Effective as of 30 July 2024
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Your access to certain Services or features of the Services may be subject to age restrictions and not available to all users of the Services. For purposes of these Terms, “you” and “your” mean you as the user of the Services.
Your fundamental rights as a User to the Services are mainly set forth in the Terms, so please read all of the terms and conditions carefully
Due to fast-developing technologies and law and policies, as well as volatile market conditions, the Company reserves the right, in its sole discretion, to modify or revise the Terms from time to time at any time, and to the extent permitted by applicable law, you agree to be bound by such modifications or revisions. Any such modified or revised version will be effective at the time we first post it onto our Platform (or at any other time designated in the terms of such version, if any). We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform. However, you should look at the Terms regularly to check for such changes. We will also put the “Last Updated” date at the top of the Terms, which reflects the effective date of such Terms. Your continued use of the Services thereafter will constitute your acceptance of, and consent to, such modifications or revisions. If you object to any such modification or revision, your sole recourse shall be ceasing to use all of the Services.
1.Rights to Access the Services
A. The Services provide an Internet platform offering comprehensive software and network services. The Services may allow you to enjoy the basic features of audiovisual media playing (online playing, backstage playing, locked-on playing), music/WiFi/files/photo album important, playlist management (Loved and Recently), utilize other features of the Services including without limitation some other third-party services.
B. Subject to your compliance with the Terms as well as any applicable laws and regulations, the Company grants you a conditional, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, solely for your personal and non-commercial use.
i)access or use the Services if you are not fully able and legally competent to agree to these Terms or are not authorized to use the Services by your parent or legal guardian;
ii)access or use the Services for any purpose other than as expressly permitted by the Terms;
iii)make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
iv)distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof
v)market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
vi)use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
vii)interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
viii)incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse to provide any Services, or limit access to the Services in our sole discretion;
ix)use automated scripts to collect information from or otherwise interact with the Services;
x)impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
xi)intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
xii)use or attempt to use another¡¯s service or system without authorization from us, or create a false identity on the Services;
xiii)use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
xiv)use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
xv)provide any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose the Company, the Services or its users to any harm or liability of any type of attack, hack, interfere with other user¡¯s use of, reverse-engineer, disassemble, attempt to derive the source code of, the Service or any part thereof;
xvi)conduct any action that may infringe or jeopardize the lawful rights or interests of any person, entity and/or the Company;
The Company reserves the right, at any time and without prior notice, to remove or disable access to content at its discretion for any reason or no reason.
2.License of the App
A. The App consists of computer programs and integrated or peripheral contents which may contain copyrighted material. The App made available to you is licensed, not sold, to you. Your license to each of the App is subject to your prior acceptance of the Terms. The Company reserves all rights in and to the App that are not expressly granted to you under the Terms.
B. Subject to your compliance with the Terms and any applicable laws and regulations, the Company grants you a conditional, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to store, install, use and uninstall the App on any computing devices (inclusive but not limited to desktop and portable computers, tablets or pads, smartphones, Internet TVs and wearable devices) that you own or control, solely for your personal, non-commercial use. Unless otherwise provided to the contrary, the Terms govern any and all content, material, and services accessible from or purchased within the App as well as upgrades and patches provided by the Company.
C. Except as expressly provided in the Terms, you shall not rent, sell, transfer, redistribute or sublicense the App. If you sell your computing device to a third party, you must remove the App from such device, or at least logout and erase all records in relation to your use of the App.
D. You shall not make use of errors, bugs or defects of the App, and shall not develop, distribute, disseminate or use any program, software or scripts which may cast detriment to us or the App.
3.Use of Data
You agree that the Company may collect and use technical data and related information including but not limited to technical information about your device, system, network access, and other software and peripherals installed on your devices. These may be gathered periodically to facilitate the provision of the Services, inclusive of customer service, technical support, and other services to you (if any) related to the Services. The Company may use this information to improve its products or to provide services or technologies to you or third parties, as long as it is in a form that is not capable of personally identifying you.
4.Except for the permissions and rights expressly granted in the Terms, no other licenses or rights are granted to you by implication or otherwise under the Terms.
As a precondition and requirement for your access to and use of the Services, you are obliged to always observe certain rules during your access to and use of the Services.
Since we provide merely a tool, a platform, or a place for our users to enjoy different contents, and/or communicate with each other, it is the users (including you) themselves who make up this community. Each user shall be responsible for his/her own actions, behavior, and conducts when receiving and participating in the Services. We do not actively monitor and are not responsible for any activity or content that is made or provided by the users; however, we expect the users to conduct their actions and behavior in a friendly and legitimate way.
1. You are encouraged to:
i) use the Services with your friends; tell them about the Site and App if they do not know them yet;
ii) Make more positive comments and feedback.
2. Consequences of Misuse of the Services
A. If you violate applicable laws, regulations, the Terms and/or our other agreements or terms and conditions you accepted, we have the right to make judgments in our discretion but in accordance with relevant rules, and take one or more countermeasures or penalties as we consider commensurate to your violation, including but not limited to:
i) removal of non-compliant content;
ii) restricting or terminating the provision of certain portions, features or functions of the Services to you;
iii) limitation or denial of further service to you; and
iv) post public notices to expose and condemn your violation.
B. Multiple or repeated violations and misconducts, and cases of extreme severity, may result in more serious consequences, as we reasonably consider.
C. You agree to indemnify and hold the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney¡¯s fees, arising out of or in connection with:
i) your use of and access to the Services;
ii) your violation of any term of the Terms;
iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right or any third-party agreement.
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY WITHIN THE LAST 12 MONTHS.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
1.Termination and Interruption
A. The Company is not obliged to provide the Services unless required by applicable law. Therefore, the Company may terminate the Services in its entirety, or any part thereof, without giving a reason, notice, and compensation to you. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of the termination, lose all information and data associated with our Services, and the Company is under no obligation to compensate you for any such loss.
B. The Company reserves the right to deny the access of any user to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate the Terms, the Company reserves the right to issue you a warning regarding the violation.
C. You understand that we need to perform scheduled or unscheduled repairs and maintenance of the Services. If such situations cause an interruption of Services for a reasonable duration, we shall not bear any liability to you and/or to any third parties. However, we shall provide notice to you as soon as practicable.
2.Modification
The Company reserves the right to change, modify, reprice, or discontinue (temporarily or permanently) the Services or any part thereof, with or without notice to you. You have the right to discontinue the use of the Services if you do not agree to such changes to the Services or the Terms made by us. Continued use of the Services shall be deemed as an acceptance of such changes.
Entire Agreement. These Terms constitute the whole legal agreement between you and the Company and govern your use of the Services and completely replace any prior agreements between you and the Company in relation to the Services.
Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out in the Terms. We reserve the right to withdraw linking permission without notice.
No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our Services. You should use your own virus protection software.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
Headings. The section headings used herein are for convenience only and shall not be given any legal import. Upon the Company¡¯s request, you will furnish the Company with any documentation, substantiation, or releases necessary to verify your compliance with the Terms.
Survival. You agree that the provisions of the Terms that by their nature should survive termination will survive any termination of these Terms.
Class Action Waiver. Any Claim must be brought in the respective party¡¯s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration. If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will 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. If for any reason a claim proceeds in court rather than in arbitration, you and the Company each waive any right to a jury trial.
Third-Party Services and Rights. We use third-party services to help us provide the Services, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Services. Some of these third-party websites may use Platform Materials under license from us. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Services. You hereby agree that we have the right to, when providing Services, place any type of commercial or non-commercial advertisement in any form or other types of commercial information (including, but not limited to, the placement of advertisements on any page of The Site); you also agree to receive promotional or other relevant commercial information from us via email, short message service (SMS) or other methods, to the extent permitted by applicable law. Nothing in the Terms shall be deemed to confer any third-party rights or benefits.
International Use and Export Control. The Terms may appear in different languages. If any discrepancy or inconsistency occurs between the versions of different languages, this English version shall always prevail. Downloading or using the software is at your sole risk. You hereby represent and warrant that (i) you are not located in a country that is subject to a Singapore government embargo, or that has been designated by the Singapore government as a “terrorist supporting” country; (ii) You are not listed on any Singapore government list of prohibited or restricted parties. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. Particularly, you may not use or otherwise export or re-export the Services and its components except as authorized by the United States (“U.S.”) law and the laws of the jurisdiction in which the Services were obtained. The software and applications comprise the Services may not be exported or re-exported into any U.S.-embargoed countries or to anyone on the U.S. Treasury Department¡¯s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By accessing and using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of the nuclear, missile, or chemical or biological weapons
Contact Us
You can reach us at [email protected]