"Users registered and used through SHOPOEM" are hereinafter referred to as Party A. "SHOPOEM" is hereinafter referred to as Party B.
Party A is willing to purchase the products and services of Party B's SHOPOEM platform.In order to clarify the responsibilities and obligations of both parties, in accordance with relevant laws and regulations, after consultation, both parties A and B have reached the following agreement on Party A's use of Party B's "SHOPOEM platform" and promise to abide by it together.
Article XNUMX Service Items
Party A voluntarily uses Party B's SHOPOEM platform and accepts relevant technical and network support services.This website is limited to running on the server used by Party B to provide SHOPOEM platform services, and does not support transfer to other non-SHOPOEM platform servers or non-Party B servers. Party A understands and agrees that the website templates contained in the SHOPOEM platform system provided by Party B are only for displaying layout effects, and these website templates are provided by other third-party designers, and the copyright belongs to the designer of the templates. However, the template nicknamed "SHOPOEM Official" by the designer is provided by Party B, and the copyright belongs to Party B; if Party A wants to use the corresponding website template, it should purchase it separately, and replace all the templates in the template according to the characteristics and content of Party A's website. All elements included (for example, pictures, icons, titles, text, etc.).
Article XNUMX Rights and Obligations of Both Parties
2-1 Party A's rights and obligations 2-1-1 Party A can manage its website by itself, modify the style of the webpage and relevant text content through the management and design functions of its website, publish information on the Internet using the website, and decide the content of the information by itself. 2-1-2 There are several different product types on the SHOPOEM platform for Party A to choose from, and Party A can choose any one of them according to its needs.Party A understands and agrees that since different users may choose the same product type, it is normal for the page style to be similar. 2-1-3 Party B has the right to take any measures to stop the behavior beyond the limited resources of the website purchased by Party A, including but not limited to closing the website, etc. Party A shall be responsible for all consequences arising therefrom. The fees already paid by Party A will not be refunded. 2-1-4 Party A promises not to do the following: 2-1-4-1 Promote, introduce or solicit business for this website by distributing a large number of unwelcome or unsolicited emails, electronic advertisements, etc.; 2-1-4-2 Establish or use relevant equipment, configure and run behaviors, programs, processes or software that exceed the application range of the website, resulting in a large amount of server memory, CPU resources or network bandwidth resources, causing Party B or Party B’s other Party A The network, website or server (including but not limited to local, foreign and international networks, websites or servers, etc.) brings serious load, which affects the smooth connection between Party B and the Internet or Party B and a specific network, server or Party B, or Cause Party B's server or the server where Party B's other user websites are located to go down, crash, etc.; 2-1-4-3 Conduct any act of sabotaging or attempting to sabotage network security; 2-1-4-4 Make any changes or attempt to change the system configuration provided by Party B or destroy the system security; 2-1-4-5 Run programs, processes, etc. that affect the normal operation of the website server or Party B's server; 2-1-4-6 Other behaviors that exceed the scope of Party B's services and may bring any adverse effects to Party B or are prohibited by the state. 2-1-5 Party A must abide by the following laws, regulations or regulations of the country: "Administrative Measures for the Security Protection of International Networking of Computer Information Networks" "Interim Provisions on the Administration of International Networking of Computer Information Networks of the People's Republic of China" "Regulations of the People's Republic of China on the Security Protection of Computer Information Systems" "Telecommunication Regulations of the People's Republic of China" "Decision of the Standing Committee of the National People's Congress on Maintaining Internet Security" Measures for the Administration of Internet Information Services, Regulations for the Administration of Internet Electronic Bulletin Services "Interim Provisions on the Administration of Internet Sites Engaged in the Business of Publishing News" "Administrative Measures for the Dissemination of Audio-Visual Programs via the Internet and Other Information Networks" "Interim Provisions on Internet Culture Management" Other relevant laws, regulations and administrative rules of the state Party A shall not produce, reproduce, publish or disseminate any harmful information prohibited by laws and regulations.Party A shall be fully responsible for any political responsibility, legal responsibility and economic loss caused to Party B caused by its business behavior and published information violating the above provisions.Party A shall not use the resources and services provided by Party B to upload, download, store or publish the following information or content: Political propaganda and/or news information that violates state regulations; Information involving state secrets and/or security; Feudal superstition and/or obscene, pornographic, indecent information or information that encourages crime; Gambling with prizes, gambling games; illegal Internet publishing activities such as "private servers" and "plug-ins"; Information that violates national ethnic and religious policies; information that hinders the safe operation of the Internet; Information that infringes on the legitimate rights and interests of others or other information or content that is detrimental to social order, social security, and public morality. At the same time, Party A undertakes not to provide any convenience for others to publish the above-mentioned information content that does not comply with national regulations and/or this contract, including but not limited to setting URLs, BANNER links, etc.Party A acknowledges that Party B has the right to decide whether the content published by Party A constitutes a violation of this contract or the relevant provisions of the country based on Party B's own prudent judgment.Party A promises to adjust the content on Party A's website after receiving the notice from Party B to comply with national regulations or the contract, otherwise Party B has the right to terminate the service under this contract.If Party B finds that Party A or its customers are engaged in the above activities, Party B has the right to terminate the service at any time; if Party A engages in the above activities and brings any loss or adverse impact to Party B, Party A shall be liable for compensation; Party A shall be jointly and severally liable with its customers for any losses or adverse effects caused to Party B by engaging in the above activities. 2-1-6 甲方对进行或违反2-1-4和/或2-1-5的行为所产生的后果并对所发布信息的内容所产生的影响、后果对乙方或有关第三方承担全部责任。甲方同意，发生上述事件，与乙方没有任何关系，乙方也不应对此或对第三方承担任何责任或者义务。 2-1-7 Party A is responsible for the integrity and confidentiality of the information and content it publishes on the website, as well as the password and password for managing the website.All losses and consequences caused by the loss or leakage of the above information, content, passwords, passwords, etc. due to improper maintenance or confidentiality by Party A shall be borne by Party A. 2-1-8 Party A shall submit to Party B the contact person of Party A for the implementation of this contract and the list and contact information of the person who manages Party A's website and provide necessary assistance. shall be borne by Party A. 2-1-9 Party A acknowledges that the intellectual property rights of any information, technology or technical support, software, services, etc. provided by Party B to Party A belong to Party B, and Party A has no right to copy, disseminate, transfer, license or provide others to use these intellectual property rights. resources, otherwise they should bear corresponding responsibilities. 2-1-10 If the business activities carried out by Party A using the services provided by Party B need to be recognized or approved by the relevant state departments, Party A shall obtain the relevant recognition or approval.If Party A fails to go through these procedures in time, Party A shall be responsible for all consequences; Party A shall also bear all losses caused to Party B (including but not limited to fines imposed by the Ministry of Information Industry and other relevant departments).At the same time, Party A understands that Party B must suspend or terminate Party A’s provision of all or part of the services under this agreement in accordance with national laws and regulations and the provisions and notices of the communication management department and will not refund any paid money. 2-1-11 Party A makes it clear that the successful application of the website purchased by Party A does not mean that it can be used immediately.Party A also needs to perform the following operations: After the opening of the SHOPOEM platform, log in to the member area of Party B in time to configure the basic configuration of the website. 2-1-12 When Party A purchases the services of the SHOPOEM platform, it can purchase multiple services. The term of each service is calculated from the date of purchase, and the service period cannot be suspended. 2-2 Party B's rights and obligations 2-2-1 Party B guarantees the normal and stable operation of Party A's website and provides relevant network and technical support. 2-2-2 The website in this contract can only be run on the server used by Party B to provide SHOPOEM platform services, and does not support Party A to transfer the website to a non-SHOPOEM platform server or a server not provided by Party B. 2-2-3 Party B provides Party A with relevant help documents and consulting services to help Party A fully utilize the website. 2-2-4 保留因甲方违反2-1-3、2-1-4、2-1-5、2-1-6、2-1-8、2-1-9和/或2-1-10而终止甲方网站运行的权利。同时乙方对甲方进行或违反2-1-4和/或2-1-5的行为所产生的后果及对甲方所发布信息的内容所产生的影响、后果不承担责任。 2-2-5 Eliminate failures caused by Party A's non-human operation, except for reasons caused by Party A and/or force majeure and matters not within Party B's control. 2-2-6 Collect relevant fees and other fees that should be charged according to regulations. 2-2-7 Party B guarantees the compatibility, ease of use and security of the website, and actively improves and upgrades the official template and the background of the website. 2-2-8 Party B has the right to modify the terms of service of this contract when necessary. Once the terms of service of Party B change, it will prompt the revised content on the relevant page.If Party A does not agree with the modified content, it can cancel the service obtained; if Party A continues to enjoy the service, it is deemed to accept the change of the terms of service.
Article XNUMX Fees and Deadlines
Note: ①The validity period is calculated from the date when Party A purchases Party B's products. 3-1 Party A fully understands that all the free service items in Party B’s price system are one-time special discounts for Party B in addition to the normal service price. No discount can be used to offset the service price.For the gifted service items, Party B has the final right of interpretation. 3-2 About renewal: If Party A fails to renew the product in time before the expiration of the product, the service will end.Party B shall have the right to close Party A's website.After 10 days from the date of closing the account, if Party A still does not renew the fee, Party B shall have the right to delete all contents of Party A's website, and Party A shall be responsible for all losses caused thereby. 3-3 About the commission: If the actual transaction amount of Party A exceeds the commission-free amount in the product package, the excess part of the commission shall be paid.The commission will be automatically charged for each transaction during the transaction or calculated after the end of each natural month, and Party A will complete the payment within 5 working days of receiving the bill.Party A must ensure that the payment is completed within the agreed time, otherwise Party B has the right to terminate the service purchased by Party A.
Article XNUMX Service termination and liability for breach of contract
4-1 During the effective period of the service, if Party A requests termination, it shall notify Party B one month in advance, but the fees paid by Party A shall not be refunded.If Party A terminates this contract without authorization and causes damage to Party B, it shall bear corresponding responsibilities. 4-2 Party B has the right to terminate the service in advance due to Party A's fault, violation of laws or this contract. 4-3 If Party A violates its obligations or the guarantee/commitment under this contract, Party B has the right to close Party A's website, and Party A is responsible for the loss caused thereby. 4-4 If Party A needs other services from Party B during or after the service period, the two parties shall negotiate separately. 4-5 Party B needs to interrupt the service for a short time during server configuration and maintenance, or the access speed of Party A's website is slowed down due to the blockage of the Internet access.In view of the particularity of computers and the Internet, incidents caused by hacker problems, technical adjustments of the telecommunications sector and government regulation are not part of Party B's breach of contract, and Party B shall not be held responsible. 4-6 If the website cannot be accessed normally due to Party B's reasons, Party B shall compensate Party A for the loss in units of days.If Party B and the website it provides to Party A cannot provide normal services for 72 consecutive hours, Party A may terminate acceptance of the service and claim for damages, except for reasons not within Party B's control.The total amount of compensation is capped at the total annual service fee of the website. 4-7 If due to Party A's reasons, Party A's website brings an abnormally large load to the server, which affects the normal operation of the server where the website is located or affects the normal use of other Party A (including but not limited to 2-1-4 The behaviors that occupy a large amount of Party B’s server memory and CPU resources), Party B has the right to close Party A’s website, terminate the service and the balance will not be refunded. 4-8 Party B shall not be responsible for the losses caused to Party A or other third parties due to the fault or delay of the third party. 4-9 Party B shall not be responsible for the losses of third parties who indirectly accept Party B's services through Party A. 4-10 If the third-party service used by Party A causes website failure or third-party service cannot be used normally, Party B shall not bear any responsibility.
Article XNUMX Dispute Resolution
5-1 All disputes related to this SHOPOEM platform service shall be resolved by both parties through friendly negotiation. 5-2 If the negotiation fails, both parties agree to sue in the people's court of Party B's main place of business.
Article XNUMX Force Majeure
6-1 If the performance of this contract is impossible, unnecessary or meaningless due to force majeure or other unexpected events, the party suffering the force majeure or unexpected event shall not be liable. 6-2 Force majeure and unexpected events refer to objective events that cannot be foreseen, overcome and unavoidable and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics of plague, and social events such as war, Unrest, government actions, interruption of telecommunication trunk lines, etc.
Article XNUMX Other agreements
7-1 The invalidity of the relevant clauses does not affect the interpretation of this contract, the liability for breach of contract and the validity of the relevant agreements on dispute resolution. 7-2 If the relevant clauses or stipulations of this contract are inconsistent with or conflict with the relevant clauses signed by both parties or the previous relevant statements, this contract shall prevail; 7-3 Either party is obliged to keep the other party's business secrets (including but not limited to business and technical secrets, source codes, databases, etc.) confidential. 7-4 If one party changes the notice, mailing address or other contact information, it shall notify the other party of the changed address and contact information within one month from the date of the change, otherwise the changing party shall be responsible for all the consequences. 7-5 In the event of Party B's listing, acquisition, merger with a third party, name change, etc., Party A agrees that Party B may transfer its rights and/or obligations to the corresponding recipients of Party B's rights/obligations. 7-6 Party B's service descriptions, price descriptions, application forms, etc. on the relevant pages of the SHOPOEM platform are an integral part of this contract and have the same legal effect as this contract. 7-7 This agreement is an online version, which is consistent with the actually signed SHOPOEM contract and has the same legal effect.