User Statement for a Kingsoft Office Online Service Account
User Statement for a Kingsoft Office Online Service AccountUpdated on: November 23, 2017Thank you for using Kingsoft Office Online Service. Before you use the Kingsoft Office Online Service, please do carefully read and accept all provisions of this User Statement for a Kingsoft Office Online Service Account (hereinafter referred to as the "Statement"), and ensure that your Kingsoft Office Online Service Account for the access to Kingsoft Office Online Service is compliance with applicable laws and regulations, as well as with all stipulations in the Statement, as such Statement is updated from time to time by Kingsoft Office (defined below). You have no right to log in or use any part or whole of the Kingsoft Office Online Service, unless you have agreed and accepted all the provisions of this Statement. In addition to and not in limitation of your agreement to this Statement or any other Kingsoft Office Agreement via a click of "Accept the Agreement", “I Agree” or the like, any of the following also constitute your acceptance and agreement to this Statement: Clicking “Login”, actually using the Kingsoft Office Online Service, actually using any product or service (if any) that comes together with the Kingsoft Office Online Service from Kingsoft Office and/or actually using any product or service (if any) that comes along with the Kingsoft Office Online Service provided by a third party.I. Definitions
II. Obtaining of Kingsoft Office Online Service Account
- "Kingsoft Office Online Service"/"the Service": refers to the services and products that are launched by Kingsoft Office or its affiliated companies, and/or any third party who has built partnership with Kingsoft Office or its affiliated companies, which can only be logged into and accessed by using Kingsoft Office Online Service Account, as updated by Kingsoft Office from time to time. It includes but not limited to the services offered by WPS Member Center ( https://www.wps.com ),WPS Note Service and other services that may later be released and included into the scope of Kingsoft Office Online Service. The definitions and contents of specific services are subject to the agreements, rules and policies applicable to those services. While Kingsoft Office will use commercially reasonable efforts to innovate and modify the Service, you understand and agree that the form and nature of Services furnished by Kingsoft Office may be changed from time to time without a prior notice to you.
- "Kingsoft Office Online Service Account":refers to the WPS account, Google account, Facebook account, Drop-box account, Twitter account and other accounts (if any) used by you to log into the Service. The WPS account is the account provided to you by Kingsoft Office after you complete the registration process by filling in registration information at https://account.wps.com/signup.html?cb=https%3A%2F%2Fstore.wps.com&logintype=login&from=login or such other URL as designated by Kingsoft Office from time to time and agreeing to abide by the relevant rules of Kingsoft Office. Google account, Facebook account, Drop-box account, Twitter account and other accounts that may be added later are provided by parties other than Kingsoft Office. When registering a login account other than a WPS account, you shall completely abide by all of the pertinent requirements of the account providers (For example, if the Kingsoft Office Online Service Account is a Google account, the provider of the account will be Google, and accordingly, the provider of a Kingsoft Office Online Service accounts mentioned in the Statement may refer to the provider of any other account than WPS account or may refer to Kingsoft, depending on which account you utilize to access the Service).
"You" or "User": refers to any natural person user who use any part or whole of the Service only after they carefully read and accepted all of the provisions of the Statement, and any other applicable Kingsoft Office Online agreements (including but not limited to Privacy Protection Policy of Kingsoft Office, User Agreement for WPS Premium Service, etc., hereinafter referred to as "Other Agreements on Kingsoft Office Online Service". Other Agreements on Kingsoft Office Online Service are all officially published at https://www.wps.com/cloud-agreement and may be updated from time to time).
- "Chinese Mainland": 4.refers to all of the areas within the territory of the People's Republic of China, only for the purposes clearly specified in the Agreement, and excluding Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan.
"Kingsoft Office": Kingsoft Office Software, Inc.
- "Affiliated Companies":refers to the entities that (directly or indirectly) control, are controlled by or under common control with a party concerned. "Control" means ownership of more than 50% of management or decision-making power of the company (whether by voting, contract or any other means).
III. Management of Kingsoft Office Online Service Account
- Where you log into the Service by registering a WPS account, you shall agree to abide by all the provisions of the Other Agreements on Kingsoft Office Online Service，and complete all the application processes for registering a WPS account in accordance with the provisions of the Statement. Upon successful registration, the WPS account will become your Kingsoft Office Online Service Account.
- Where you register a third party account or use existing third-party account (Third-party accounts include but not limited to your existing Google account, Facebook account, Drop-box account, Twitter account and other third-party accounts that may be added later), such third-party account will be provided by parties other than Kingsoft Office. You shall fully follow the rules of the provider of such third party account for registration. Upon logging into the Service with a third-party account, the third-party account will become your Kingsoft Office Online Service Account.
You can only become a registered user or member of the Service by registering through one of the official channels of Kingsoft Office (the official channels of the Service include WPS member center website https://www.wps.com and other channels that may be added later). For any information on Kingsoft Office Online Service Account acquired through channels other than Kingsoft Office official channels (including but not limited to the information of Kingsoft Office Online Service Account acquired by unauthorized purchasing, leasing, borrowing and sharing, as well as by exploiting or cracking Kingsoft Office registration system), Kingsoft Office does not guarantee its authenticity and normal functioning, and any consequence such as banning, blocking, cancellation or revocation as determined by Kingsoft Office in its sole discretion shall be solely borne by you.
- If you are under 18, you must obtain the permission and instruction of your parents or legal guardian before you log into the Service by registering a WPS account or a third-party account or using an existing third-party account and such use is only permitted with the consent, guidance and supervision of your parents or legal guardian, and your parents or legal guardian must accept and agree to this Statement and the Other Agreements on Kingsoft Office Online Service.
IV. Provisioning of Kingsoft Office Online Service Account and the Service
- You shall ensure that your use of Kingsoft Office Online Service Account does not involve any of the following:
- 1.1. Engage in activity that is illegal under local, state, federal, or international law.
- 1.2. Engage in any activities that may cause embarrassment, loss of reputation, or other harm to Kingsoft Office.
- 1.3. Disseminate defamatory, discriminatory, vilifying, sexist, racist, abusive, rude, annoying, insulting, threatening, obscene or otherwise inappropriate messages or media.
- 1.4. Engage in activities that cause an invasion of privacy.
- 1.5. Engage in activities that cause disruption to the Kingsoft Office Online Service.
- 1.6. Make fraudulent offers for products or services.
- 1.7. Install or distribute unlicensed or "pirated" software.
- You shall ensure that your Kingsoft Office Online Service Account is not registered to any fraudulent or deceptive identity.
- The Kingsoft Office Online Service Account shall be used by you only. In the case that your Kingsoft Office Online Service Account and password are used by any third party, Kingsoft Office shall not be held responsible, including for any losses and consequences resulting from such use. You shall be held solely responsible for acts and omissions resulting from the use of your Kingsoft Office Online Service Account. In furtherance and not in limitation of the foregoing, you are fully responsible and liable to the extent youdisclose to any third person your Kingsoft Office Online Service Account, password or registration data; share the Kingsoft Office Online Service Account among several persons; install illegal or unknown programs, etc.
- You are responsible for providing information to your heirs or executor with respect to any access of your Kingsoft Office Online Service Account following your death or loss of behavioral capacity. Kingsoft Office will not provide any person with your Kingsoft Office Online Service Account or the contents therein, unless Kingsoft Office determines it is legally obliged to do so. Kingsoft Office encourages you to include the information on your Kingsoft Office Online Service Account and its access instruction into your legacy plans to effectuate the foregoing.
V. Termination of Kingsoft Office Online Service Account and the Service
- The Service supports you to log in through your Kingsoft Office Online Service Account. After you have accepted all the terms in the Other Agreements of Kingsoft Office Online Service and the agreements (if any) associated with specific services included in the Service, you are able to use any part or whole of the services that you have accessed to the Service through your Kingsoft Office Online Service Account, obtain the account of any part or whole of the Service and become a legitimate user thereof. If you have accessed any part or whole of the Service with more than one of your Kingsoft Office Online Service Accounts, you have actually obtained the service account of any part or whole of the Service. The aforesaid accounts will be separated from each another and no transfer of information among them is allowed. If you pay the service fee for any paid service subscribed in a single account, your other account(s) will be unable to make use of the paid service subscribed under this account.
- You acknowledge and agree that various sub services, e.g. the services provided by WPS Member Center ( https://www.wps.com ), WPS Note service, etc. are also only accessible through the Kingsoft Office Service Account for which you have signed up for such sub service and paid the applicable fees or charges. Under the circumstances that you have applied for initiating a single service or several services for your Kingsoft Office Online Service Account, the Account only owns the pertinent special rights for said single service or several services. For example, if you have applied for initiating the WPS premium service account，such account only enjoys the special rights corresponding to the WPS premium service and does not have the special rights of any other services than WPS premium service, e.g. WPS Note services, and if you also want to use the other services, e.g. WPS Note services, you need to separately purchase the other services, e.g. WPS Note for this account.
- Geographic limitations. As discussed below, some Kingsoft Office Online Service Accounts and sub services there under may ONLY be utilized outside of the Chinese Mainland and some Kingsoft Office Online Service Accounts and sub services there under may ONLY be utilized within the Chinese Mainland. Please note that the Kingsoft Office Online Service Account specified in the Statement can only be used to log into and use the Service provided to the users outside the Chinese Mainland, and you have no right to log into and use the service provided by the affiliated companies of Kingsoft Office and/or by any third party partners in collaboration with Kingsoft Office and its affiliated companies to the users in the Chinese mainland; on the other hand, the WPS account and QQ account, Wechat account, Sina Microblog account and MI account registered from the Chinese Mainland can only be used by you to log into and use the service provided by the affiliated companies of Kingsoft Office and/or by any third party partners in collaboration with Kingsoft Office and its affiliated companies to the users in the Chinese Mainland, and you have no right to log in and use such service outside Chinese mainland. Kingsoft Office or its affiliated companies have the right to independently determine whether you are a user in the Chinese Mainland via the IP address, equipment identifier, etc. shown during your login or use of the Service.
- Kingsoft Office may, in accordance with the requirements of applicable laws and regulations, perform identity verification for some services contained in the Service (and such verification may require you to provide personally identifiable information to Kingsoft Office). Kingsoft Office will initiate the corresponding services contained in the Service for you after such identity information is successfully verified.
- Please note that notwithstanding Kingsoft Office cooperating with certain third party providers to offer Kingsoft Office Online Service Accounts, to the extent you choose to access to the Service via the Kingsoft Office Online Service Account of a third party provider, such provider shall be solely responsible for ensuring the validity, accuracy, security and availability of the Account. Kingsoft Office shall not be liable for any failure to log into and use this Service through the Account of any third party provider, nor shall Kingsoft Office be responsible for any security or other breaches of such Account. Kingsoft Office shall not be responsible for retaining or storing the account information as used during the access of Kingsoft Office Online Service to the Service via any third party provider, and Kingsoft Office cannot provide password recovery for any other Kingsoft Office Online Service Account than the WPS account. To reset a password for your account (WPS account excluded), you must contact the applicable third party provider of your Kingsoft Office Online Service Account. You acknowledge and agree that Kingsoft Office shall not be in any way liable for your inability to use any paid content of the Service subscribed by you due to your loss of the Kingsoft Office Online Service Account or WPS account access (via password issues or otherwise). If the provider of Kingsoft Office Online Service Account which you use to access the Service terminates its agreement with Kingsoft Office, Kingsoft Office will make all reasonable efforts to notify you in advance and assist you in migrating the Service to your other existing Kingsoft Office Online Service Account (if any) or to any other successor Kingsoft Office Online Service Account that you initiate with a different third party provider. If you do not initiate such migration as described above, you shall terminate the Service through your provider; if you have not initiated the migration or terminated the Service, Kingsoft Office may, in its sole discretion, terminate the Service for you within thirty (30) days of the termination of the agreement between Kingsoft Office and such provider of Kingsoft Office Online Service Account. In the event that the Service is terminated, you will no longer be able to use any function of the Service as of the date the Service is officially terminated and Kingsoft Office shall not be obligated to refund any service fees (if any) which you have paid to Kingsoft Office for obtaining any paid services under the Service.
VI. Termination of Kingsoft Office Online Service Account
- In order to guarantee the smooth operation of the Service, Kingsoft Office reserves the right to conduct scheduled or non-scheduled maintenance, including but not limited to maintenance of the pertinent websites of the Service and you understand that this may lead to your inability to log in via the Kingsoft Office Online Service Account. Kingsoft Office will make all commercially reasonable efforts to notify you in advance,but Kingsoft Office shall not be liable for any damages or losses resulting from such maintenance work/Service downtime.
- In any of the following circumstances, Kingsoft Office reserves the right to discontinue the services specified under the Statement to you at any time and without prior notification and shall not be liable to you or any third party for any loss or damage resulting therefrom:
- 2.1. In case of regular inspection or construction work, or software or hardware updates, Kingsoft has the right to temporarily suspend the Service, and in such an event, Kingsoft Office will attempt to complete such maintenance or updates as soon as possible;
- 2.2. Any of the servers utilized by Kingsoft Office or its providers are damaged or malfunctioning;
- 2.3. Accidental failure of software or hardware equipment and of electronic communication equipment;
- 2.4. Any issues with the networks Kingsoft Office uses to provide the Service or any other failure of its network providers;
- 2.5. Emergency circumstances;
- 2.6. Compliance of Kingsoft Office to with any applicable governmental or court order;
- 2.7. Force Majeure and any other causes from a third party or causes beyond Kingsoft Office’s reasonable control;
- 2.8. Kingsoft Office believes that you have violated applicable laws or regulations or endangered the lawful rights and interests of a third party, or Kingsoft Office has received any complaints of infringement of intellectual property rights from a third party.
VII. Limited Use of Kingsoft Office Online Service Account
- If and only if Kingsoft Office terminates one or several separately charged services under the Service at its sole discretion, for the part of Kingsoft Office Online Service which has been subscribed but not used yet (if any) in connection with such separately charged services terminated by Kingsoft Office, Kingsoft Office will refund you the remaining service fees via payment or credit or as otherwise agreed and accepted by you and Kingsoft Office. Kingsoft Office will give you 30 days to apply for the refund of such service fee for the part of services you have subscribed but not used yet. Failure to deliver the application for said refund to the address specified by Kingsoft Office in accordance with any specific refund policies provided for by Kingsoft Office before the deadline for such an application expires shall be grounds for Kingsoft Office to refuse such application and retain the applicable refund of any remaining service fees for any paid services already subscribed but yet to be used by you.
- Except as specifically set forth in this Article VI and as expressly set forth in any Other Agreements on Kingsoft Office Online Service, all fees paid to Kingsoft Office are non-refundable, and this provision shall prevail in the event of any conflict with the other Articles hereof.
VIII. Modification of the StatementYou understand and acknowledge that Kingsoft Office may update, modify or revise this Statement at any time, including but not limited to as a result of changes in applicable law or regulation. After any such modification is made, Kingsoft Office will use commercially reasonable efforts to inform you of such changes (e.g. via a notice posted to the Website, a message provided through the Service, etc.). However, in some cases (e.g. modification made due to the requirements of applicable laws) Kingsoft Office may require the modifications to the Statement to take effect immediately. If you do not agree to any modifications of this Statement by Kingsoft Office, your sole remedy is to stop using any part or whole of the Service to which the modifications apply, and your continued use of any part or whole of the Service after the modification in question is made will be a deemed acceptance by you of the entire modified contents hereof. Kingsoft Office hereby suggests that you visit https://www.wps.com/cloud-agreement ,periodically to read the newest version of the Statement, in order to know whether the Statement has been modified and what has been modified. Except the modification by Kingsoft Office mentioned above, any other modification to this Statement by you shall be deemed to be void, unless otherwise expressly specified in a written agreement between you and Kingsoft Office on the modification of this Agreement. For this purpose and for the sake of clarity, emails or other communications shall not constitute any valid written agreements for the purposes of any purported modification by you of this Statement.IX. Scope of Application of the Statement
- You shall represent and warrant that you shall not cause any of the following circumstances to occur, and that Kingsoft Office’s non-exclusive remedies for such circumstances shall be to refuse you to log into the Service, or to limit the account that has successfully accessed to the Service to use the Service or suspend the visit of your account or directly close down your account with or without notice. You shall be subject to termination of your Account and the foregoing remedies if any of the following occur:
- 1.1.Violating any Other Agreement of Kingsoft Office Online Service and/or collateral agreements with respect to the services included by the Service (if any) or violating any applicable laws and regulations;
- 1.2. Kingsoft Office is notified by a third party that you have infringed upon its lawful rights and interests during the use of the Service;
- 1.3. Failure to log in the Kingsoft Office Online Service Account continuously for a long period as determined reasonably by Kingsoft Office;
- 1.4. Failure to pay any fees that are payable by you to Kingsoft Office or any other party arising from your use of the Service;
- 1.5. Any other behaviors that may be deemed by Kingsoft Office to be harmful or improper.Kingsoft Office may also suspend or close down your account for any of the following reasons:
- 1.6. The Service (or any part hereunder) needs to be terminated or modified significantly.
- 1.7. Accidental and sudden technical and safety problems or implementation of massive unsupported operation;
- 1.8. Compliance of Kingsoft Office to the orders or requirements of courts or other governmental institutions;
- In most cases when Kingsoft Office closes down your account, Kingsoft Office will inform you of such close down 30 days in advance via the email address provided by you (unless otherwise confirmed by Kingsoft Office that pertinent laws and regulations prohibit Kingsoft Office from providing such notice); You cannot retrieve any contents stored in the account or use the Service following any such close down.
- Please note that if Kingsoft Office denies your log in the Service, or limits your account to use the Service with or without sending notice, or suspends your account to log in or closes down your account as set forth herein:
- 2.1. Kingsoft Office shall assume no any responsibilities for any losses you or a third party have suffered (including but not limited to the loss and destruction of all documents, information and contents stored during your use of the Service), and Kingsoft Office has no any obligations to provide you or any third party with any message replay or contents backup service.
- 2.2.Kingsoft Office is not obligated to refund any service fee to you for your failure to use any part or whole of the Service that you have paid;
- 2.3 Kingsoft Office reserves the right to report you to applicable law enforcement or other governmental authorities to the extent Kingsoft Office believes it is necessary or appropriate to do so.
X. Governing Law; Arbitration
- All of the services as are included by Kingsoft Office Online Service are subject to the Statement. In the event that some specific service is subject to special rules and regulations on the use of the Kingsoft Office Online Service Account, and there is some discrepancy between said rules and regulations and the Statement, the rules and regulations in question shall prevail.
- Except as otherwise herein provided, the terms used in the Statement have the same meanings with the terms used in the collateral agreements with respect to any part of whole of the Kingsoft Office Online Service.
- This Statement will be governed by the internal substantive laws of the State of California without regard to its conflicts of laws provisions. The United Nations Convention on Contracts of International Sales of Goods also does not apply to this Statement. The English version is the official version of this Statement, and other language versions (in any) of this Statement are just for your reference. Should there be any discrepancy between English version and version of any other language, the English version shall prevail.
- Except as otherwise provided in this Statement, the exercise by any party of its remedies under this Statement shall not prejudice any other remedies which may be available pursuant to this Statement or otherwise. If any provision of this Statement is held to be unenforceable or invalid, it will be executed to the fullest extent possible, whilst the other provisions shall continue in effect. This Statement, together with the Other Agreements on Kingsoft Office Online Service(including without limitation the warranty disclaimers and limitations of liability therein), constitutes the entire and exclusive understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior proposals, understandings or communications relating to this subject either in oral or written form.
- You and we agree that any dispute, claim or controversy arising out of or relating in any way to the Services or this Statement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to this Statement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Statement and the termination of your Service.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Statement, and will be administered by the AAA. The arbitrator is bound by the terms of this Statement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement.
- YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
- By using the Services, you consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications through the Service and are part of your relationship with us. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as information about features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply contact us as provided on the Official Website. Please review our Privacy Protection Policy of Kingsoft Office for further detail on our marketing communications.