The FrameElf Member Service Agreement (hereinafter referred to as "this Agreement") is a legal agreement between users who purchase FrameElf member services (i.e., VIP services) and FrameElf.
This Agreement contains the general terms and conditions applicable when users register an account, make payments, and use FrameElf member services. Therefore, please read all contents of this Agreement carefully before registering a FrameElf account, making payments, or accepting services provided by FrameElf member service users. Users need to understand and agree to the terms stated herein to complete payment and enjoy FrameElf member services. Regardless of whether you actually read it carefully, as long as you check agree or click to confirm this Agreement, or actually accept FrameElf's related member services, it means you have accepted this Agreement and all service agreements and rules related to FrameElf member services published by FrameElf, and are willing to be bound by them. In case of disputes, you cannot defend by claiming that you did not read it carefully.
I. Definitions
1. FrameElf member service users: Refers to units or individuals who meet the conditions stipulated in this Agreement and directly recharge their FrameElf accounts or pay service fees to FrameElf to use FrameElf member services, also referred to as "you" or "Party A" or "users" in this Agreement.
2. Member services: Refers to member services provided to users who purchase FrameElf member services after payment (also known as "services" or "FrameElf member services"), including but not limited to FrameElf member services.
3. FrameElf official channels: Refers to the channels provided by FrameElf for users to make payments, including online payment channels on FrameElf, and channels where users can recharge their accounts after purchasing from FrameElf and providing valid agreements, invoices, and other legal documents.
II. Composition, Changes, and Effectiveness of this Agreement
1. Various service agreements, terms of service, operating rules, review rules, help documents, and term definitions published on FrameElf and user backend are valid components of this Agreement. FrameElf provides member services to users according to this Agreement and related rules. This Agreement is a valid component of FrameElf's "User Service Agreement", and matters not covered in this Agreement shall be handled in accordance with FrameElf's "User Service Agreement".
2. Users who wish to use FrameElf member services should carefully read each clause of this Agreement in advance. Checking agree or clicking confirm is deemed as accepting the content of this Agreement. If you do not agree with the provisions, you should immediately stop using FrameElf member services.
3. You acknowledge that FrameElf has the right to review your qualifications and related content. You understand and agree that if your qualifications are false or your content violates national laws and regulations or FrameElf's review rules, FrameElf has the right to refuse to provide services.
4. FrameElf has the right to formulate and modify this Agreement and/or related rules from time to time according to updates in national laws and regulations and adjustments in product and service rules, and will announce them through the website. If you continue to use FrameElf member services, it means you accept the revised agreement and rules. In case of disputes, the latest FrameElf Member Service Agreement shall prevail.
III. Rights and Obligations of Both Parties
1. Rights and Obligations of Party A
(1) Party A guarantees that it is a legal business entity in compliance with the laws and regulations of the People's Republic of China and has obtained legal qualifications for related business operations. Party B has the right to verify the authenticity of its qualifications. If Party A refuses Party B's verification or Party B has reason to doubt its authenticity and legality, Party B has the right to refuse to provide services.
(2) Party A guarantees to provide qualification materials according to Party B's review rules and ensures that all qualification documents provided (including but not limited to business license, ID card, tax registration certificate, organization code certificate, special industry operating license, brand authorization letter, etc.) are true copies of the originals, completely consistent with the original content and format, without any additions, deletions, modifications or other editing. Party A guarantees that the qualification documents provided are authentic, valid, and legal, and shall not impersonate, steal, forge, or alter them. Otherwise, Party B has the right to terminate services, and Party A shall bear all legal consequences.
(3) Party A undertakes to have complete civil rights capacity and civil conduct capacity to sign and perform this Agreement, and signing and performing this Agreement does not violate any restrictions of applicable laws that are binding on it, nor will it infringe the legal rights of any third party outside this Agreement. Party A has complete and legal rights to the products or services promoted on FrameElf, as well as recharge payments and transactions. Party A's own transactions and business activities are legal, service project purposes are legal, and the information content published will not harm Party B's interests, goodwill, and brand image. Otherwise, Party B has the right to terminate services and has the right to require Party A to compensate for all losses caused to Party B, including goodwill losses. Party A agrees that Party B may deduct related losses from Party A's recharge balance. If Party B is required to compensate or encounters disputes or litigation due to Party A's reasons, Party A shall fully compensate Party B for losses.
2. Rights and Obligations of Party B
(1) If Party B discovers that Party A has any of the following behaviors: publishing information containing any content that violates national laws and regulations (including but not limited to endangering national security, obscenity, pornography, false information, defamation, intimidation or harassment, infringement of others' intellectual property rights, personal rights or other legal rights or interests, as well as content that violates public order and good customs or links to such content); promoting goods and/or services that violate national or industry quality standards; impersonation, fraud, or other deceptive behaviors that harm the rights of other users of Party B's website; publishing information that violates the "WeChat Moments Usage Specifications"; other behaviors that violate this Agreement, then Party B has the right not to refund service fees and has the right to: (a) block Party A's promotional information (b) directly delete information and terminate services, and has the right to require Party A to compensate for all losses caused to Party B, including goodwill losses. Party A agrees that Party B may deduct related losses from Party A's recharge balance.
IV. Payment and Service Usage Agreement
1. Party A can choose different FrameElf recharge channels and types according to FrameElf service types and their own needs.
2. Party A's recharge payment and use of FrameElf member services are voluntary behaviors. Party A explicitly agrees that: regardless of the method, recharge channel, or recharge type, after recharge, they cannot request a refund, nor can it be converted into cash, and can only be used for consumption deduction of FrameElf services and products. Under special circumstances, if the recharge balance is converted into cash with Party B's consent, Party B has the right to charge reasonable handling fees.
V. Third-Party Complaint Handling
1. If any third party complains that Party A's information promoted on FrameElf infringes their legal rights, Party B will notify Party A to properly resolve the dispute with the third party. Party B has the right to suspend member services to Party A and/or block or delete information until Party A reaches an agreement with the third party.
VI. User Data Usage and Protection
1. To perform this Agreement, Party B will retain Party A's information on FrameElf's servers, including but not limited to registration information, recharge consumption information, and promotional content. Party A agrees that FrameElf may use Party A's information for system upgrades, testing, updates, and other purposes.
2. Users understand and agree that FrameElf may provide users' relevant data information to corresponding judicial or administrative authorities based on relevant legal regulations.
VII. Anti-Commercial Bribery Clause
Neither party shall, during the contract signing process, provide money, material objects, or any other form of bribery or kickback to any staff member of the other party (including their family members, friends, or persons with direct or indirect relationships) to obtain transaction opportunities or favorable transaction opportunities. Party A has the obligation to promptly report to Party B any form of solicitation or acceptance of property by Party B's personnel.
VIII. Intellectual Property and Confidentiality Clause
1. Both parties undertake that all intellectual property rights of their respective products, brands, and related materials do not infringe any third party's legal rights. The proprietary rights involved in any trademark patents, copyrights, or other related materials that either party is authorized to access or use due to the performance of obligations under this Agreement shall not be deemed as transferred, and the ownership of such rights shall belong to the provider.
IX. Disclaimer
1. Party A understands and agrees that:
(1) Party A explicitly agrees that any risks arising from their use of FrameElf member services will be entirely borne by themselves; all consequences arising from their use of FrameElf member services will also be borne by themselves.
X. Damage Compensation
1. If Party B suffers any judgment, administrative penalty, or payment of any compensation, attorney fees, litigation fees, travel expenses, or other expenses due to Party A's provision, publication, or transmission of content that infringes any rights of others through the use of member services under this Agreement, Party B has the right to deduct related losses from Party A's recharge balance. If Party A's recharge balance is insufficient to compensate for Party B's losses, Party B reserves the right to seek compensation from Party A.
XI. Force Majeure
When Party B is unable to perform or delays performing the obligations stipulated in this Agreement due to war, riot, natural disaster, government administrative actions, power outages, illegal Internet attacks, third-party Internet communication provider reasons, Party B's operation platform and software reasons, website server, database system maintenance and system upgrades, it shall not be deemed as Party B's breach of contract.
XII. Applicable Law and Dispute Resolution
1. The establishment, effectiveness, interpretation, revision, supplementation, termination, execution, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. If there are no relevant provisions in the law, then reference shall be made to general international commercial practices and/or industry practices.
2. When the terms of this Agreement conflict with national laws, these terms will be completely reinterpreted according to the law, while other terms will continue to have legal effect and influence on both parties.
3. Disputes and controversies arising from this Agreement should be resolved through friendly negotiation between FrameElf and you; if negotiation fails, they should be handled in accordance with the laws of the People's Republic of China.
If you have any questions, comments, or suggestions regarding this Agreement, please contact us at:
noteybz@foxmail.com
Version update date: January 17, 2025
Version effective date: January 17, 2025