User Service Agreement
Updated: February 1, 2023
Effective date: February 1, 2023
Important Notice
Vively hereby reminds you to carefully read and fully understand this User Service Agreement (hereinafter referred to as "this Agreement"). You should carefully read and fully understand all terms of this Agreement, especially the disclaimer clauses that limit or exonerate the liability of TONGJIE ELECTRONICS (HK) CO., LIMITED (hereinafter referred to as "TONGJIE"), as well as clauses that restrict your rights. Such limitation and disclaimer clauses may be presented in **bold**, underlined, or otherwise highlighted for your attention. Please read carefully before deciding whether to accept this Agreement (**minors should read it in the presence of a legal guardian). Unless you accept all terms of this Agreement, you are not authorized to download, install, or use the Software or any related services provided by TONGJIE. Your downloading, installation, use, account registration, login, or similar actions will be deemed as your acceptance of this Agreement and your agreement to be bound by its terms.
This Agreement is a legal agreement between you (hereinafter referred to as "User") and TONGJIE ELECTRONICS (HK) CO., LIMITED (hereinafter referred to as "TONGJIE") and its operating partners (hereinafter referred to as "Partners"), concerning your downloading, installation, use, and reproduction of the reading software "Vively" (including versions for various wireless handheld terminals such as mobile phones and tablets), and your registration, use, and management of a Vively account, as well as your use of related services provided by TONGJIE. This Agreement describes the rights and obligations between TONGJIE and you regarding the license, use, and related services of the Software. "User" means any individual or organization that obtains the software license and account registration through the channels provided by TONGJIE and uses the Software and related services.
This Agreement may be updated by TONGJIE at any time. The updated terms will replace the original terms once published, without further notice. You may re-download the Software or visit the Vively app to review the latest version. If you do not accept the modified terms, you must immediately stop using the Software and services provided by TONGJIE. Your continued use will be deemed acceptance of the modified terms.
I. General Provisions
1.1 The reading software "Vively" and its related services (hereinafter referred to as "the Software and Services") are provided by TONGJIE and are installed on various wireless handheld terminals (including but not limited to mobile phones and tablets) for online or offline reading.
1.2 All ownership and operational rights of the Vively Software and Services, as well as the right to interpret business rules and activities, belong to TONGJIE.
1.3 If any provision of this Agreement is violated, TONGJIE has the right to terminate the relevant services without notice.
II. Service Content
2.1 Vively provides you with convenient and fast information technology services centered on literary content reading, including paid online reading of works, downloading, local content reading, and storage of comments based on online reading content.
2.2 You fully understand that TONGJIE only provides you with the technical services stipulated in this Agreement. You are solely responsible for all equipment (e.g., personal computers, mobile phones, and other devices necessary to access the internet or mobile internet) and related costs (e.g., telephone and internet access fees, mobile data charges).
III. Software Use
3.1 TONGJIE grants you a personal, non‑transferable, non‑exclusive, ordinary license to use the Software. You may install, use, display, and run the Software on a single terminal device for non‑commercial purposes.
3.2 You may make one copy of the Software in a computer‑readable form for backup purposes only. The backup copy must include all copyright notices contained in the original Software.
3.3 All rights not expressly granted to you under this section or this Agreement are retained by TONGJIE. You must obtain TONGJIE’s written permission to exercise any such rights. TONGJIE’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
3.4 Software Updates
- 3.4.1 To improve user experience and enhance services, TONGJIE has the right to develop new services based on your usage status and behavior.
- 3.4.2 To improve, enhance, and further develop the services, TONGJIE has the right to provide software updates when necessary (such updates may take the form of replacement, modification, feature enhancement, or version upgrade).
- 3.4.3 To improve user experience and ensure service security and consistency, TONGJIE has the right to update the Software, or change or limit certain functions or effects of the Software, without prior notice.
- 3.4.4 The Software enables the "Update Notification" feature by default. Depending on your software version, you may choose whether to enable this feature in the software settings.
- 3.4.5 After a new version is released, the old version may become unusable. TONGJIE does not guarantee that old versions will remain usable or that customer support will be available for them. To enjoy timely services from TONGJIE, please check for and download the latest version.
3.5 Obtaining the Software
- 3.5.1 You may download the Software installer directly from the Vively website or from third‑party websites authorized by TONGJIE.
- 3.5.2 If you obtain the Software or an installer with the same name from an unauthorized third‑party website or other source, TONGJIE cannot guarantee that the Software will function properly, and TONGJIE will not be liable for any loss caused by such software.
3.6 Installation and Uninstallation
- 3.6.1 TONGJIE develops different software versions for different terminal devices. You should download the appropriate version for your device. TONGJIE will not be liable for any loss caused by installing an incorrect version.
- 3.6.2 After downloading the installer, you must follow the step‑by‑step instructions. The Software will be ready for use upon successful installation.
- 3.6.3 To provide better and more secure services, TONGJIE may recommend installing an additional standalone software during installation. You may choose to install it or not.
- 3.6.4 If you no longer need the Software or need to install a new version, you may uninstall it. If you are willing to help Vively improve its products and services, please let us know the reason for uninstallation.
IV. Registration Information and Privacy Protection
4.1 Ownership of Vively account (Vively user ID) belongs to TONGJIE. Upon completing registration, you obtain the right to use the Vively account. You shall provide timely, complete, and accurate personal information and keep it updated to maintain its timeliness, completeness, and accuracy. All originally entered information will be referred to as registration information. TONGJIE shall not be liable for any issues or consequences arising from false registration information.
4.2 When you use the Service to access web pages, Vively, with your authorization, may collect your browsing data, including but not limited to browsing and search history, subscription information, etc., and will use such data to improve the services and web content provided to you. For details, please refer to the *Privacy Policy*.
4.3 You shall not transfer or lend your account or password to others. If you discover that your account is being used illegally by someone else, you must immediately notify TONGJIE. TONGJIE shall not be liable for any illegal use of your account or password due to hacking or your negligence in safeguarding them.
4.4 TONGJIE will not disclose or provide individual user registration information to any third party unless:
- 4.4.1 Prior explicit authorization is obtained from you;
- 4.4.3 Required by applicable laws or regulations;
- 4.4.4 Required by competent government authorities.
4.5 Privacy Terms
You and TONGJIE shall both be bound by the Vively Privacy Policy. For details, please see the *Privacy Policy*.
V. Rules of Use
5.1 When using the Vively Service, you must comply with relevant laws and regulations. You agree not to use the Service for any illegal or improper activities, including but not limited to:
5.1.1 Uploading, displaying, posting, transmitting, or otherwise making available any content that:
- ① Opposes the basic principles established by the constitution;
- ② Endangers national security, leaks state secrets, subverts state power, or undermines national unity;
- ③ Damages national honor or interests;
- ④ Incites ethnic hatred or discrimination or undermines ethnic unity;
- ⑤ Violates state religious policies or promotes cults or feudal superstitions;
- ⑥ Spreads rumors, disrupts social order, or undermines social stability;
- ⑦ Distributes obscenity, pornography, gambling, violence, murder, terror, or incites crime;
- ⑧ Insults or defames others or infringes upon their legal rights;
- ⑨ Contains falsehoods, harm, threats, invasion of privacy, harassment, defamation, vulgarity, obscenity, or other morally objectionable content;
5.1.2 Not use the network service system for any unlawful purpose;
5.1.3 Not engage in the following activities using Vively Service:
- ① Accessing computer information networks or using computer information network resources without permission;
- ② Deleting, modifying, or adding functions of computer information networks without permission;
- ③ Deleting, modifying, or adding data or applications stored, processed, or transmitted in computer information networks without permission;
- ④ Intentionally creating or spreading computer viruses or other destructive programs;
- Other activities that harm computer information network security.
5.1.4 You shall not do any of the following with respect to the Software:
- ① Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software;
- ② Use, rent, lend, copy, modify, link, reproduce, compile, publish, or create mirror sites of any content or information within the Software;
- ③ Copy, alter, modify, or create derivative works of data released to any computer terminal memory during the Software’s operation or of client‑server interaction data, including but not limited to using plug‑ins, bots, or unauthorized third‑party tools/services to access the Software and related systems;
- ④ Modify or forge instructions, data, or packets during runtime to add, delete, or change the Software’s functions or effects, or operate or publicly transmit software used for such purposes over information networks;
- ⑤ Access or use the Software and Services through third‑party software/systems not developed, authorized, or recognized by TONGJIE, or use plug‑ins or bots not developed, authorized, or recognized by TONGJIE.
5.2 If you violate any of the above provisions, TONGJIE has the right, without prior notice, to delete the relevant content, or to terminate, fully or partially suspend, restrict your account’s functionality, or stop your use of the Software or Services. If such violation causes losses to TONGJIE, TONGJIE has the right to demand compensation from you, including but not limited to administrative penalties imposed on TONGJIE by government authorities, or claims brought by third parties through litigation or otherwise, and the scope of compensation includes but is not limited to fines, damages, litigation fees, attorney fees, and all other direct and indirect losses incurred by TONGJIE.
5.3 You shall not copy, reproduce, sell, resell, or use any part of the Service or your use of or access to the Service for any commercial purpose.
VI. Service Risks and Disclaimer
6.1 The Software and Services are provided on an “as is” and “as available” basis. The Software and Services involve wireless internet and mobile communication services, which may be affected by various unstable factors. Therefore, there is risk of service interruption or failure to meet user expectations due to force majeure, computer viruses, hacker attacks, system instability, your location, device shutdown, GSM or other mobile networks, internet networks, or communication lines. You, as the user, bear such risks. Vively makes no warranty regarding the timeliness, security, or accuracy of the Services.
6.2 If TONGJIE’s systems fail and affect the normal operation of the Services, TONGJIE shall work with relevant parties to resolve the issue as quickly as possible. However, TONGJIE and its partners shall not be liable for any economic losses you suffer as a result. Additionally, Vively reserves the right to suspend any part of the Services without prior notice for maintenance, upgrades, or other purposes.
6.3 When using the Software and Services, you assume the following risks, including but not limited to those beyond Vively’s control: login failure or slow page loading due to unstable wireless network signals or low bandwidth; you must choose the software version that matches your device; otherwise, any software or device issues or damage caused by version incompatibility shall be your sole responsibility; and security risks regarding your personal information on your device when using the Software and Services.
VII. Intellectual Property Rights
7.1 TONGJIE ELECTRONICS (HK) CO., LIMITED is the intellectual property rights holder of the Software. All intellectual property rights in the Software, including but not limited to copyrights, trademark rights, patent rights, trade secrets, and all information content related to the Software (including but not limited to text expressions and combinations, icons, decorations, charts, colors, interface designs, layout frameworks, data, printed materials, or electronic documents) are owned by TONGJIE ELECTRONICS (HK) CO., LIMITED, except for third‑party licensed software or technology. TONGJIE ELECTRONICS (HK) CO., LIMITED and its affiliates, as operators of Vively, provide reading services to you, and you shall exercise your rights, perform your obligations, and bear legal responsibilities in accordance with this Agreement.
7.2 Without TONGJIE’s written consent, you shall not exercise, exploit, transfer, or authorize any third party to exercise or exploit the above intellectual property rights for any commercial or non‑commercial purpose. TONGJIE reserves the right to pursue legal action for any such unauthorized conduct.
VIII. Third‑Party Products, Software, or Technology
8.1 The Software may use third‑party software or technology that is duly licensed. Any dispute arising from such third‑party software or technology shall be resolved by the third party, and Vively shall bear no liability. TONGJIE does not provide customer support for such third‑party software or technology. If you need support, please contact the relevant third party.
8.2 If a third party imposes certain requirements on its software or technology used in the Software, and such requirements must be observed by you, you shall comply with them. These requirements may be expressed as “software license agreements,” “license agreements,” or otherwise, and form an integral part of this Agreement, having equal legal effect. If you fail to comply, the third party or government authorities may bring legal action, impose fines, or take other measures against you, and may request Vively’s cooperation.
8.3 Any third‑party licensed software or technology mentioned in the appendix to this Agreement is only what the Software currently uses. TONGJIE may, in its sole discretion, decide whether to continue using such third‑party software or technology, or to choose other suppliers, based on contractual terms with the third party or its business needs.
IX. Changes to Services and Agreement Terms
TONGJIE has the right to modify the terms of this Agreement when necessary. Any modification will be posted on relevant pages. If you do not agree to the changes, you must voluntarily cancel the Service. If you continue to use the Service, you will be deemed to have accepted the changes.**
This Agreement also incorporates the *Privacy Policy*, the *Copyright Protection Complaint Guide*, and any other relevant agreements or business rules that TONGJIE may issue from time to time. The above documents, once officially released, become an inseparable part of this Agreement, and you shall abide by them. In the event of conflict, this Agreement shall prevail. Your acceptance of any such business rules or agreements constitutes your acceptance of this Agreement in its entirety.