Welcome, and thank you for your interest in Malette (“malette,” “we,” or “us”) and our website at www.malette.art, along with our related websites, hosted applications (Muscles King and etc.), mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Malette regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY: BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CIVITAI’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND CIVITAI’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CIVITAI AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 18 (DISPUTE RESOLUTION AND ARBITRATION), YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND CIVITAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
I. Confirmation and Acceptance of Service Terms 1.1 These Service Terms constitute an agreement between the user and Malette regarding the registration and use of the products and services provided by Malette. If the user chooses to confirm on the page or otherwise explicitly or implicitly accept these Service Terms, or use the products and services provided by Malette through downloading, installing, logging in, and other methods, it means that the user and Malette have reached an agreement and voluntarily accept all the content of these Service Terms. If the user does not agree with any content of these Service Terms, please do not register for a Malette email account or use the products and services provided by Malette.
1.2 The scope of this Service Terms applies to all products and services registered and used through a Malette email account provided by Malette (hereinafter collectively referred to as "Malette Services"). Unless otherwise explicitly declared by Malette, users will be bound by these Service Terms when using any single Malette service. When using each single service of Malette, users agree to accept the service terms of that single service and various announcements and rules issued by Malette in that single service (hereinafter collectively referred to as "Individual Terms") in the manner required by the single service. In this case, the Individual Terms and these Service Terms will take effect for the user at the same time. If there is a conflict between the same terms of the Individual Terms and these Service Terms, the Individual Terms shall prevail within the scope of the Individual Terms.
1.3 Malette has the right to modify these Service Terms and each Individual Term by issuing announcements on the website or other reasonable methods when necessary. Users should timely review and understand the modified content when enjoying each single service of Malette, and consciously comply with these Service Terms and the relevant terms of that single service. If users continue to use the products and services involved in these Service Terms, it is deemed as agreement to the modified content, and the latest term content shall prevail in case of any dispute; if users do not agree with the modified content, they have the right to stop using the products and services involved in these Service Terms.
II. Introduction to Malette Email Account Services 2.1 The "Malette email account" referred to in these Service Terms means a legal and valid account registered by the user with an email as the account number. After the successful registration of the Malette email account, the account number is the email number.
2.2 Users understand and confirm that the Malette email account is a digital identifier authorized by Malette to registered users to use Malette Services according to these Service Terms. Within the scope permitted by laws and regulations, the ownership of the Malette email account (excluding the email itself), as well as the service data and records related to the registration and use of the Malette email account, including but not limited to all registration, login, consumption records, product logs, customer service records, and related usage statistics, etc., are owned by Malette or the specific product operation entity.
2.3 After the user completes the application registration process of the Malette email account, Malette authorizes the user to use the NetEase service according to these Service Terms, or use the account according to other purposes explicitly permitted by Malette, in accordance with Malette's service rules. Malette Company uses its own operating system to provide users with various services through the Internet. Users must: (1) provide equipment, such as personal computers, mobile phones, or other Internet access devices. (2) pay for personal Internet access and fees related to this service.
III. Malette Email Account Registration Rules 3.1 Users confirm that when registering or using Malette Services, they should have the civil conduct capacity stipulated by the laws of the People's Republic of China that is commensurate with their actions, ensuring the ability to independently bear responsibility for all actions using Malette Services. If the user does not have the aforementioned qualification, please read these Service Terms with the accompaniment of a guardian and register and use Malette Services only after obtaining the guardian's consent to these Service Terms and the user's actions in using Malette Services; Malette has the right to claim compensation from the guardian when requiring the user to bear responsibility according to legal provisions or these Service Terms.
3.2 Users must also ensure that they are not subjects of trade restrictions, sanctions, or other legal, regulatory restrictions imposed by any country, international organization, or region, and have not directly or indirectly provided funds, goods, or services to the aforementioned subjects. Otherwise, they should stop registering or using Malette Services, and users understand that violating the aforementioned requirements may result in their inability to register and use Malette Services normally.
3.3 The registration information for the Malette email account includes but is not limited to: the user's mobile phone number, password, and all information entered when registering or updating the Malette email account registration information, as well as all information entered when updating the Malette email account and using each single service of Malette, including name, avatar, cover, profile, signature, authentication information, etc. When registering for a Malette email account, users promise to abide by laws and regulations, the socialist system, national interests, the legitimate rights and interests of citizens, public order, social ethics, and the authenticity of information, and must not include illegal and undesirable information in the Malette email account registration information. Users also guarantee that when registering and using the account, they will not have the following circumstances:
(1) Violating the constitution or laws and regulations;
(2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
(3) Damaging national honor and interests, or harming public interests;
(4) Distorting, vilifying, profaning, or denying the deeds and spirit of heroes and martyrs, or infringing upon the name, portrait, reputation, and honor of heroes and martyrs by insulting, defaming, or other means;
(5) Promoting terrorism, extremism, or inciting terrorist activities or extremist activities;
(6) Inciting ethnic hatred, discrimination, or undermining national unity;
(7) Undermining national religious policies, promoting cults, and feudal superstitions;
(8) Spreading rumors, disturbing social order, or destabilizing society;
(9) Spreading obscene, pornographic, gambling, violent, murderous, terrorist, or crime-inciting content;
(10) Insulting or defaming others, or infringing upon the legitimate rights and interests of others;
(11) Impersonating others, using false or misleading information;
(12) Containing sensitive words or identifiers;
(13) Containing other content prohibited by laws and regulations.
If the account registration information provided by the user to Malette is inaccurate, untrue, contains illegal or undesirable information, Malette has the right not to register and reserves the right to terminate the user's use of the Malette email account and Malette Services. If the user deceives the account registration with false information or the account avatar, personal profile, and other registration information contain illegal and undesirable information, Malette has the right to take direct deletion, notification for correction within a time limit, suspension of use, cancellation of registration, and other measures. For impersonating associated institutions or celebrities when registering account names, Malette has the right to cancel the account and report to the government authorities.
3.4 In accordance with relevant laws, regulations, and considering the importance of Malette's product services, users agree:
(1) To submit personal valid identity information for real-name authentication when registering for a Malette email account (including but not limited to mobile phone numbers, ID card numbers, etc.);
(2) To provide necessary and accurate account registration information and continuously update the registration information so that Malette can provide assistance to users or better serve users.
If the information provided by the user is incomplete or inaccurate, they may not be able to use Malette Services or may be restricted during use. Malette reminds users that the identification number filled in when registering for a Malette email account or updating registration information cannot be modified after the successful registration of the Malette email account or after supplementary filling. Users should carefully fill in all registration information.
3.5 Users agree that the true, accurate, and legal registration information of the Malette email account they provide is the sole evidence for determining the association between the user and their Malette email account and the user's identity. While enjoying various services of Malette, users agree to accept various information services provided by Malette. In case of disputes, users agree to take the system data of Malette or the specific product operation entity as the standard, and Malette guarantees the authenticity of the data. However, if the Individual Terms have different agreements from the aforementioned, the Individual Terms shall prevail.
IV. Service Changes, Suspension, Cancellation, or Termination 4.1 Malette is constantly changing and improving its services. Malette may add or delete features, or it may suspend or completely stop a service. Users agree that Malette may choose to terminate the Malette email account service or other Malette services for reasons such as its own business decisions. If such a situation occurs, Malette will notify users through reasonable forms such as website announcements. Except for situations where the law has explicit provisions, Malette has the right to handle the refund of the balance (if any) for the user without the user's application.
4.2 If a user's illegal or infringing behavior is confirmed by an effective legal document of a national administrative or judicial authority, or if Malette believes based on relevant facts that the user's behavior is suspected of violating the provisions of these Service Terms or the usage rules published by Malette from time to time, or is suspected of violating the provisions of laws and regulations, then Malette has the right to take reasonable and appropriate measures such as suspension, interruption, or termination of service to the user according to the severity of the situation. If users have objections to the aforementioned measures, they should promptly submit them to Malette with valid factual evidence, and Malette will process and feedback to the user within the promised period.
V. User Privacy System Respecting user privacy is a basic policy of Malette. Malette will collect, store, use, disclose, and protect users' personal information in accordance with the "Privacy Policy of Malette" published on the Malette website. Please read the aforementioned privacy policy in full to help users better protect their personal information.
5.1 The user's account is set by the user themselves and kept by the user. Users should maintain the confidentiality and security of the password and Malette email account. If users do not keep their account and password safe and cause damage to users, Malette, or third parties, users will bear all responsibilities.
5.2 The authorization to use the Malette email account according to these Service Terms is limited to the initial applicant. Without the explicit permission of Malette, the initial applicant shall not give, lend, rent, transfer, or sell the Malette email account or otherwise permit other entities to use the Malette email account. Otherwise, users shall bear any responsibilities and consequences arising therefrom; at the same time, Malette reserves the right to suspend, interrupt, or terminate the use of the account without notice and to pursue the legal responsibilities of the person committing the aforementioned acts.
5.3 Users agree that if they find any illegal use of their account or security vulnerabilities, they are obliged to immediately notify Malette. Malette will assist users in freezing the account, changing the password, or making other security settings. Users understand and agree that Malette needs a reasonable amount of time to take action on their requests and does not bear any responsibility for any consequences (including but not limited to any losses of the user) that have arisen before taking action and are caused by the user.
5.4 In order to protect the security of user accounts and to enable users to use Malette services more safely, Malette may continuously upgrade and improve our security technology protection measures. If Malette, based on its own judgment, finds that the user's account has or may have security risks such as account theft, in order to protect the security of the user's account and to prevent property loss, Malette may take certain measures such as issuing prompts to the user, suspending the user's use of the account, or taking certain measures when the user logs in or uses the account, including but not limited to requiring the user to verify/change/bind mobile phone numbers, change passwords, etc. Users need to cooperate with Malette for corresponding account protection operations. Users understand and agree that if they refuse Malette's account protection operations or fail to pass the aforementioned account protection operations, Malette has the right not to restore the right to use the account or to restrict some or all functions of the account.
VII. User Conduct Standards 7.1 Users understand and agree that Malette has always been committed to providing users with a civilized, healthy, and orderly online environment. The use of Malette services must comply with all applicable laws and regulations of the service and the local, national, and international laws of the country or region where the user is located or resides, and must not use Malette services for illegal and irregular activities, interfere with the normal operation of Malette services, and infringe upon the legitimate rights and interests of other users or third parties.
7.2 Users must not create, copy, publish, or disseminate the following information on the pages of Malette services or by using Malette services:
(1) Violating the basic principles established by the constitution;
(2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
(3) Damaging national honor and interests;
(4) Distorting, vilifying, profaning, or denying the deeds and spirit of heroes and martyrs, or infringing upon the name, portrait, reputation, and honor of heroes and martyrs by insulting, defaming, or other means;
(5) Promoting terrorism, extremism, or inciting terrorist activities or extremist activities;
(6) Inciting hatred, discrimination, or undermining national unity among ethnic groups, populations, or regions;
(7) Undermining national religious policies, promoting cults, and feudal superstitions;
(8) Spreading rumors, disturbing social order, or destabilizing society;
(9) Spreading obscene, pornographic, gambling, violent, terrorist, or crime-inciting content;
(10) Insulting, cursing, or defaming others, or infringing upon the legitimate rights and interests of others;
(11) Inciting illegal assemblies, associations, parades, demonstrations, or gatherings that disrupt social order;
(12) Acting in the name of illegal civilian organizations;
(13) Displaying bloody, thrilling, cruel, and other content that causes physical and mental discomfort;
(14) Possibly causing minors to imitate unsafe behaviors and violate social morals, induce minors to develop bad habits, etc.;
(15) Spreading commercial advertisements, or similar commercial solicitation information, excessive marketing information, and spam;
(16) Using exaggerated titles that are seriously inconsistent with the content;
(17) Sensationalizing gossip, scandals, and misconduct;
(18) Inappropriately commenting on natural disasters, major accidents, and other disasters;
(19) Containing sensitive words or identifiers;
(20) The information published is deceptive, misleading, or meaningless, or deliberately using character combinations to evade technical review;
(21) Containing content prohibited by laws and regulations or other content that violates social ethics.
7.3 Users must not use Malette services to engage in the following behaviors:
(1) Intentionally creating or disseminating destructive programs such as computer viruses, and illegal acts such as intruding into others' networks, interfering with the normal functions of others' networks, and stealing network data that endanger network security and infringe upon the rights and interests of others (including phishing activities);
(2) Providing others with programs, tools, or knowingly providing technical support, advertising promotion, payment settlement, and other assistance for activities that endanger network security, such as intrusion into networks, interference with normal network functions and protective measures, and theft of network data;
(3) Establishing websites or communication groups for activities such as fraud, teaching criminal methods, manufacturing or selling prohibited items, controlled items, and other illegal and criminal activities;
(4) Publishing, transmitting, disseminating, or storing content that infringes upon the legitimate rights of others such as reputation, portrait, privacy, intellectual property, and trade secrets, as well as engaging in other behaviors that infringe upon the legitimate rights of others;
(5) Publishing, transmitting, or disseminating harassment, advertising, and spam information;
(6) Interfering with or disrupting the normal operation of Malette services, as well as other behaviors that endanger the security of computer information networks;
(7) Other behaviors that violate any relevant laws, regulations, rules, regulations, and other norms with legal effect, as well as all other provisions and procedures of Malette.
7.4 Unless permitted by law or Malette's written permission, users must not engage in the following behaviors during the use of Malette services:
(1) Deleting information about intellectual property rights on the Malette service application and its copies;
(2) Reverse engineering, reverse compiling, reverse compiling, or attempting to discover the source code of the Malette service application in any other way;
(3) Using, renting, lending, copying, modifying, linking, reposting, compiling, publishing, establishing mirror sites, and other actions on the content with intellectual property rights owned by Malette;
(4) Entering the computer information network, system, or using computer information network resources of Malette services;
(5) Copying, deleting, modifying, adding, running, or creating any derivative works of the Malette service application and its functions, running instructions, stored/processed, or transmitted data, including but not limited to using plugins, plug-ins, or unauthorized third-party tools/services to access Malette services and related systems; or operating or disseminating the aforementioned software and methods to the public for the aforementioned purposes, whether or not for commercial purposes;
(6) Logging in to or using Malette services, or creating, publishing, or disseminating the aforementioned tools through third-party software, plugins, plug-ins, systems not developed or authorized by Malette;
(7) Interfering with the application and its components, modules, data of Malette by oneself or authorizing others, third-party software;
(8) Other actions not explicitly authorized by Malette.
7.5 Users promise that without the consent of Malette, they cannot use Malette services for sales or other commercial purposes. If users need to use the service for commercial purposes, they should notify Malette in writing and obtain explicit authorization from Malette.
VIII. Liability and Liability Limitation 8.1 Users must bear legal responsibility for all actions under their Malette email account, including any content published by users and any consequences arising from others using the user's computer, mobile phone, account, etc. If users or others using the user's account infringe upon the civil rights and interests of others through Malette's services, users shall bear tort and other legal responsibilities. The forms of legal responsibility borne by users include but are not limited to: compensating the infringed party, and compensating Malette for the same amount after Malette has first borne the administrative penalties or tort liability compensation caused by the user's actions.
8.2 Users understand that if Malette discovers or receives a report or complaint from the infringed party that the user's behavior violates relevant laws and regulations or the provisions of these Service Terms, Malette has the right to take reasonable and appropriate measures such as restrictions, suspensions, freezes, or terminations of the user's use of Malette services according to the severity of the situation based on the requirements of laws and regulations or relevant factual basis; all losses (including but not limited to communication interruptions, inability to use user data, emails, virtual property, and related data, value-added services, products, or services, etc.) caused thereby shall be borne by the user.
8.3 Users understand that in order to ensure the security of Malette services and the consistency of product functions, Malette will periodically update Malette services. Users should update the software to the latest version. If users do not update to the latest version in time, Malette does not guarantee that users can normally use Malette services.
8.4 Malette will do its best to maintain the security and convenience of all services on the Malette email account, but does not bear any responsibility for the deletion or storage failure of information (including but not limited to information published by users) in the service.
8.5 Unless caused by Malette, Malette will not bear any obligation to refund any fees that have been collected.
8.6 Within the scope permitted by laws and regulations, Malette does not bear any compensation responsibility for any indirect, punitive, special, or derivative losses related to or arising from these Service Terms.
8.7 Malette does not make any warranties regarding the safety, reliability, timeliness, and performance of Malette services and products.
8.8 Malette does not guarantee that any products, services, or other materials provided by Malette will meet the user's expectations.
IX. Force Majeure and Other Exemptions Users understand and agree that due to the particularity of the Internet, the following situations may be encountered during the use of Malette services, causing changes, interruptions, or terminations of the service. In the event of the following situations, it is not considered a breach of contract by Malette, and Malette shall be exempted from liability for any losses caused to the user.
(1) Force majeure, including but not limited to natural disasters, epidemics, government actions, the enactment and adjustment of laws and regulations, wars, riots, communication line interruptions, network attacks, virus invasions, network failures, technical adjustments by telecommunications departments, and government regulations, and other objective situations that cannot be foreseen, overcome, or avoided;
(2) Malette needs to interrupt the service when performing data center maintenance, equipment maintenance, system upgrades, or optimizations;
(3) Service interruptions or terminations caused by the user themselves or third parties, including improper user operations, hardware and software failures of third-party product or service providers, etc.
(4) When Malette undergoes mergers, divisions, acquisitions, asset transfers, Malette may transfer related assets under this service to a third party; Malette may also transfer part or all of the services and corresponding rights and obligations under this agreement to a third party for operation or fulfillment after notifying you unilaterally.
(5) After Malette terminates the provision of services to you, it has the right to delete your personal information according to the requirements of applicable laws, or process it anonymously, and also has the right to continue to retain other content and information you have retained on our platform according to the period and method stipulated by law.
X. Notifications 10.1 All notices to users can be delivered through email, regular mail, or announcements in prominent positions on the website. Malette will use one of the above methods to convey messages to users, informing them of changes to service terms, service changes, or other important matters.
10.2 In order to enable users to timely and comprehensively understand the various services provided by Malette, users agree that Malette can use Malette services to publish commercial advertisements and commercial short messages for multiple times and for a long period, including but not limited to placing commercial advertisements on the login page and any page after logging in of Malette services, sending commercial advertisement emails to users of Malette services, sending commercial short messages to users of Malette services, and attaching commercial advertisements and/or advertisement links to the emails sent by users of Malette services.
XI. Intellectual Property Declaration 11.1 The ownership and intellectual property rights of Malette products involved when Malette provides services belong to Malette.
(1) The content provided by Malette includes but is not limited to: non-user-uploaded/provided text, software, pictures, audio, video, charts, program code, interface design, layout framework, data, accounts, etc. All intellectual property rights and related intellectual achievements rights of these contents belong to Malette and are protected by copyright, trademark, patent, and other relevant laws. Without the authorization of Malette, users are not allowed to use the above content, and users are not allowed to copy, sell, reproduce, recreate, and other behaviors to the above content without permission.
(2) Malette's registered trademarks such as Malette, Malette, and other signs and names of Malette products and services are trademarks of Malette (hereinafter referred to as "Malette Identifiers"). Without the prior written consent of Malette, users are not allowed to use Malette Identifiers and other identifiers with rights related to Malette in any illegal or unreasonable manner or to treat them otherwise, nor can they indicate to others that users have the right to use Malette Identifiers.
11.2 Malette respects intellectual property rights and focuses on protecting the rights enjoyed by users. In Malette services, users may need to provide content to Malette through uploading, publishing, and other methods. In this case, users still have the complete intellectual property rights of this content. Users promise that when using the services provided by Malette, the content published and uploaded (including but not limited to text, pictures, audio and video, software code, and all content protected by intellectual property rights) is original or has obtained legal authorization. When providing content, users will grant Malette a global free license to use, disseminate, copy, modify, re-license, translate, adapt, create derivative works, publish, perform, and display this content. Users specially authorize Malette to take legal action in their own name or entrust third parties to take legal action against users who infringe upon the intellectual property rights of the content uploaded and published, including but not limited to complaints, litigation, and other necessary rights protection measures.
XII. Applicable Law and Dispute Resolution 12.1 These Service Terms are governed by the laws of the People's Republic of China and exclude the application of conflict of law provisions.
12.2 If a dispute arises in the use of the services under these Service Terms, users and Malette should try to resolve it through friendly consultation.
If the consultation fails, either party has the right to file a lawsuit in the People's Court where the defendant resides.
XIII. Special Notice for Young Users Young users must abide by the National Youth Online Civilization Convention:
Be good at online learning and do not browse bad information; be honest and friendly in communication, and do not insult or defraud others; enhance self-protection awareness and do not casually date netizens; maintain network security and do not disrupt network order; be beneficial to physical and mental health, and do not indulge in virtual time and space.
XIV. Validity Period of Malette Email Account 14.1 Users clearly understand that there is a validity period for the Malette email account and agree to log in and use the Malette email account from time to time to extend its validity period.
14.2 If the user registers a Malette email account and does not log in for 180 consecutive days, Malette has the right to freeze the account. During the freeze period, users can unfreeze through original passwords + mobile phone verification codes, customer service appeals, and other methods. Specific operation methods can be inquired or consulted with customer service at appropriate positions on the Malette website. If the frozen Malette email account is re-registered by other users during the freeze period and passes the necessary verification when registering, Malette has the right to reclaim the account for other users to register and use.
XV. Miscellaneous 15.1 Malette's failure to exercise, failure to exercise in a timely manner, or failure to fully exercise any rights under these Service Terms or as provided by law shall not be deemed a waiver of such rights, nor shall it affect Malette's exercise of such rights in the future.
15.2 If any provision of these Service Terms is completely or partially invalid or unenforceable for any reason, the remaining provisions of these Service Terms shall remain valid and binding, and Malette and users shall make every effort to realize the original intention of the provision
.
15.3 The titles in these Service Terms are set for convenience only and shall not serve as the basis for interpreting these Service Terms.
If users have any questions about the content of these Service Terms, they can contact Malette officials by email: mark@junemark.com, june@junemark.com