APP User Service Agreement
Welcome to use APP service!
In order to use the APP Service, you should read and comply with the APP User Service Agreement ("Agreement"). Please be sure to read and fully understand the terms and conditions, especially the corresponding terms that exclude or limit liability. Restrictions or exclusions of liability may be written in bold for your attention.
You are not authorized to use the APP Service ("Service") unless you have read and accepted all of the terms of this Agreement. You are deemed to have read and agreed to be bound by this Agreement by any purchase, registration, viewing, or other use of the Service.
1 Terms of Acceptance
APP provides you with the following terms of service. These terms may be updated by APP at any time and without notice. In the event of changes to this Agreement, APP will post the changes on its website. Once the modified Agreement is posted on the website, it will replace the original APP User Service Agreement. In addition, when you use an APP specific service, you and APP shall comply with the guidelines and rules relating to such services as published by APP from time to time. All of the foregoing guidelines and rules shall form part of this Agreement.
You should read this Agreement carefully before using the services provided by APP. If you do not agree with this Agreement and/or any modifications to it, please stop using all the services provided by APP immediately; once you use APP services, you are deemed to have understood and fully agreed to the contents of this Agreement, including any modifications to this Agreement made by APP from time to time, and become a user of APP (hereinafter referred to as "User").
2 Service Description
The APP currently only provides users with the service of answering machine (which can save and replay recordings) and playing tracks (the APP only provides users with the program to play their own uploaded tracks) , users can use this APP to make recordings and save and upload their works, upload pictures, and post comments. Unless otherwise expressly provided in this Agreement, any new features added to or enhanced by the current service, including but not limited to new products introduced, are governed by this Agreement. You understand and agree that the service is provided on an "as is" basis and that APP shall not be responsible for any expiration, deletion, delivery error, failure to store, or any other problems with any user information or personalization, and APP reserves the right to suspend any part of the Service without prior notice for maintenance, upgrade, or other purposes without liability.
3 Your Registration Obligations
In order to use the full functions of the service, you agree to the following: fill in the correct mobile phone number, password and user name in accordance with the service registration instructions, and ensure the validity and legality of the mobile phone number, user name, profile picture and other information updated in the future. If you provide any information that is illegal, immoral or inappropriate for display on APP; or APP has reason to suspect that your information is procedural or malicious, APP has the right to suspend or terminate your account and refuse your use of all or any part of the service now and in the future.
APP shall not be responsible for any registration data of any user, including but not limited to the responsibility of identifying and verifying the authenticity, accuracy, completeness, suitability and/or up-to-dateness of any registration data.
4 User Account, Password and Security
After completing the registration process and successfully registering, you may use your phone number and password to log in to your account on the App ("Account"). It is your responsibility to protect the security of your Account.
You are fully responsible for all activities that occur under your password and account. You agree that:
1）You will immediately notify APP of any unauthorized use of your APP Account, or any other security issue.
2）APP shall not be responsible for any loss or damage arising from your failure to keep your account and password.
3）Each user is solely responsible for all actions and events in his account. You will be fully responsible for any damage to you, APP or any third party caused by your failure to keep your account and password secure.
5 Data Attribution
5.1 User Data. It refers to the data related to the user generated by the user receiving APP services. User data includes user personal data such as user's real name, ID number, credit card, address, landline number, cell phone number, email or other identity information, user behavior data such as data formed by user's operation behavior and various transaction data, etc. The ownership of "user's personal data" and other related rights belong to the user, and the ownership of "user's behavioral data" and other related rights belong to APP, and are the trade secrets of APP.
5.2 APP's operation data. It refers to the relevant information generated by the user's acceptance of the service, including but not limited to the data submitted by the user such as text, pictures and information, the data formed by the user's operation behavior and various transaction data. The ownership of "APP's operation data" and other related rights belong to APP and are APP's trade secrets, except for the related rights that belong to users according to law
6 About Notification
6.1 APP may deliver various rules, notices, reminders and other information about the Service to the User by one or more of the following means: webpage announcement, webpage prompt, email, cell phone SMS, regular mail delivery, and in-station messages sent within the management system of the user's registered service account. Once such information is announced or sent by APP in any of the aforementioned ways, it shall be deemed that the User has accepted and agreed to it. If the user does not accept, the user shall notify APP in writing, otherwise the user shall be deemed to have accepted and agreed.
6.2 If the user does not receive the relevant rules, notices, tips and other information due to the incorrect information provided by the user such as email address, cell phone number, address, etc., the user shall still be deemed to have received the relevant information and be bound by it, and all consequences and responsibilities shall be borne by the user.
6.3 If the user needs to notify APP of any matters, the user shall notify APP in writing in accordance with the contact method formally announced by the Service to the public.
The registration information you provide and certain other information about you retained by APP will be governed by the laws relating to privacy and our Privacy Statement.
8 Responsibility of the Provider
In accordance with relevant laws and regulations, APP hereby solemnly draws your attention to the fact that any text, information, data, music, photos, images, video or other materials ("Content") posted or uploaded via the Service, whether in public or in private, is the responsibility of the Content provider. APP only provides storage space for Content and has no control over the Content delivered through the Service and therefore does not guarantee the legality, accuracy, integrity or quality of the Content. You are advised that by using the service, you may be exposed to Content that is offensive, inappropriate or objectionable. In no event shall APP be responsible for any Content, but APP shall have the right to stop transmission of any such Content and to take appropriate action, including but not limited to suspending users' use of the service, in whole or in part, keeping records thereof, and reporting them to the relevant authorities.
If the user uses other music, track or photo information to record and upload after recording, the user needs to confirm that he/she has the corresponding right to use the music, track or photo information or obtain the corresponding authorization, otherwise the APP may delete the content you uploaded.
9 User Conduct
9.1 User agrees that he/she will not use the Service for any illegal or improper activities, including but not limited to the following:
1）posting or otherwise transmitting information containing one of the following: endangering national security, revealing state secrets, subverting state power, or undermining national unity;
damaging national honor and interests;
inciting ethnic hatred, ethnic discrimination, or disrupting national unity;
undermining national religious policies and promoting cults and feudal superstitions;
disseminating rumors, disrupting social order and destabilizing society;
disseminating obscenity, pornography, gambling, violence, murder, terrorism, or abetting crime;
insulting or defaming others and infringing on their legal rights;
containing false, fraudulent, harmful, threatening, invasion of privacy, harassment, infringement, vilification, vulgarity, obscenity, or other morally objectionable content;
containing other content that is restricted or prohibited by laws, regulations, rules, ordinances, and any norms having the force of law;
containing content that APP considers inappropriate for display in APP;
2） endangering the legal rights of others in any way;
3） impersonating any other person or organization, or making false statements or misrepresentations concerning any person or organization;
4） publishing, sending by e-mail or otherwise transmitting any content which is known to him by any law or contract or legal relationship (such as internal information, exclusive and confidential information obtained by reason of employment or under a confidentiality agreement) and which is not entitled to be transmitted;
5） publishing or otherwise transmitting content that infringes the copyright, patent, trademark, trade secret, or other proprietary rights of others ("Proprietary Rights");
6）publishing, distributing or otherwise transmitting any advertising letter, promotional material, "junk mail" , "spam" , "chain mail" , "direct marketing" or any other form of solicitation;
7）distributing, sending or otherwise transmitting any information designed to interfere with, destroy or limit the functionality of any computer software, hardware or communications equipment, including but not limited to trojan horses, worms, time bombs, cancelbots ("viruses"), or other computer code, files and programs;
8）interfering with or disrupting the Service or servers and networks connected to the Service, or violate any rules, procedures, policies or regulations governing networks connected to the Service;
9）stalking, manhunting or other forms of harassment;
10）wilfully or unintentionally violating any applicable local or national law and any rule of law;
11）intercepting, tampering with, collecting, storing or deleting personal information, e-mail or other data of others without legal authorization, or using such material for any unlawful or improper purpose.
9.2 You acknowledge that APP does not have full control over the use of the User and you agree to judge and assume all risks when using any content, including reliance on the correctness, completeness, or usefulness of the content described above, instead of relying on APP, but APP reserves the right, in its sole discretion, to reject and/or remove Content that may be provided through the Service in violation of this Agreement or otherwise violate any Content that violates any provision of law.
9.3 You understand and agree that APP may preserve or disclose Content if it is required to do so by law or regulation, or if it determines in good faith that such preservation or disclosure is necessary in order to:
1）comply with legal process
2）enforce this Agreement
3）respond to claims of rights made by any third party
4）protect the rights, property or personal safety of APP, its users and the public
5）any other circumstances APP deems necessary
10 Special Warning for International Use
You understand the borderless nature of the international Internet and agree to comply with all local laws and regulations regarding online conduct and content. In particular, you agree to comply with all applicable laws and regulations regarding the transmission of information exported from your country or region.
11 Public Information Published in the APP
1）In this Agreement, "public use area of the Service" means the area available to the general public.
2）The user shall guarantee that the content uploaded or posted by the user in APP is copyrighted or has been legally authorized and that the content will not infringe upon the legal rights of any third party, and the user agrees to grant APP a worldwide free, irrevocable, perpetual, sublicenseable and exclusive license to use all of the aforementioned content, under which APP shall have the right to use the aforementioned content by reproduction, broadcast, compilation, network transmission and other means not prohibited by law.
For any claim by any third party arising out of, or resulting from, the content that you provide, distribute or transmit through this service, your connection to this service, your breach of this agreement, or any infringement of any rights by you, including but not limited to attorney fees, you agree to indemnify and protect APP and its subsidiaries, affiliates, officials, agents, co-branders or other partners and employees from damages, and assume full legal responsibility for the consequences.
13 General Measures for Use and Storage
1）You agree not to reproduce, copy, sell, resell or use for any other commercial purposes any portion of the Service or Content used or obtained through the Service.
2）You acknowledge and accept that APP reserves the right to establish general measures and restrictions on the use of the Service, including but not limited to, the maximum period of time that the Service will retain posted Content or other posted Content and the maximum number of times you may use the Service (and the maximum duration of each use) in a period of time. You agree that APP shall not be liable for the deletion or failure to store any information, communications and other content posted or transmitted through the Service. You also agree that APP reserves the right to change these general measures and limits at any time in its sole discretion, with or without notice.
APP reserves the right to modify or discontinue the Service (or any part thereof) at any time, temporarily or permanently, with or without notice to you. You agree that APP shall not be liable to you or to any third party for any modification, suspension or termination of the Service.
15.1 You agree that APP may, in its sole discretion, terminate your account or use of the Service (or any part of the Service) and remove and delete any of your Content from the Service for any reason, including, but not limited to, lack of use, or if APP believes that you have breached this Agreement. You agree that the Service provided under any provision of this Agreement may be discontinued or terminated without prior notice, and you acknowledge and agree that APP may immediately close or delete your account and all related information and files in your account and/or prohibit further use of the foregoing files or the Service. In addition, you agree that APP shall not be liable to you or any third party for any interruption or termination of use of the Service or for the closure or deletion of your account and related information and files.
15.2 APP reserves the right to terminate the Service to a user at any time if the user notifies APP that he/she does not accept this Agreement or any modification to it.
15.3 APP shall have the right to terminate the Agreement at any time if the User is unable to continue to use the Service or APP is unable to provide the Service due to force majeure factors.
15.4 APP shall have the right to terminate the provision of the Service to the Subscriber at any time upon the occurrence or fulfillment of any other conditions of termination as set out in this Agreement.
15.5 After APP has terminated the provision of the Service to the Subscriber in accordance with this Agreement due to the Subscriber's breach of this Agreement. APP shall have the right to unilaterally terminate the provision of the Service, if the Subscriber subsequently uses the Service directly or indirectly, or registers in the name of another person.
15.6 If this Agreement or the Service is terminated for any reason, APP may retain or delete all information in the User's account or any information stored by the User in APP's server as a result of the use of the Service, including any information that has not been completed by the User prior to the termination of the Service.
16 Transactions with Advertisers and Other Third Parties
Your dealings with advertisers and other third parties through the Site in any form of communication or commercial dealings or participation in promotions, including payment and delivery of related goods or services, and any other related terms, conditions, warranties or representations entered into, are solely between you and the advertisers and other third parties. APP shall not be liable for any loss or damage of any nature whatsoever suffered by you as a result of any of the foregoing transactions or the foregoing advertisers and other third parties.
17 Exclusive Rights of the APP
You understand and agree that the Service and the software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You also understand and agree that content contained in sponsored advertisements or information presented to you through the Service or by advertisers is also protected by copyright, trademark, service mark, patent or other proprietary rights under the law. You may not modify, rent, loan, sell, distribute or create derivative works based on the Service or the Software in whole or in part, or use the Software without express authority from the APP or advertisers, including, but not limited to, making unauthorized use of the Service. APP grants you a personal, non-transferable and non-exclusive right to use the Software only, provided that you do not (and do not permit any third party) to copy, modify, create derivative works of, reverse engineer, reverse compile, or otherwise discover/use the source code, or sell, assign, sublicense or provide warranties for the creation of the Software, or otherwise transfer any rights in the Software. You agree that you will use the Service through the interface provided by the APP and not in any other way.
18 Warranties and guarantees
You expressly understand and agree that.
1）Nothing in this Agreement shall exclude any liability of APP for personal injury to you or for damage to your property caused by intent or gross negligence.
2）Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis and APP makes no warranties or guarantees, express or implied, including, but not limited to, warranties or guarantees of merchantability, fitness for a particular purpose and non-infringement of the rights of others, with respect to the Service.
3） APP does not warrant that.
* The Service will meet your requirements.
* The Service will be uninterrupted, timely, secure or error-free.
* The results obtained through the Service will be accurate and reliable.
* Any products, services, information or other information purchased or obtained by you through the Service will meet your expectations.
4）Whether or not to use the Service to download or obtain any information shall be at your own consideration and risk, and any damage to your computer/mobile phone system or loss of data resulting from the download of any information shall be at your own risk.
5）Any advice or information obtained by you from the APP or through the Service, whether in writing or orally, shall not constitute any warranty other than this Agreement, except as expressly provided in this Agreement.
19 Limitations of Liability
You expressly understand and agree that APP shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, goodwill, use, data or other intangible losses, arising out of the reasons below.
1）The use or inability to use the Service.
2）The cost of replacing any goods, materials, information, services, messages received, or transactions entered into from or through the Service.
3）Unauthorised access to or alteration of your transmissions or data.
4）Statements or conduct of any third party in connection with the Service.
5）Other matters relating to the Service, except as expressly provided in this Agreement.
6）APP shall not be liable for any fraudulent information posted or delivered by third parties in any way, or for inducing the user to suffer financial loss.
7）The user understands and agrees that due to the special nature of online services, APP has the right to change or terminate part or all of the services at any time without notice to the user in accordance with the overall operating conditions of APP or relevant operating regulations and rules, etc. If this causes loss to the user, the user agrees to waive the responsibility of pursuing APP.
8）The user understands and agrees that in order to provide better services to the user, APP has the right to regularly or irregularly carry out maintenance, repair, upgrade, etc. on the relevant equipment, which may cause interruption or suspension of the relevant services within a reasonable period of time. If this causes loss to the user, the user agrees to give up pursuing APP's responsibility.
9）The user understands and agrees that the services of APP are provided in accordance with the existing technology and conditions, and that APP will do its best to provide the services to the user to ensure the continuity and security of the services. However, APP cannot guarantee that the services provided by APP are free from defects and cannot always foresee and prevent legal, technical and other risks, including but not limited to force majeure, viruses, Trojan horses, hacker attacks, system instability, third party service defects, etc. Therefore, the user also agrees that even if there are defects in the services provided by APP, the said defects are unavoidable by the technical level of the industry at that time and will not be regarded as a breach of contract by APP, and at the same time, the user agrees to waive the responsibility of APP for any loss caused to the user such as loss of data or information.
10）The user understands and agrees that in the course of using the service, there may be force majeure and other risk factors that may cause interruption of the service. Force majeure refers to objective events which cannot be foreseen, overcome or avoided and which have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemics and storms, as well as social events such as war, unrest and government actions. In the above event, APP will endeavour to cooperate with the relevant organisations in the first instance to make timely repairs. If this causes losses to the user, the user agrees to waive the right to pursue APP's responsibility.
11）The user understands and agrees that if the service is interrupted or disrupted due to any of the following circumstances, resulting in losses to the user, the user agrees to waive the right to pursue APP's responsibility: 1 Damage by computer viruses, Trojan horses or other malicious programs or hacking attacks; 2 Failure of the user or APP's computer software, system, hardware and communication lines; 3 Improper operation by the user; 4 The user using the service by means other than those authorised by APP; 5 Other circumstances that cannot reasonably foresee.
APP and other APP registered trademarks, logos and product and service names are trademarks of APP Corporation (hereinafter referred to as "APP Marks"). You agree not to display or use or otherwise deal with the APP Marks in any way without the prior written consent of APP, or represent that you have the right to display, use or otherwise deal with the APP Marks.
21 Exclusive User Rights
APP respects the intellectual property rights of others and urges users to do the same.
APP services and information are provided on an "as is" basis and APP disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose, with respect to the Services, Information or Products. APP shall not be liable for any direct, indirect, incidental or consequential damages arising out of or in connection with the Services, Data or Products.
If you infringe the intellectual property rights of others, APP will remove certain content or terminate your access to your account in accordance with national laws and regulations or, where appropriate, the Terms of Service or its governing provisions.
APP respects the rights of others (including intellectual property rights) and requires our users to respect the rights of others. APP may terminate the accounts of users who infringe the rights of others.
If you believe that the copyright in your work has been infringed or your intellectual property rights have been violated, you shall promptly contact APP and provide detailed evidence.
1）This Agreement, the Guiding Principles and the Disclaimer constitute the entire agreement between you and APP and govern your use of the Services. APP reserves the right to unilaterally modify this Agreement or the foregoing, as necessary, and if the user continues to use the Service after such changes, the user is deemed to have acceptance of the modified Content. If the User does not accept the modified Content, the User shall cease to use the Service.
2）This Agreement and the relationship between you and APP shall be governed by law.
3）The failure of APP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
4） If any provision of this Agreement is invalid for conflict with law, you agree that you shall endeavor to give effect to the intent of the parties as reflected in such provision in accordance with the law, and that the other provisions of this Agreement shall remain in full force and effect.
5） The headings in this Agreement are for convenience only and shall not have any legal or contractual effect.
6） By accessing the APP, you are accepting any and all of the above agreements.
7）The APP shall reserve the right of final explanation of this Agreement.
23 Copyright Notice
If any content on the APP website or the use of the APP service by users infringes your copyright, please promptly send evidence and statements to firstname.lastname@example.org.
Upon receipt and verification of your notification, APP will remove the content that you claim is infringing your copyright as soon as possible.
Except with the consent of the user or for the purpose of providing the Services, APP shall only provide personally identifiable information about the user to third parties upon request by law or governmental authorities. If you file a report under this Agreement, the APP will only remove the infringing content at your request and will not provide you with personally identifiable information about the user. If you wish to obtain such user information, you shall inform the District Court Prosecutor's Office or the Criminal Police Bureau, and APP will comply with any such request for user information as soon as it is received from these authorities.