1. Special Notice
1.1 The operator of Mtour agrees to provide Mtour services to users in accordance with the provisions of this agreement and its operational rules published from time to time. To obtain Mtour services, the user of Mtour services (hereinafter referred to as "User") must carefully read and independently consider all the terms of this agreement (especially the terms highlighted in bold for the User's attention) and complete the entire registration process as prompted on the page. By clicking the "Agree" button during the registration process (or by actually using the Mtour services), the User indicates full acceptance of this service agreement, the online service use agreement, the Mtour commercial conduct code, the Mtour complaint operation guidelines, and various rules and norms published by the Mtour operator. If the User has any objections to this service agreement or any part of the agreement, they should terminate the registration process (or stop using Mtour services).
Minor users should read this agreement in the presence of their guardians and accept this agreement and use Mtour services with the guardian's consent.
1.2 After successful registration, the Mtour operator will provide the User with Mtour services based on the objective needs of using Mtour services and will activate the account provided during the application and registration process in accordance with registration requirements. The User has the right to use Mtour services based on the activation and agreement from the Mtour operator to provide services. At the same time, the User agrees:
1.2.1 The User should properly safeguard their Mtour account and password.
1.2.2 Without the consent of the Mtour operator, users shall not sell, transfer, lend, or lease any Mtour account or Mtour nickname without authorization.
1.2.3 The User is fully responsible for any consequences arising from their use of Mtour services.
1.3 Without prior written permission from the Mtour operator, the User may not illegally scrape Mtour content by themselves or authorize or assist any third party to do so. “Illegal scraping” refers to the act of obtaining content data through programs or abnormal browsing and other technical means.
1.4 The User shall strictly comply with the Robots protocol issued by the Mtour operator during the use of Mtour services. Without the prior written consent of the Mtour operator, no User may access the Mtour platform or collect any Mtour content in violation of the above provisions by any means on their own or through a third party.
1.5 Within the scope permitted by laws and regulations, the User agrees and authorizes the Mtour operator to take any form of legal action against behaviors that infringe upon the User's legitimate rights and interests (including but not limited to unauthorized copying, use, editing, plagiarism, etc.), including but not limited to necessary rights protection measures such as complaints and lawsuits.
1.6 The Mtour operator has the right to directly delegate the rights and obligations under this service or this agreement to its affiliated companies or other third-party companies for operation, management, and performance, and the Mtour operator does not need to obtain separate authorization from the User for this. The Mtour operator will do its utmost to avoid any inconvenience caused to the User in using Mtour services due to the aforementioned delegation or changes, and will strive to notify the User in a timely manner through the website, platform, private messages, emails, etc. In this agreement, an affiliated company refers to any enterprise that controls, is controlled by, or is jointly controlled by the same entity as a party. Control refers to directly or indirectly owning more than fifty percent (50%) of the equity, voting rights, or management rights of that enterprise.
1.7 To enhance the User's experience and satisfaction with Mtour services, the User agrees that the Mtour operator may investigate and analyze User data to further optimize Mtour services.
2. Service Content
2.1 The specific content of Mtour services is provided by the Mtour operator based on actual conditions. The Mtour operator has the right to upgrade or adjust the form of services or products it provides and will timely update the page/inform users.
2.2 The User understands that the Mtour operator only provides technical services related to Mtour services, and all related network service devices (such as personal computers, mobile phones, and other devices related to accessing the Internet or mobile networks) and the associated costs (such as telephone fees and Internet fees for accessing the Internet, and mobile phone fees for using mobile networks) shall be borne by the User.
3. Service Changes, Interruptions, or Terminations
3.1 Given the special nature of network services (including but not limited to issues with server stability, malicious network attacks, and other circumstances beyond the control of the Mtour operator), the User agrees that the Mtour operator has the right to interrupt or terminate part or all of the Mtour services (including paid network services) at any time. If such circumstances occur, the Mtour operator will notify affected users as promptly as possible through webpage announcements, system notifications, private messages, SMS reminders, or other reasonable means.
3.2 The User understands that the Mtour operator needs to periodically or irregularly conduct repairs or maintenance on the platforms providing Mtour services (such as websites, applications, etc.) or related equipment. If service interruptions occur within a reasonable time due to such situations, the Mtour operator shall not be liable for this, but the Mtour operator should strive to provide prior notice.
3.3 In the event of any of the following situations, the Mtour operator has the right to interrupt or terminate the provision of Mtour services under this agreement (including paid and free services) to the User at any time without any liability to the User or any third party. The losses incurred thereby shall be borne solely by the User:
3.3.1 The personal information provided by the User is not true;
3.3.2 The User violates laws and regulations or the usage rules specified in this agreement;
3.3.3 The User has not paid the relevant service fees for the paid services used;
3.3.4 The User infringes upon the legitimate rights and interests of individuals, enterprises, or social organizations, including but not limited to patent rights, copyright, trademark rights, or rights of name, reputation, honor, portrait, privacy, etc.;
3.3.5 The User damages the image of regulatory departments, state organs, and the government;
3.3.6 The User damages the legitimate rights and interests of the Mtour operator and its affiliated companies in any way;
3.3.7 The Mtour operator has other reasonable grounds to believe that it is necessary to interrupt or terminate the provision of Mtour services to the User.
3.4 If the User chooses to bind their Mtour account with a third-party account in cooperation with the Mtour operator, unless the User unbinds it by themselves, the bound third-party account may also be unbound under any of the following circumstances, and the Mtour operator shall not be liable to the User or any third party:
3.4.1 The User violates laws and regulations or this agreement;
3.4.2 The User violates the third-party user agreement or related regulations;
3.4.3 The site of the third-party account requests to unbind;
3.4.4 The platform or business of the third-party account has been shut down;
3.4.5 As required by laws and regulations or by the competent authority;
3.4.6 The Mtour operator has reasonable grounds to believe it is necessary to unbind.
4. Usage Rules
4.1 Users can edit their account information, including account name, nickname, avatar, and profile (hereinafter referred to as "account information"), but must comply with relevant laws and regulations, and must not contain illegal or undesirable information. When registering an Mtour account, users must use real identity information and personal data and must not register using false or impersonated identity information or corporate-related information; users must not maliciously batch or frequently register Mtour accounts; if there are any changes in the user's personal data, the user should update it in a timely manner.
4.2 News media and government agencies that set up an Mtour account must comply with relevant laws and regulations, organizational rules, and regulatory requirements in addition to using Mtour services as stipulated in this agreement.
4.3 Users acknowledge and agree that the following information, once submitted and confirmed by the user, cannot be changed. The user independently bears the losses and consequences caused by content defects (including but not limited to errors, incompleteness, dissatisfaction, etc.):
4.3.1 Personalized domain name of the Mtour account;
4.3.2 Account information that cannot be modified once determined by the Mtour operator.
4.4 The Mtour operator will establish and improve the user information security management system and implement technical security prevention measures. The Mtour operator will protect the privacy content of users involved in the use of Mtour services.
4.5 For the Mtour content stored by users in Mtour, the Mtour operator recommends that users back it up periodically. Users understand and agree that if a user actively stops using Mtour services by using the account cancellation function, or if Mtour services are terminated or canceled, the Mtour operator cannot return or provide any data to the user.
4.6 Since the premise of Mtour services is the account provided by the user during the application process to open Mtour services, users should not transfer or lend their accounts and passwords to others. If users discover that their accounts or Mtour services are being used illegally by others, they should immediately notify the Mtour operator. Users shall bear relevant responsibilities for unauthorized use of their accounts, passwords, and Mtour services caused by hacking or negligence in custody, etc., not due to reasons related to the Mtour operator.
4.7 Users agree that the Mtour operator may deliver various commercial advertisements or any type of commercial information in various ways during the provision of Mtour services (including but not limited to placing advertisements on any page of the Mtour platform website), and users agree to receive product promotions or other related commercial information from the Mtour operator via email, private messages, or other methods.
4.8 To better promote information sharing and advertising, users authorize the Mtour operator to use Mtour content on Mtour and its affiliated products and services, as well as to license the aforementioned content to third parties for promotional purposes. This authorization does not change the ownership and intellectual property rights of the content published by users, nor does it affect the users' legal rights over the published content.
4.10 Users must abide by the following principles when using Mtour services:
4.10.1 Must not violate the laws and regulations of the People's Republic of China and relevant international treaties or rules;
4.10.2 Must not violate network protocols, regulations, procedures, and industry rules related to network services and Mtour services;
4.10.3 Must not engage in any behavior that may adversely affect the normal operation of the Internet or mobile networks;
4.10.4 Must not upload, display, or disseminate any false, deceptive, impersonating, harassing, defamatory, offensive, abusive, threatening, racist, slanderous, invasive of privacy, pornographic, obscene, maliciously plagiarized, violent, bloody, suicidal, self-harming, or any other illegal information materials;
4.10.5 Must not infringe on the legitimate rights and interests of any individual, enterprise, or social group, including but not limited to patent rights, copyright, trademark rights, or rights to name, reputation, honor, portrait, privacy, etc.;
4.10.6 Must not upload, display, or disseminate any content that affects or harms the physical and mental health of minors or may lead to minors imitating unsafe behaviors and violating social ethics or inducing bad habits;
4.10.7 Must not in any way damage the image of various levels of national organs and governments;
4.10.8 Must not in any way damage the reputation or legal rights of the Mtour operator and its affiliated companies;
4.10.9 Must not engage in any behavior that affects the normal operation of the Mtour operator, destroys the operational model of Mtour, or harms the ecosystem of Mtour;
4.10.10 Must not use Mtour services for any illegal purpose.
4.11 The Mtour community conventions, Mtour commercial conduct norms, Mtour reporting and complaint operational guidelines, etc., have also detailed the rules for users using Mtour services, and users should read and comply with them carefully. For certain specific Mtour service usage rules and instructions, any statement, notice, or warning made by the Mtour operator through various means (including but not limited to web announcements, system notifications, private messages, SMS reminders, etc.) shall be regarded as part of this agreement. If users use such Mtour services, it is deemed that users agree to the content of such statements, notices, and warnings.
4.12 The Mtour operator has the right to review, supervise, and handle users' use of Mtour services, including but not limited to user information (account information, personal information, etc.).
4.13 If users discover other users uploading illegal or infringing content while using Mtour services, they can directly click the "Report" button to report it, and relevant personnel will verify and handle it as soon as possible. If it involves the handling of disputes related to name rights, name rights, reputation rights, honor rights, portrait rights, privacy rights, etc., users can handle them in accordance with relevant laws and regulations and refer to the methods published in Mtour announcements. If users believe that the above methods cannot resolve the encountered issues or feel it necessary to seek assistance from judicial and administrative authorities, they should promptly report to the relevant agencies, and the Mtour operator will cooperate with the judicial authorities' investigation and evidence collection work according to the law.
5. Intellectual Property
5.1 The Mtour operator is the owner of the rights and intellectual property of the Mtour platform and Mtour products.
5.2 The aforementioned Mtour products refer to the functions, software, services, etc., provided to users through the Mtour platform by the Mtour operator, its affiliated companies, or their authorized subjects, including but not limited to information publishing and sharing, relationship expansion, convenient auxiliary tools, platform applications, and public open platforms.
5.3 The Mtour operator is the owner of all information content in the Mtour platform and Mtour products. The aforementioned information content includes but is not limited to program code, interface design, layout framework, data, accounts, text, images, graphics, charts, audio, video, etc., except for content that should be enjoyed by relevant rights holders in accordance with laws and regulations.
5.4 Users may use functions, software, or services developed by third parties that run on the Mtour platform during the use of the Mtour platform. In addition to complying with the relevant provisions of this agreement, users should also comply with the relevant provisions of third parties and respect the rights of third parties over their functions, software, services, and the content contained therein.
5.5 In view of the above, users understand and agree that:
5.5.1 Without the consent of the Mtour operator and relevant rights holders, users shall not reverse engineer, decompile, disassemble, or otherwise replicate the aforementioned functions, software, or services; nor shall they directly or indirectly publish, broadcast, rewrite, or reissue the aforementioned content or materials in any media, or use them for any other purpose;
5.5.2 The Mtour operator does not assume any responsibility to users or any third parties for any delays, inaccuracies, errors, omissions, or any damages arising from the aforementioned functions, software, services, and their included content, to the extent of commercially reasonable efforts;
5.5.3 The Mtour operator does not make any warranty or guarantee regarding any functions, software, services, or content provided by third parties. Any disputes, controversies, or damages arising therefrom shall be resolved by users with third parties, and the Mtour operator shall not bear any responsibility;
5.5.4 To better maintain the Mtour ecosystem, the Mtour operator reserves the right to dispose of the products or content over which the Mtour operator enjoys ownership and intellectual property rights at any time and in any manner, including but not limited to revision, blocking, deletion, or any other disposal methods permitted by law and regulation.
6. Privacy Protection
Protecting user privacy and other personal information is a basic policy of Mtour. For specific details, please refer to the "Mtour Personal Information Protection Policy" and "Mtour Children's Personal Information Protection Policy."
7. Disclaimer
7.1 Users must comply with national laws, regulations, and policies while using Mtour services. Users bear the consequences of their actions resulting from the use of Mtour services.
7.2 Any information published by users through Mtour services, as well as any opinions conveyed via these services, do not represent Mtour's stance. Mtour is not responsible for their completeness, authenticity, accuracy, or reliability. Users should independently assess any illegal, unethical, erroneous, or otherwise inappropriate information they may encounter on Mtour, including misclassified or deceptive content. In any case, any losses or injuries resulting from the aforementioned inappropriate information shall be borne entirely by the relevant parties.
7.3 The Mtour operator cannot guarantee the accuracy and completeness of external links, as the content of the web pages they point to is not under the actual control of the Mtour operator.
7.4 The Mtour operator shall not bear any liability for service interruptions or other defects caused by force majeure or reasons beyond the control of the Mtour operator, but will endeavor to minimize the losses and impacts on users caused by such events.
7.5 The Mtour operator is legally responsible for the Mtour products and services provided to users, except as otherwise stipulated by law or agreed upon.
7.6 Users acknowledge and agree that the Mtour operator may cooperate with third parties to provide products (including but not limited to games, third-party applications, etc.) and that these third parties will provide upgrades, maintenance, customer service, and other follow-up work for these products. Any disputes or losses resulting from quality issues or other reasons related to these products shall be the responsibility of the third party, and users hereby agree to assert any related rights and losses against the third party.
7.7 Unless otherwise stipulated, products or services provided by the Mtour operator (including but not limited to game items and props) that do not specify a usage period or indicate "perpetual," "indefinite," or "unlimited" shall have a usage period that lasts from the time the user begins using the product or service until the product or service is taken offline by Mtour.
8. Breach of Contract Liability
8.1 If the Mtour operator causes losses to users due to violations of relevant laws, regulations, or any terms of this agreement, the Mtour operator shall bear the liability for damages incurred.
8.2 Users agree to safeguard and maintain the legal rights and interests of the Mtour operator, its affiliates, and other users. If users cause losses to the Mtour operator, its affiliates, or any third party due to violations of relevant laws, regulations, or any terms of this agreement, users agree to bear the liability for damages resulting from such actions.
8.3 If the Mtour operator discovers or receives reports or complaints from third parties indicating that users are in violation or suspected of violating Article 1 (Special Notices) or Article 4 (Usage Rules) of this agreement, or as required by regulatory authorities or other national agencies, the Mtour operator or its authorized entities have the right to take all necessary measures to mitigate or eliminate the impact of users' actions without prior notice based on reasonable judgment, and will notify users as soon as possible after handling. Any losses and consequences resulting from this (including but not limited to missed promotional opportunities, loss of marketing revenue, etc.) shall be borne independently by the users.
8.4 Unless otherwise stipulated in this agreement, if the Mtour operator discovers or receives reports or complaints indicating that users are in violation or suspected of violating the obligations, guarantees, commitments, or other terms stipulated in this agreement, users shall correct such violations and eliminate their impact within the time limit designated by the Mtour operator; if users fail to make corrections within the specified time, the Mtour operator or its authorized entities have the right to take all necessary measures to mitigate or eliminate the impact of users' actions based on reasonable judgment, and will notify users as soon as possible after handling. Any losses and consequences resulting from this (including but not limited to missed promotional opportunities, loss of marketing revenue, etc.) shall be borne independently by the users.
8.5 The "necessary measures" referred to in Sections 8.3 and 8.4 include but are not limited to one or more of the following:
8.5.1 Changing, deleting, or blocking relevant content;
8.5.2 Warning or banning violating accounts;
8.5.3 Changing, restricting, or prohibiting some or all functions of violating accounts;
8.5.4 Suspending, restricting, or terminating users' rights to use Mtour services, or deactivating user accounts;
8.5.5 Reporting to relevant regulatory authorities and providing account-related information;
8.5.6 Other reasonable measures deemed appropriate by the Mtour operator.
9. Agreement Modification
9.1 The Mtour operator has the right to modify any provisions of this agreement at any time. Once the content of this agreement changes, the Mtour operator will publish the modified agreement content on the Mtour platform and may also notify users of the changes through other appropriate means (such as system notifications).
9.2 If users do not agree with the modifications made by the Mtour operator to the provisions of this agreement, they have the right to stop using Mtour services. If users continue to use Mtour services, it is deemed that they accept the modifications made by the Mtour operator to the provisions of this agreement.
10. Notice Delivery
10.1 All notifications from the Mtour operator to users under this agreement may be made through web announcements, emails, system notifications, proactive contacts via the Mtour management account, private messages, text messages, or regular letters; such notifications shall be deemed delivered on the date of sending.
10.2 Users should deliver their notifications to the Mtour operator through the officially published contact address, fax number, email address, etc.
11. Applicable Law
11.1 The establishment, execution, interpretation, and resolution of disputes of this agreement shall be governed by the laws and regulations of the People's Republic of China (for the purposes of this agreement, excluding relevant provisions of Hong Kong, Macau, and Taiwan).
11.2 If any disputes arise between the parties regarding the content or execution of this agreement, both parties shall strive to resolve them through friendly negotiation; if negotiation fails, either party may file a lawsuit in the People's Court of Haidian District, Beijing.
12. Other Provisions
12.1 If any provision of this agreement is found to be invalid or unenforceable for any reason, the remaining provisions of this agreement shall remain valid and binding.
12.2 The headings in this agreement are for convenience only and shall be ignored when interpreting this agreement; they cannot serve as a basis for interpreting the terms of this agreement.