities on the website and related clients.
Your agreement to the Agreement indicates that you agree to endow Renqing Excellent with a free, unlimited, non exclusive, sublicensable and irrevocable license to use your licensed contents mentioned above. With this license, Renqing Excellent can use, copy, reprint, modify, revise, translate, create derivative works, share, publish, disseminate, publish and display the above-mentioned licensed contents in any media in the world without separately obtaining the consent or notice from you and your authorized party. In the meantime, Renqing Excellent is entitled to take independent legal actions to protect its rights and interests (including but not limited to reporting and sending lawyer’s letters, applying for arbitration, filing a lawsuit, etc.) in its own name in respect of any infringement caused by any third party’s use of the above-mentioned licensed contents without authorization.
6.5 You shall ensure that your grant to Renqing Excellent for use of the foregoing contents neither violate the laws and regulations of the State nor infringe the legitimate rights and interests of the third party. You shall be fully responsible for all consequences caused by the incompleteness and illegality of the form, content and authorization you provide.
6.6 You agree that Renqing Excellent may update the relevant client software involved in Renqing Services automatically or manually at any time without informing you.
Article 7 Privacy Protection：
7.1 It is one of basic systems of Renqing Excellent to protect users’ privacy and personal data. Renqing Excellent will take various measures, such as setting up systems, security technologies and procedures, to protect users’ privacy and personal data from the unauthorized access, use or disclosure, and will not disclose the individual users’ registration data and the information that the users store on the website and related clients when using Renqing Service to a third party or use the said information for any illegal purpose, except that: (1) the user’s authorization is obtained in advance; (2) the disclosure or use is required by relevant laws and regulations or relevant judicial organs, administrative organs and other national government authorities; (3) the said disclosure or use is to protect the interests of the public; (4) the said disclosure or use is a must to protect the legitimate rights and interests of Renqing Excellent because the user infringes the legitimate rights and interests of Renqing Excellent under the Agreement; (5) Renqing Excellent discloses the information to its cooperative units for the performance of the Agreement; (6) Renqing Excellent needs to change the operator of this application service upon the completion of merger, division, acquisition or asset transfer; (7) the user’s personal information is disclosed due to hacker attack, computer virus invasion or force majeure; (8) the said disclosure or use complies with other situations regulated by laws and regulations.
7.2 You agree to authorize Renqing Excellent to collect, store, transmit, analyze and use your personal information provided by you or collected by Renqing Excellent through other legitimate channels. The information includes but not limited to:
(1) Personal identity information: such as name, gender, age, date of birth, certificate type, certificate number, mobile phone number, contact address, e-mail, other personal information required to provide for account registration, etc;
(2) Financial information: During the use of the website or mobile application, you may provide information related to the purchase of goods or services, such as bank account number, name of bank account holder, credit card number, etc;
(3) Social information: During the use of the website or client social services (if any), you may provide information related to your social activities, such as career information, education background and other information that you choose to fill in;
(4) The information related and specified to you by the third party service provider, such as the advertising ID assigned by the third party service provider;
(5) SIM card and information related to your device: such as IMEI number, IMSI number, MAC address, serial number, MIUI version and type, Android version, Android ID, screen display information, device input information, device manufacturer and model name, network operator, connection type, hardware and other relevant information (such as power consumption, device temperature);
(6) Application information: the information related to your application use, such as application list, application status record (download, installation, updating, deletion), application ID, SDK version, system updating settings, web browsing and use records and traces;
(7) Location information: if you use services related to location, you may provide various information related to your location, such as region, country code, city code, mobile network code, mobile country code, community identity, longitude and latitude information, time zone settings and language settings;
(8) Login information: the information related to your use of certain functions, applications and websites, such as Cookies and other anonymous identifier technologies, IP addresses, network requests, temporary message history, standard system logs, error crash information;
(9) Other types of information we may also collect: the information is not directly or indirectly related to individuals, but is clustered, anonymous or unrecognized. For example, when using a specific service, the user’s device model number and system version number may be collected, but the purpose thereof is to improve the services we provide to you. The type and amount of information collected depends on how you use, join, or participate in our products and / or services.
7.3 For providing a better user experience, you shall know and agree that we may recommend the products, services and activities provided by Renqing Excellent and its partners to you through the website page, account, the communication method you provide and other channels based on your purchase history, website browsing history, birthday, age, gender and geographical location. As for the advertisements and messages that we push by e-mail, if you no longer want to receive them, you can cancel the promotion service by clicking the link of “subscription cancellation” at the bottom of the email.
7.4 Some services (which may include but not limited to processing orders, delivering parcels, sending emails or SMS, making payment, advertising and marketing service, etc.) provided by Renqing Excellent to you may be provided or jointly provided by the related parties or partners of Renqing Excellent, for which, you authorize Renqing Excellent to share your relevant information mentioned above with such related parties or partners.
7.5 Renqing Excellent will not bear any responsibility for your information disclosure caused by the third party service provider, Renqing product carrier or other third parties, but will surely cooperate with you to investigate the responsibility of relevant entities.
Article 8 Alteration, Suspension or Termination of the Service：
8.1 Renqing Excellent needs to regularly or irregularly repair, maintain and upgrade the service platform or related equipment, and may change the service based on the adjustment of business strategy, which may lead to the suspension and termination of the service in part or in whole. In such case, you shall agree that Renqing Excellent does not need to bear any liability for the compensation.
8.2 In any of the following circumstances, Renqing Excellent has the right to restrict, suspend or terminate the services under the Agreement provided to you, even can close or cancel your account and delete the relevant information and documents in your account without getting your consent and without bearing liability for you or any third party: (1) your account or your behavior violates laws, regulations, policies or the Agreement, or your use of Renqing products and services is improper; (2) you should submit true information according to laws and regulations, but the personal data you provide is not true, or inconsistent with that at the time of registration and you fail to provide reasonable proof; (3) you have not logged in or actually used your account for 360 consecutive days; (4) you contact customer service personnel to cancel your registered account; (5) the act is required by laws and regulations, judicial authorities or government authorities; (6) for security reasons or other necessary circumstances.
8.3 You are liable to back up the data stored on the website and related clients. If your service is terminated, Renqing Excellent has the right to permanently delete your data from the server, unless otherwise specified by laws and regulations. After the suspension or termination of the services, Renqing Excellent has no obligation to provide or return data to you.
Article 9 Effective Notice：
9.1 You shall ensure that the email, telephone, fax, contact address and other communication methods submitted to your account of the website are authentic and effective, and are in the normal use. The documents (including but not limited to the legal instruments and litigation documents related to the Agreement) delivered by Renqing Excellent through the website page, the announcement on the related client or any of the above communication methods are deemed as effective.
9.2 When the communication mode changes, you shall send an email to the customer service mailbox of Renqing Excellent in time to transact the procedure about communication information change, otherwise, you shall bear all the risks and losses caused by your failure to change the communication information in time.
Article 10 Liability for Breach of Contract：
10.1 Where you violate any of the terms of the Agreement and cause any claim from any third party or any loss to Renqing Excellent, you agree to compensate Renqing Excellent for the attorney fees, transportation fees and other expenses that Renqing Excellent pays in settling the dispute with the third party, as well as the other losses suffered by Renqing Excellent.
10.2 Where the content you upload, send or disseminate violates laws and regulations or infringes the rights of others, Renqing Excellent is entitled to make independent judgment and take measures such as deleting, blocking the content or disconnecting the relevant links.
10.3 Where you are complained by others or you complain to others, Renqing Excellent is entitled to provide the main information, contact information, complaint-related content and other necessary information of relevant parties involving the dispute to relevant parties or departments, so as to solve the complaint and dispute in time and protect the legitimate rights and interests of all parties.
Article 11 Third Party Services：
11.1 You shall decide whether to visit or use the third-party application / website (if any) through the link on the website and related clients at your own discretion; when the payment is involved, you shall choose independently whether to pay through the third-party payment platform such as PayPal, visa, master, UnionPay, wechat payment, etc.
11.2 Where you allow a third-party application procedure or website to verify your identity or bind your account, it is deemed that you authorize the application procedure, website and service operator to view your relevant information and data through the website and related clients.
11.4 Unless otherwise expressly stated in writing, Renqing Excellent makes no representations or warranties in any form, express or implied (except as otherwise provided by the laws of the People’s Republic of China) with respect to the operation of the third-party services (including the payment deduction of the third-party payment platform company), the information, content, materials, goods (including software) or services included in the third-party services. You shall agree to use the services at your own risk.
Article 12 Force Majeure and Disclaimer：
12.1 You understand and agree that during the use of the services, you may encounter force majeure and other risks, which may affect the services. Force majeure refers to the unforeseeable, insurmountable and unavoidable objective events that have a significant impact on one party or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, fires and storms, as well as social events such as wars, riots, government actions, etc. In case of the above situation, Renqing Excellent will try to cooperate with relevant units in the first time and try to deal with the matter in time, but Renqing Excellent will not bear any responsibility for the loss caused to you.
12.2 Renqing Excellent will do its best to ensure the consistency and security of the service, but will not be responsible for the service interruption, obstruction or data loss caused by the following circumstances:
(1) The damage is caused by computer viruses, Trojans, other malicious programs, or hackers attack.
(2) The computer software, system, hardware and telecommunication cable of the user or Renqing Excellent has obstacles.
(3) The user operates improperly or uses the service in a way not authorized by Renqing Excellent.
(4) The problem is caused because of the out-of-date program version, the device aging and / or compatibility issue.
(5) Other circumstances beyond the control or reasonable prediction of Renqing Excellent.
12.3 You agree that Renqing Excellent will not make a substantial review on the content (if any) shared by users through the website and related clients, and will not guarantee the integrity, accuracy, timeliness, legality and non infringement of such information. Renqing Excellent shall not be liable for any loss caused by your use of or reference to the content shared by other users through the website and related clients.
Article 13 Application of Laws and Settlement of Disputes：
13.1 The signing, establishment, validity, interpretation, performance, amendment, change, termination and dispute settlement of the Agreement shall be governed by the laws of the mainland China.
13.2 For any dispute arising out of or in connection with the Agreement which cannot be settled through negotiation, both parties agree to submit them to Shenzhen Court of International Arbitration for arbitration in Chinese in Shenzhen in accordance with the arbitration rules in force at the time of applying for arbitration. Unless otherwise determined by the arbitration award, the losing party shall pay all expenses including attorney's fees incurred by the other party as a result of the arbitration.
Article 14 Miscellaneous
14.1 If any information and content displayed on and pushed by the website and related clients to you are suspected of infringement of any third party’s intellectual property rights or other legitimate rights and interests, the obligee and relevant interested parties shall send a notice of rights to Renqing Excellent. After verification, Renqing Excellent has the right to take measures including but not limited to disconnecting the link of contents involving infringement or deleting and stopping the transmission of such content according to relevant laws and regulations, but Renqing Excellent will not bear legal liability for the content involving infringement.
14.2 Any statement, notice, warning and other contents issued by Renqing Excellent on the website and related client page constitute a part of the Agreement. If you continue to use the website and related clients, you shall be deemed to agree to such statement, notice, and warning.
14.3 Where any provision of the Agreement is invalid or unenforceable in part or in whole for any reason, the remaining provisions of the Agreement shall remain valid and binding.
14.4 The titles of all terms in the Agreement are only for convenience of reading, without actual meaning, and cannot be used as the basis for interpretation of the meaning of the Agreement. (Ending)