Published on 25 February 2016
This Agreement is a legal agreement between you (hereinafter referred to as "You" or "Your") and Jiubang Digital Technology Co., Ltd, Guangzhou (hereinafter referred to as "Jiubang Digital") regarding your downloading, installation and use of Jiubang Digital's mobile software and related services.
YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS LICENSE AGREEMENT. Jiubang Digital has the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software or the official website. You understand and agree that if you continuously use the Software after the date on which these terms have changed, Jiubang Digital will treat your use as acceptance and compliance with the updated terms.
1 INTELLECTUAL PROPERTY POLICY
1.1 The Software is developed by Jiubang Digital independently. You acknowledge and agree that Jiubang Digital retains all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests with regard to this Software. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of People's Republic of China (hereinafter referred to as "PRC") and relevant international agreements and other intellectual property laws and regulations.
1.2 You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of Jiubang Digital (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so) and this Software. Jiubang Digital reserves the right to charge the tort liabilities.
1.3 You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the Software, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. Jiubang Digital reserves the right to charge the tort liabilities, unless you have been granted by Jiubang Digital, in writing.
2 SCOPE OF LICENSE
2.1 Jiubang Digital gives you non-exclusive, non-assignable license to download, install and use the Software. In no way can the users use it for commercial use.
2.2 You may not use the Software in a way that may lead to damage, suspension, overloading or quality reduction to the Software (or server and internet connected to the Software), or in the way that may affect the product and services provided to any other users.
2.3 You have precisely read and agree to the agreement and statements published by Jiubang Digital. You promise not to copy, grant a sub-license, share or sell the Software or related service. You are fully responsible for any fees created by or rising from own factors. Jiubang Digital does not assume any liability.
2.4 Rights reserved. Jiubang Digital reserves all rights not expressly granted to you. You are required to obtain additional consent to user other software.
3 NOTICE TO END USERS
3.1 You agree to use the Software in a manner permitted by this Agreement, and are solely responsible for any breach of your obligations under national laws and regulations, related policies, or this Agreement and for the consequences (including the lost and damages to the Software and any third-parties ) of any such breach. You have not right to conduct following behaviors (including but not limited to):
3.1.1 Delete copyright information, content on the Software or other copies
3.1.2 Reverse engineer, decompile or extract the source code of the Software
3.1.3 Conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account; enter public computer network or other's computer system to delete, modify, add stored information without permission; attempt to search, scan, test the Software system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the Software system or website normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package
3.1.4 Sell, rent, loan, deliver, transfer or sub-license the Software and services, or related links, or benefit from using the Software and the services, or barely benefit from the agreements, regardless of whether the use above brings direct economic gain or pecuniary gain
3.1.5 Use the Software and other services provided by Jiubang Digital in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement
3.1.6 Jiubang Digital reserves the right to terminate, fully or partially suspend, limit functional features of user's account, without prior notice, if the user has breached under the terms of this Agreement.
3.2 The software provides a charging lock screen to replace your original lock screen when you charge up your mobile. If you want your original lock screen back, you can cancel the charging lock screen by clicking on the button that is at the top right-hand corner of it.
3.3 Jiubang Digital does not assume any liability for any loss of profits or loss of data arising from the special, malicious, indirect or similar damages (but not limited to damages) due to your use of the Software.
5 LIMITATIONS OF LIABILITIES AND DISCLAIMER
5.1 You acknowledge and agree that the Software and related services may have potential risks like service interruption, failure to respond to users' requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall Jiubang Digital be liable for any risks stated above.
5.2 Jiubang Digital is not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
5.3 In view of business development and adjustment, Jiubang Digital reserves the right to amend or terminate services without prior notice to users at any time, and Jiubang Digital is not liable for users and any other third-parties when executing this right.
5.4 The software which is not officially released or authorized by Jiubang Digital and the derivative works of the Software are illegal. User's downloading, installation, and user this software may lead to unexpected risk. Jiubang Digital is not liable for any legal liabilities, issues arising from it.
5.5 You agree to the most extent under applicable law, Jiubang Digital owns other disclaimer rights not listed in this agreement.
5.6 Jiubang Digital assumes no liability or responsibility for any loss or damage arising from the use, edition, adaption or modification of the music or song maintained or kept by the user, or for any loss or consequence of posting or releasing of the music information to any other third-party websites or resources that are accessible via the Software.
6.1 You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.
6.2 Unless Jiubang Digital unilaterally terminates this Agreement or you terminate this agreement as above, this agreement and the terms (including the updated agreement following) will remain effective.
6.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. Jiubang Digital and any other third-parties have on need to send your additional notice.
6.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.
7.1 You agree that if Jiubang Digital does not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of Jiubang Digital's rights and Jiubang Digital has the right to continuously exercise or enforce the right or regulation.
7.2 Without written authorization from other side, user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
7.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
7.4 The validity and interpretation of this Agreement is applicable to laws of the People's Republic of China. If any provision in this Agreement conflicts with PRC Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both Jiubang Digital and users agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit settlement of lawsuits to competent court in Guangzhou where Jiubang Digital located.
7.5 Jiubang Digital reserves the final interpretation right on this Agreement.