i Music User Service Agreement

To use the Music service (hereinafter referred to as "this Service"), you shall read and comply with the Music User Agreement (hereinafter referred to as "this Agreement"), the Music Privacy Policy, and other relevant agreements and business rules. Please carefully read and fully understand all terms herein, especially the terms concerning the disclaimer or limitation of liability, and any other further agreements governing the activation and use of a particular service and choose either to accept or reject them. Please note that the terms concerning the disclaimer or limitation of liability may be highlighted in bold for your attention.

Unless you have read and accepted all terms herein, please stop using this Service immediately. Only after you choose to accept all terms herein can you sign in to this Service and view, download, post, and use information through this Service. If you do not accept any term in this Agreement, you shall refrain from or stop using this Service. Any operational prompts, guides, and instructions appearing during your use of this Service, or any rules or processes otherwise displayed to you in this Service shall constitute a part of the rules governing your use of this Service, and shall have the same effect as this Agreement.

If you are a minor under the age of 18, before using this Service, please be sure to read this Agreement in the company of your parent or legal guardian, and pay particular attention to the terms of use for minors. Please obtain prior consent from your parent or legal guardian, and use this Service in their presence.

I. Scope of this Agreement

This Agreement is entered into between you and Guangdong Tianchen Network Technology Co., Ltd. and/or its affiliates (hereinafter referred to as "Music") regarding your use of this Service.

II. Service Form

2.1. i Music Provision Form

2.1.1 You shall download, install, start, register for, sign in to, and use Music by using the method provided by vivo. If you access this Software or App or Service with the same name by using an unauthorized channel, means or method, Music cannot guarantee it will work properly, and shall not be responsible for any losses incurred to you.

2.1.2 You agree that this Software is used by you for only non-commercial purposes. This Software shall not be installed, used, or operated for commercial purposes.

2.1.3 To improve the user experience and service content, Music will continue to provide you with updates from time to time. These updates may include new releases, modifications, enhancements, and upgrades. After a new version is released, you can download it in time to ensure your user experience. After upgrading to and using the new version, if you use your account to add favorites, create playlists, purchase member services, etc. on an earlier version, such data will not be recorded. If you have performed the above actions, Music shall not be liable for data loss, invalid membership, or other losses caused when you return to the new version of Music.

2.1.4 Users understand and agree that the services Music provides to you may include services authorized by a legal rights holder. Due to restrictions on the time and scope authorized to us by the rights holder, Music may restrict the available regions, time, and terminal devices of our services. This may result in unavailability of the services in some areas, at certain times, or with different terminal devices. Such services include but are not limited to the services that are enabled and used in only the Chinese Mainland, excluding Hong Kong, Macao, and Taiwan. If you are located outside the Chinese Mainland or use networks/devices that are not provided in the Chinese Mainland, you may not use/obtain the services due to factors such as copyrights in these areas. Music shall not bear any responsibility if you are unable to enjoy relevant services due to the aforementioned factors or other reasons.

2.1.5 Users understand and agree that the services or content Music provides to users may be changed, discontinued, suspended, or terminated due to changes in laws and regulations or regulatory policies, requirements of the rights holder or copyright holder, requirements of law enforcement bodies or judicial authorities, or complaints from other third parties. Music has the right to temporarily or permanently take songs off the shelf, stop providing playback, download, cache, or paid services, or provide paid services with limits. Music shall not bear any responsibility if you are unable to enjoy relevant services or content due to the aforementioned factors or other reasons.

2.1.6 Unless other specified by laws or permitted by Music in writing, users are not allowed to perform the following operations. Otherwise, Music reserves the right to pursue legal responsibility according to law.

（1）Delete the copyright information about this Software and its copies.

（2）Attempt to derive the source code of this Software by methods such as reverse engineering, disassembling, and decompiling of this Software.

（3）Use, lease, lend, copy, modify, link to, reproduce, compile, publish, print, establish mirror websites for the content that Music has IP rights for, or develop derivative products, works, services, plug-ins, add-ons, compatibility, and interlinkage from this Software and its information.

（4）Copy, modify, add, delete, mount, or create any derivative works based on the data released to the memory of any devices and the data exchanged between the client and server during the running of this Software, as well as the system data required to run this Software, by using plug-ins, add-ons, or unauthorized third-party tools or services to access this Software and related systems.

（5）Add, delete, or change the functions or operating performance of this Software by modifying or falsifying instructions or data during its running; or operate this Software and distribute the modification methods for commercial or non-commercial purposes.

（6）Sign in to or use this Service through third-party software, plug-ins, add-ons, or systems that are not developed or authorized by Music, or make, publish, or disseminate the aforementioned tools.

（7）Conduct any act that jeopardizes network security of computers, including but not limited to: using unauthorized data or accessing unauthorized server/account; accessing public computer networks or third-party computer systems without authorization and deleting, modifying, or adding storage information; attempting to detect, scan, or test network vulnerabilities of this software system or network, or performing other acts to destroy network security; attempting to disturb or destroy the normal running of this software system or website, deliberately spreading malicious programs or viruses, or conducting acts that destroy or disturb normal network information services; falsifying TCP/IP packet names or parts of names.

（8）Add, delete, or change the functions or operating performance of this Software by modifying or falsifying instructions, data, or data packages during its running; and disseminate the aforesaid software to the public through information networks or operate the aforesaid software.

（9）Commit any other act that is not authorized explicitly.

2.2 i Music Payment Form

2.2.1 i Some services in this Service are provided on a paid basis. If you use any paid service, please comply with relevant terms. If you do not agree with the terms, stop using the services.

2.2.2 i Music may modify or change the charging standard and method for paid services based on actual needs. Music may also charge for services that were originally free.

2.3 i Ad Form

2.3.1 Users agree that Music can send or authorize third-party advertisers to send ads, promotions, or publicity information (including commercial and non-commercial messages) during the service provision period, and the ad methods and scope may change without special notice.

2.3.2. i Music provides users with the option to disable ad information. However, under no circumstances may users block or filter ad information in any means unless expressly stipulated in this Agreement or with written consent from Music.

2.3.3 i Music shall perform relevant obligations for advertisers in accordance with law. Users shall acknowledge and agree that such advertisers and ad content are not controlled by Music, and users shall judge the authenticity of ad information at their own discretion and be responsible for their own judgment. Unless otherwise stipulated by law, Music shall not be responsible for any losses or damages incurred to users due to the transactions they make based on such ad information or the content provided by the aforementioned advertisers.

2.4 Third-party Products and Services

2.4.1 This Service may contain products or services provided by third parties such as Shenzhen Ultimate Music Culture Co., Ltd. When you want to use such products or services, you may be presented with other relevant terms or rules, which you shall carefully read and comply with.

2.4.2 You understand and agree that to improve your user experience, third parties may access or use your personal information such as nickname, profile picture, and operations that you perform during use of the third-party services.

2.4.3 If any dispute arises from the use of third-party products or services, contact the third party. Music does not bear any responsibilities but can provide required assistance in accordance with law.

2.5 User Code of Conduct

2.5.1 When using the Music service, users must comply with the relevant laws and regulations of China, the laws and regulations of other relevant countries and regions, and the relevant provisions of international law, and shall not engage in the following acts:

（1）Publish, transmit, disseminate, store content that violates national laws of China, endangers national security and unity, divulges national secrets, subverts national power, sabotages national unity, destroys national honor and interests, incites ethnic hatred and ethnic discrimination, undermines national religious policies, advocates heresy and feudal superstition, destabilizes society, undermines public order and social morality, violates relevant regulations of National Radio and Television Administration, as well as content that is insulting, defamatory, obscene, gambling, violent, and advocates terrorism and extremist or other offensive content, including but not limited to news, materials, text, software, music, photographs, graphics, information or other materials.

（2）Do harm to minors in any way, or induce minors to commit crimes.

（3）Provide any program or tool that is used for network intrusion, disturbance of the normal functions of and protective measures for networks, theft of network data, or other activities that compromise network security; or provide technical support, ad promotion, and payment settlement for other people who are engaged in activities that compromise network security.

（4）Publish, transmit, disseminate, or store content that infringes upon the legitimate rights and interests of others such as right of reputation, right of privacy, right of portrait, intellectual property rights and trade secrets.

（5）Use this Service to build websites and communication groups for defrauding, teaching criminal methods, making or selling prohibited items and controlled items and other illegal and criminal activities, or use the Music network to publish information related to defrauding, making or selling of prohibited items and controlled items and information about other illegal and criminal activities.

（6）Obtain and use any audio and video materials that infringe upon intellectual property rights, commercial secrets or other legal rights and interests of any third party through this Software.

（7）Disturb or destroy Music or servers and networks connected to Music.

（8）Produce, release, and disseminate software used to steal accounts and exclusive information, property, and confidential information of others.

（9）Sell, rent, lend, distribute, transfer or sublicense this Software and this Service or related links without the express written authorization of Music; or profit from the use of this Software and this Service or the terms of this Software and this Service, regardless whether such profit is direct economic or pecuniary gain or not.

（10）Use this Software and any music resources in the music content resource library of this Service for commercial purposes or for profit-making activities, without authorization of Music.

（11）Fabricate facts and conceal the truth in order to mislead and deceive others.

（12）Publish, transmit, and disseminate spam.

（13）Use this Software and this Service in any other illegal way, for any illegal purpose, or in any way inconsistent with this Agreement.

（14）Engage in other acts that violate laws and regulations, policies, public order, good customs, and social morality.

2.5.2 When users use the Music service, they shall strictly abide by the aforesaid agreement. Losses incurred by the users, the Music service or other third parties arising from the use of the Music service in violation of the aforesaid agreement shall be borne by the users. In addition, users shall judge the authenticity, legality and validity of the content by themselves, and bear all the consequences and responsibilities that may arise from the use of such content.

2.5.3 Unless a special agreement is signed or licensed by Music, the text, symbols, audio, video and other content (including but not limited to the above titles and introductions) produced, uploaded, published, and disseminated by users using the Music products and/or services must not contain ad information, inappropriate information or bad information.

2.5.4 Users shall not produce, copy, upload, or publish bad information that contains the following content:

1. Titles that are exaggerated and do not comply with their content.

2. Gossips, scandals, bad deeds, etc.

3. Improper comment on natural disasters, major accidents and other disasters.

4. Sexual hints, sexual provocations, etc., which are likely to make people have sexual associations.

5. Blood, horror, cruelty, etc. that cause physical and mental discomfort.

6. Content that incites crowd discrimination, regional discrimination, etc.

7. Vulgar or kitsch content.

8. Content that may cause minors to imitate unsafe behaviors and behaviors that violate social morality, induce minors to have bad habits.

9. Other content that causes adverse impact on the network ecology.

2.5.5 i Music provides a convenient complaint and report portal or announces the complaint and report method, and promptly accepts and handles public complaints and reports and announces the handling results.

 

III. Terms of Use for Minors

3.1 Minor users lack social experience and are easily confused by the internet. They also show strong curiosity and lack the ability to deal with emergencies and protect themselves. Therefore, they are easily exploited by people with ulterior motives. When using this Service, minors shall pay attention to the following items to enhance their awareness of safety and better protect themselves:

（1）Recognize the difference between the online world and the real world, and avoid being addicted to the internet, which will affect your daily study life.

（2）Avoid disclosing personal information carelessly and enhance the awareness of personal protection to avoid harassment in your personal life.

（3）Learn how to use the internet properly under the guidance of guardians or teachers.

（4）Do not meet random internet users or participate in social activities to avoid being exposed to potential criminals and safety risks.

（5）Use this Service in the presence of parents or guardians.

3.2 Guardians and schools should provide more guidance for minors regarding their use of this Service. In particular, parents should care about the growth of minors, communicate with them, and guide them on the security issues they should pay attention to when surfing the internet.

IV. Personal Information and Privacy Protection

4.1. Protecting users' personal information and privacy is a basic principle of Music. When users are using Music, Music encrypts, stores, and transmits user-related information using methods that comply with national standards for password management, and uses various security technologies and procedures to establish a management system to protect user privacy information. This prevents unauthorized access, use or disclosure of the information. Music may also use technical means to collect and analyze the users' behavior and habit information when they use this Service. No matter which method Music uses, Music respects and protects users' privacy. Music will process and protect your personal information in accordance with the published Music Privacy Policy. Music hopes that you can carefully read and fully understand the full text of Music Privacy Policy, and follow the guideline in Music Privacy Policy to make choices as appropriate if necessary.

4.2. You shall carefully read and fully understand Music Privacy Policy before you use the Music products and/or services. If you do not agree with the content of the policy, the Music products and/or services may fail to operate normally or fail to achieve the service effect as it is expected to be. By using or continuing to use the Music products and/or services, you fully understand and agree to the entire content of Music Privacy Policy (including updated versions).

4.3. In accordance with the principle of "real name verification compulsory in the background and optional in the foreground" stipulated by national laws and regulations, Music will authenticate users' identity information based on mobile phone numbers or by using other methods. If the information you fill in is incomplete, you will not be able to use this Service or be restricted during use.

4.4. Unless required by the judiciary authorities or other competent authorities according to law, Music will not disclose, change or use users' privacy information without their consent. If users reckon that Music uses such privacy information in violation of the aforementioned regulation, they shall contact Music immediately. Music will verify and deal with the issue in time.

4.5. i Music will create a full-time position to take charge of personal information protection or a personal information protection agency to specifically manage users' personal information. In addition, Music will use the system to record personal information processing activities and monitor the procedure of recording the personal information processing activities. In order to ensure the security of your personal information, we use various security protection measures to protect your information within a reasonable security level and prevent unauthorized access, use, disclosure, modification, damage or loss of the information. For example, we use encryption, anonymization and other technologies to protect your personal information.

4.6. i For more information about Music privacy policy, see Music Privacy Policy.

V. Disclaimer

5.1 Users understand and acknowledge that Music products and/or services are provided according to the status quo that can be achieved based on existing technologies and conditions. Music cannot guarantee that the products and/or services it provides are flawless, and Music does not make any express or implied promises or guarantees for the products and/or services (including technologies and information) it provides, regarding the aspects including but not limited to quality, stability, correctness, timeliness, completeness, coherence, and safety. However, Music promises to continuously improve service quality and service level to provide users with better services.

5.2 Users understand and agree that during use of this Service, it may be interrupted by force majeure events. Force majeure events refer to objective events that cannot be foreseen, overcome, or avoided and have significant impact on either or both Parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, and storms and social events such as wars, turmoil, and governmental acts. When any of the aforementioned events occurs, Music will try its best to cooperate with relevant organizations without undue delay to restore this Service in a timely manner. To the extent permitted by law, Music shall be excused from the losses thus incurred.

5.3 In order to improve user experience, ensure the security of products and services and the consistency of product functions, Music may update the software. You shall update the software to the latest version. Otherwise, Music does not guarantee that it will work normally.

5.4 Music does not guarantee that Music related software downloaded or obtained from third-party channels is free of computer viruses and does not contain disguised Trojan horse programs and other hacker software. Music does not bear all direct or indirect losses suffered by users therefrom.

5.5 Users understand and agree that Music has the right to modify or discontinue, suspend or terminate the Music service to meet the needs of the overall operation or to make business changes, adjustments and technical changes at its own discretion, without the need to be responsible for the users or third parties or hold liability for compensation, unless otherwise stipulated by law or otherwise agreed by the parties.

5.6 To the extent permitted by law, Music will not be responsible for service interruptions or obstructions in any of the following situations:

（1）Your software, hardware, or system is incompatible with this Service.

（2）The hardware, software, or system of your PC malfunctions, or the communication between your device and our network fails, including but not limited to system instability, network interruption, hacker attack, and system shutdown.

（3）You have performed inappropriate operations.

（4）You have used this Service in a manner not authorized by us.

5.7 You understand and agree that during your use of this Service, you may encounter risks arising from network information or other users' behavior. Music reminds you to pay attention to the authenticity, applicability, and legality of different network information, and identify the risks before they can cause harm to you. Such risks include but are not limited to:

（1）Messages containing threatening, defamatory, offensive, or unlawful content from others, either anonymously or by impersonation;

（2）Suffering of any psychological or physical injury or financial loss resulting from or likely to result from being misled, deceived, or otherwise while using this Service;

（3）Other risks arising from network information or user behavior;

（4）Links to third-party content or information.

5.8 i Music only assumes the direct responsibility expressly stipulated in this Agreement. Music shall not be liable for any special, indirect, punitive, incidental, consequential damage, or any other damages (including but not limited to loss of profits or benefits, business interruption, loss of data) arising from any cause whatsoever, whether foreseeable or not and regardless of the form of act.

VI. Intellectual Property Rights Protection and Statement

6.1 Protected by international copyright conventions, the Copyright Law and Patent Law of the People's Republic of China, and other intellectual property laws and regulations, Music products and/or services and the software, GUIs, interaction elements, logo, trademarks, marks, graphics, words, texts, sounds, audios, videos, portraits, pictures, technologies, and materials are owned and enjoyed by Music. Music is the intellectual property right holder of this Software, and enjoys all intellectual property rights related to this Software, such as copyright, trademark right, patent right, and trade secret, except for the rights that the relevant right holders shall enjoy according to the law.

6.2 Users shall not delete, cover up or change Music's copyright statement, trademark or other rights statement without authorization. All designs and other images of Music, product and service names are trademarks and logos owned by Music and/or its affiliates. No one may use, copy or use them for other purposes.

6.3 Without written consent of Music, users shall not implement, exploit, or transfer any of the aforesaid intellectual property rights, or permit any third party to do so, either for commercial or non-commercial purposes. The intellectual property rights owned and enjoyed by Music shall not be transferred due to any behavior of users.

6.4 Any disputes arising from the third-party software or technology used in this Software shall be resolved by the third party, and Music shall assume no responsibility hereof. Music does not provide customer service support for any third-party software or technology. If you need any support, please contact the third party.

VII. Compliance with Local Applicable Laws and Regulations

7.1 You shall comply with local applicable laws and regulations and respect local ethics and customs when you are using this Service. If your act violates any local laws and regulations or ethics and customs, you shall be independently liable.

VIII. Liability for Breach of This Agreement

8.1 If Music discovers any violation of this Agreement or receives any report or complaint of such violation, Music has the right to delete or block the relevant content at any time without prior notice, and will warn the user concerned, or restrict or prohibit the user from using part or all of the functions of the software according to the severity of the violation.

8.2 i Pursuant to this Agreement, Music has the right to deal with illegal or non-conforming content. This right does not constitute an obligation or warranty that Music will identify all illegal actions or handle such actions in a timely manner.

8.3 Users understand and agree that Music has the right to impose penalties for violations of applicable laws, regulations, or the terms of this Agreement, which we can determine on a rational basis at our own discretion, take appropriate legal actions against any user violating laws and regulations, and retain and report relevant information to competent authorities in accordance with laws and regulations. You shall solely bear all the legal responsibilities thus incurred.

8.4 Users understand and agree that they shall conform to all Music regulations and procedures. Users shall be held legally responsible for the behaviors during the use of Music. Users shall be solely responsible and liable for any third-party claims, requests, or losses as a result of their violation of this Agreement or related service terms. The form in which the user assumes legal responsibility includes but is not limited to compensation for the infringed party, as well as providing Music with compensation equal to the amount first paid by Music for assuming the liability for administrative penalty or infringement damages caused by the user's actions. The losses suffered by Music shall also be indemnified by the user (including but not limited to compensation for property damage, compensation for reputation damage, attorney fees, transportation expenses and other reasonable expenses arising from rights protection).

IX. Validation and Termination of This Agreement

9.1 i Music shall have the right to amend the terms under this Agreement where necessary. Users can find the latest version of this Agreement on the page for relevant services.

9.2 After the terms of this Agreement are changed, we will remind you of the amended Agreement and obtain your consent again. If you do not agree with the amended Agreement, stop using the Software or Service provided by Music.

9.3 Users agree that Music may update the service content, or discontinue, suspend, or terminate all or part of the services. Music shall not be liable for breach of this Agreement.

9.4 i Music recommends that users can take legal means to save the content and data they need. If the services are terminated, Music has the right to permanently delete your data from the server. Music has no obligation to return your data in the event of such termination.

X. Others

10.1 The establishment, effectiveness, enforcement, interpretation, and dispute settlement of this Agreement shall be governed by the laws of the Chinese Mainland, without regard to conflict of laws.

10.2 Any dispute or controversy arising between a user and Music shall be settled through friendly consultation. If consultation fails, the user agrees to submit such dispute or controversy for jurisdiction to the Dongguan No. 2 People's Court.

10.3 If any term of this agreement for whatever reason becomes invalid or unenforceable, the remaining terms shall remain valid and binding to both parties.

10.4 Unless otherwise proven, the data stored by Music on its server is the only valid evidence for your use of Music software or services.

10.5 This Agreement is effective as of the date of publication and constitutes an understanding between you and Music. If Music does not exercise, fail to promptly exercise, or fail to fully exercise rights in accordance with this Agreement or the requirements of laws, it shall not be deemed as a waiver of such rights and shall not affect the exercise of the rights in the future.

10.6 The content of this Agreement also includes the vivo Account User Agreement (link: https://usrsys-pro.vivo.com.cn/pro/webreg/default/reg_web_zh_CN.html) and relevant agreements, business rules, and other content regarding this Service that Music may publish from time to time. Such content, once officially published, shall constitute an integral part of this Agreement and are binding upon you. In case of any conflict between this Agreement and such agreements or rules, this Agreement shall prevail. Your acceptance of any of the aforementioned business rules and agreements shall be deemed as your acceptance of this Agreement in its entirety.

10.7 This Agreement was last updated on August 29, 2023.