EMEET TUNE User Agreement
Latest version release date: September 2023
Welcome to use EMEET TUNE (hereinafter referred to as "the Software")! This User Agreement (hereinafter referred to as the "Agreement") is a legal agreement between the user (hereinafter referred to as "you") and Shenzhen EMEET Technology Co, Ltd (hereinafter referred to as "EMEET", "we" and "us"). This Agreement applies to EMEET's mobile applications (collectively, "the Service" or "the Software"), including links to this Agreement available on-line in Mainland China, Hong Kong SAR, Macau SAR, Taiwan, the United States of America, Japan, the European Union, the United Kingdom, Canada, Australia, the United Arab Emirates, Singapore, Brazil, Russia, South Korea, Mexico, and Israel.
EMEET hereby especially reminds you to carefully read and fully understand the terms and conditions of this Agreement, including the disclaimer that exempts or limits EMEET's liability and the limitation of rights of the User. Please read carefully and choose to accept or not accept this Agreement (minors should be accompanied by a legal guardian to read). Unless you accept all the terms of this Agreement, you are not authorized to use the Services. Your use of the behavior will be regarded as the acceptance of this Agreement, and agree to accept the terms of this Agreement.
Your acceptance of this Agreement constitutes your voluntary acceptance to be bound by all of its terms, including any modifications made by EMEET from time to time to any of the Terms of Service. This Agreement may be updated by EMEET from time to time, and the updated terms of the Agreement will replace the original terms of the Agreement as soon as they are published without further notice, and the User may review the latest version of the terms of the Agreement in this application. After EMEET modifies the terms and conditions of this Agreement, if the User does not accept the modified terms and conditions, please stop using the services provided by EMEET immediately, and the User's continued use of the services provided by EMEET will be deemed to have accepted the modified Agreement.
1. Software License Scope
EMEET grants you a personal, limited, non-transferable, and non-exclusive license to use the Software on your personal cell phone, with no right to sublicense.
You may not install, use or perform the Software for commercial purposes. You may install, use, display and perform the Software on a single mobile terminal device for non-commercial purposes. You may not copy, modify, or circumvent any of the data of the Software, or any data sent to the memory of any terminal device during the execution of the Software, and any interactive data generated between the client and the server during the execution of the Software, or use plug-ins to execute the Software, or create any derivative work in any form (including, but not limited to, plug-ins), or access the Software and the related systems through unauthorized third-party tools or services.
2. Software Installation and Updates
From time to time, EMEET may develop patches, bug fixes, updates, upgrades and other modifications to improve or enhance the performance of the Software and related services (collectively, "Updates"). Such Updates may be installed on the App Store or Google Play platforms or other platforms, and additional notices will be displayed to you and, if you have connected the Product to the Internet, your prior consent will be sought. You are aware that it may be necessary to install updates in order for the Product and the Product Software to function properly and to access all updated features of the Product Software. EMEET does not guarantee that older versions of the Software will continue to be available after a new version of the Software has been released.
3. Protection of Users' Personal Information
We work with you to protect your personal information.
4. Content Related to Third Parties
This Agreement supplements and incorporates the terms and conditions of the websites from which the User downloads the Application, including, but not limited to, Apple Inc., Google Play, and the Android Marketplace. EMEET grants you a non-transferable, limited license, subject to the terms and conditions of third parties such as Apple Inc. Permissions and Restrictions. In the event of a conflict between such third-party terms and conditions and this Agreement, this Agreement shall prevail only to the extent that it relates to the Software.
5. Intellectual Property Statement
The intellectual property rights of all content provided in the Service (including but not limited to software, technology, programs, web pages, text, graphics, images, trademarks, audio, video, charts, layouts, electronic documents, etc.) belong to EMEET. The copyrights, patents and other intellectual property rights of the software on which we provide the Software and related services are owned by EMEET, which provides technical support for the development and operation of the Software and enjoys all rights within the scope of the applicable laws to all data and information generated in the course of the development and operation of the Software and services. Without the permission of EMEET, no one is allowed to use (including but not limited to monitoring, copying, transmitting, displaying, mirroring, uploading, downloading through any program or device) the contents of the Software and the related services without authorization.
6. Code of Conduct for Users
You are responsible for your use of the Software EMEET TUNE and related services, and unless permitted by law or with our prior written permission, you may not use the EMEET TUNE and related services to do any of the following:
- You may not license, sell, lease, transfer, distribute or make any other commercial use of the Service;
- You may not access the Application or use EMEET products, programs and services for the purpose of creating identical or competing services;
- Except as expressly provided by law, you may not copy, distribute, republish, download, display, post, modify, translate, merge, exploit, disassemble, or decompile any portion of this application in any form or by any means;
- You have agreed that in the course of use, you will assume full legal responsibility for the risks arising from the following actions:
- Undermining the fundamental principles established by the Constitution; jeopardizing national security, leaking state secrets, subverting state power, and undermining national unity;
- Damage to the honor and interests of the State;
- Incitement of ethnic hatred and ethnic discrimination and undermining of national unity;
- Undermining the State's religious policy and promoting cults and feudal superstitions;
- Spreading rumors that disrupt social order and undermine social stability;
- Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime; insulting or slandering others and infringing on their legitimate rights and interests;
- Contains other contents prohibited by laws, regulations and administrative rules.
- You have agreed not to engage in the following behaviors on the Application:
- Uploading or posting computer viruses, worms, malicious code, software that intentionally damages or alters computer systems or data;
- Unauthorized collection of information or data about other users, such as e-mail addresses;
- Disable the Application's network connection, place an undue burden on the Application or otherwise interfere with or damage the Application servers and network link;
- Unauthorized attempts to access the Application, servers, or network links of the Application
- Interfering with or disrupting the normal use of the Application by other users.
You are legally responsible for your own actions in using the Software. The forms of legal responsibility assumed by the user include, but are not limited to: compensation to the aggrieved person, as well as after EMEET has assumed the administrative penalties or tort/breach of contract liability resulting from the user's behavior, the user shall indemnify EMEET for all the damages suffered as a result of such action, damages including but not limited to, attorney's fees, litigation costs, and liabilities to third parties resulting from the administrative penalties assumed by EMEET, assumed by the user, and the legal fees and litigation costs incurred as a result, travel expenses, etc. If the user violates the law or this agreement, EMEET has the right to immediately suspend or terminate the provision of some or all services to the user.
You understand that if EMEET discovers that the information you post is clearly illegal, EMEET is obliged to immediately stop the transmission, save the relevant records, report it to the relevant state authorities, and delete the address, directory or shut down the server containing the content, in accordance with the relevant laws in force in the country or region where you are located.
8. Term and Termination
The license granted to you under this Agreement is effective as of the date of your first use of the Software and continues for as long as you own the Software. EMEET may terminate this Agreement at any time if you fail to comply with any of its terms. You may terminate this Agreement immediately upon written notice to EMEET. Upon termination of this Agreement, the license granted hereunder terminates and you must cease all use of the Software.
9. Jurisdiction and Application of Law
The laws of the mainland of the People's Republic of China (without regard to conflict of laws) shall be used for the establishment, entry into force, fulfillment, interpretation and dispute resolution of this Agreement.
The place of this Agreement is Guangming District, Shenzhen, Guangdong Province, the People's Republic of China.
If any dispute or controversy arises between you and EMEET, it shall first be resolved through friendly negotiation; if the negotiation fails, you agree to submit the dispute or controversy to the jurisdiction of the people's court with jurisdiction in the place where this Agreement is signed.
The terms of this Agreement shall be partially invalid or unenforceable for any reason whatsoever, and the remaining terms shall remain in effect and shall be binding upon the parties.
If there are multiple language versions of this Agreement, such as Chinese and English, and there are corresponding contents, in the event of differences in the understanding of the contents of the different language versions, the contents expressed in Chinese shall prevail.
You and we are independent entities and under no circumstances does this Agreement constitute a warranty or condition of any kind, express or implied, by us to you, nor does it constitute an agency, partnership, joint venture or employment relationship between the parties.
If you have comments or suggestions about this Agreement or our services, you may contact us via e-mail and we will give you the necessary assistance.