Effective Date: [2023-07-14]
Please read these Terms of Use ("Terms") carefully before using the YoYoSound website, located at www.yoyosound.com (the "Website"). These Terms govern your access to and use of the Website and any services provided by YoYoSound. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Website.
1.1. Eligibility
You must be at least 13 years old to use the Website. By using the Website, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into these Terms.
1.2. License
YoYoSound grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal and non-commercial purposes. This license is subject to your compliance with these Terms.
1.3. User Account
To access certain features of the Website, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information when creating your account and to promptly update any changes.
1.4. Prohibited Conduct
When using the Website, you agree not to:
a) Violate any applicable laws, regulations, or third-party rights;
b) Engage in any fraudulent, abusive, or unlawful activity;
c) Impersonate or misrepresent your affiliation with any person or entity;
d) Interfere with or disrupt the operation of the Website or its servers;
e) Attempt to gain unauthorized access to the Website or its systems;
f) Use any automated means, such as bots or scrapers, to access or interact with the Website;
g) Upload or distribute any content that is unlawful, infringing, harmful, or offensive.
2.1. User Content
You may have the opportunity to upload, submit, or post content to the Website, including but not limited to comments, reviews, and music tracks (collectively, "User Content"). By uploading User Content, you grant YoYoSound a non-exclusive, worldwide, royalty-free, and sublicensable right to use, reproduce, modify, adapt, publish, distribute, and display your User Content for the purposes of providing and promoting the Website.
2.2. Copyright and Trademarks
The Website, including its content, features, and design, is owned by YoYoSound and protected by copyright, trademark, and other intellectual property laws. You may not modify, reproduce, distribute, or create derivative works of the Website without the prior written consent of YoYoSound or the respective rights holders.
2.3. Copyright Infringement
YoYoSound respects the intellectual property rights of others. If you believe that your copyrighted work has been infringed upon, please contact us and provide the following information: (a) a description of the copyrighted work; (b) the location of the infringing material on the Website; (c) your contact information; (d) a statement that you have a good faith belief that the use is not authorized by the copyright owner; and (e) a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
The Website may contain links to third-party websites or resources that are not owned or controlled by YoYoSound. YoYoSound has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By accessing third-party links or content, you do so at your own risk and you agree that YoYoSound shall not be liable for any loss or damage arising from your use of such links or content.
The Website is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. YoYoSound does not warrant that the Website will be error-free, uninterrupted, or free of viruses or other harmful components. YoYoSound disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the fullest extent permitted by applicable law, YoYoSound shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if YoYoSound has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless YoYoSound, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website or any violation of these Terms.
YoYoSound reserves the right to modify, suspend, or terminate the Website or any part thereof, at any time and without prior notice. YoYoSound may also modify these Terms at its discretion. By continuing to use the Website after any modifications to these Terms, you accept and agree to be bound by the updated Terms.
These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Pudong New Area, Shanghai, China.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms constitute the entire agreement between you and YoYoSound regarding your use of the Website, superseding any prior agreements or understandings.
If you have any questions, concerns, or requests regarding these Terms, please contact us at [email protected].
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.