TERMS OF SERVICE
LAST UPDATE DECEMBER 15, 2023
The following terms and conditions govern the use of Mixiaosheng Ltd music application(OKMusician). Please read these terms and conditions carefully before downloading or using our application. By downloading or using this application you agree to comply with our terms of service and privacy policy.
We retain the right to amend or modify this terms at our discretion and at any given time by publishing the revised terms on our APP/website. In the event of alterations or additions to this terms, we will make these changes available here or in other formats for your review. Each iteration of this terms will be distinctly identified at the top of the page by its effective date. Your continued utilization of the Service subsequent to the effective date of any modifications to theTERMS OF SERVICE will be considered as your consent to the revised terms.
You acknowledge that if you choose to share or make public some of your music works created with Mixiaosheng Ltd application you are then the distributor and you will hold all the responsibility for that activity. Use of this application shall not grant any rights or licenses to any copyrights or trademarks or any other intellectual property rights exploited in the application. Mixiaosheng Ltd takes no responsibility for possible claims made by a third party and Mixiaosheng Ltd is not responsible for users’ activities in general.
1. WHO CAN USE THE SERVICES
Before accessing or using our Services, you must agree to the terms of the Agreement. You may also be required to register an account on the Services. By registering for an account or otherwise using the Services, you represent that you are the age of majority in your country of residence or are otherwise authorized to enter into binding agreements, such as this Agreement, without being prevented by any applicable law. If you are under the age of majority or are otherwise not authorized to enter into binding agreements, you represent that your parent or legal guardian has reviewed and agreed to this Agreement on your behalf.
If you access the Services from a social networking site, such as Facebook, you shall comply with its terms of service as well as these Terms.
BY INSTALLING, REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICES, OR ANY COMPONENT THEREOF, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THESE SERVICES OR THEIR CONTENT. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE. You accept full responsibility for any unauthorized use of the Services by minors in connection with your account.If you have any questions about OKMusician or this Agreement, please contact our support by sending an email to service@okmusician.com.
2. RIGHT TO USE THE SERVICES
Our Services and their content are the property of OKMusician or its licensors. Subject to certain limitations as described herein, you are granted the right to use the Services, as well as access and use applications, music, videos, pictures, instructional or other material or content available through the Services (collectively, “Service Content”).
Subject to your acceptance of these Terms and your continued compliance with them and the Agreement, OKMusician grants you a limited, non-exclusive, non-transferable and non-sublicensable license to use the Services and related software (only the executable version, excluding source) and any Service Content, strictly for your personal, non-commercial use.
The Services and Service Content are licensed, not sold or transferred to you. Any software copies, content or other material of the Services, including Service Content, will remain the property of OKMusician and its licensors even after they are downloaded or installed on your device.
You may not use the Services, Service Content or any part thereof in any way that is not expressly permitted by the Agreement. You are prohibited from using the Services (including without limitation the Service Content) for public performances. You further agree that you will not, and will not attempt to, copy, modify, share or transfer any part of the Services or the content thereof unless specifically permitted by OKMusician.
The license to use the Services granted under these Terms remains in effect until terminated by you or us. Your license is automatically revoked if you violate these Terms or the Agreement.
3.YOUTUBE API SERVICES
OKMusician’s YouTube integration uses the YouTube API Services. By using OKMusician’s YouTube integration, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms) and acknowledge that such use is subject to Google’s Privacy Policy (https://policies.google.com/privacy).
4. USER ACCOUNT
Certain elements of the Services may enable you to create an account or otherwise register (“Account”), while others do not. You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information”). You further consent and authorize us to verify your Login Information as required for your use of and access to the Services, as applicable. You agree that you will not share the Account or Login Information nor let anyone else access your Account or do anything else that may jeopardize the security of your Account.
You agree that you are responsible for maintaining the confidentiality of your Login Information. If you suspect that your Login Information and/or Account has been accessed or used without your authorization, you must immediately notify OKMusician and modify your Login Information. You are responsible for any use of the Login Information and activity on your Account, including purchases, whether or not authorized by you.
OKMusician reserves the right to refuse or limit the registration for any reason. WITHOUT LIMITING ANY OTHER REMEDIES, WE HAVE THE RIGHT TO REMOVE ANY LOGIN INFORMATION, AND SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT OR ACCESS TO THE SERVICE OR A PORTIONS THEREOF, WITH OR WITHOUT NOTICE TO YOU, IF YOU ARE OR WE REASONABLY SUSPECT THAT YOU ARE FAILING TO COMPLY WITH THIS AGREEMENT, OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, OR FOR ANY OTHER REASON. AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION YOU CAN LOSE YOUR USERNAME IN THE SERVICES AS WELL AS ANY EARNED ITEMS, PRIVILEGES AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND OKMusician IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
5. PAYMENT POLICY
You may access parts of the Services for free, and other services and products may require payment of subscription and/or other fees (“Paid Content"). Fees charged may be one-time payments or automatically renewing payments as described in more detail in the respective Services. By choosing to access and/or buying or subscribing to Paid Content, you authorize us to charge your credit card or other approved payment method for all the costs and charges that apply to such Paid Content. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions and purchases made by you or through you or by anyone that has used your Account(s).
PAYMENT INFORMATION
To access Paid Content of the Services, you must provide valid and accepted payment information. If the payment information provided by you is declined for payment of the Paid Content you are subscribed to, you must provide us with new valid payment information or your access to Paid Content may be suspended. You will get access to Paid Content as soon as the initial payment has been processed.
TRIALS
When you subscribe for Paid Content, we may from time to time offer a trial period (“Trial Period”) without payment or at a reduced rate. This may vary depending on promotions, type of subscription and the term you select at the time of purchase. We reserve the right, in our absolute discretion, to determine your eligibility for a Trial Period and may cancel or change the Trial Period at any time without notice and liability within the limits permitted by applicable law.
We may require you to provide your valid payment information to start the Trial Period. By providing this information, you agree that, unless you cancel your paid subscription prior to the end of the Trial Period, we may automatically begin charging you for such Paid Content you subscribed to on the first day after the end of the Trial Period on a monthly or other recurring basis notified to you, until you cancel your subscription to Paid Content (e.g. turn off automatic renewal from your account settings or via the Apple App Store or the Google Play Store). If you do not want to be charged, you must cancel your subscription to such Paid Content before the end of the Trial Period. If you cancel your subscription to Paid Content, your Account will only have access to those parts of our Services that you may access for free.
BILLING, RENEWALS AND CANCELLATIONS
The subscription fee for our auto-renewable subscription plans may be billed as one-time advance payment for the subscribed period (e.g. 1, 3, 6 or 12 months) or in monthly installments charged every month in advance for the duration of the subscription period. The pricing and terms applicable to your subscription may vary depending on promotions, type of subscription and the subscription period you select at the time of purchase.
If your subscription started with a promotion or trial at a reduced rate, your renewal rate may be higher than your initial rate.
In some cases, your payment billing dates or billing term of your subscription may change if your payment has not successfully settled on the original due date. We will inform you of the billing term change through email.
If you choose to sign up for an auto-renewable subscription for Paid Content, you understand that and authorize that your subscription will automatically renew at the end of the subscription period and that payment for the renewal period is automatically charged from you using the payment information you have provided, unless you cancel your subscription before the end of the then-current subscription period. You can cancel your auto-renewing subscription to Paid Content purchased from our site from your account settings or by contacting our support. If you purchased a paid subscription via a third party, such as the Apple App Store or Google Play Store, you can cancel the paid subscription via such third party following the applicable terms and payment policies of such third party.
Unless prohibited by applicable law and except as specifically provided otherwise, any payments are always FINAL and NON-REFUNDABLE.
PRICE CHANGES
Our prices may change from time to time. If the pricing of your subscription changes, we will notify you in advance and provide you an opportunity to review those changes to your subscription. Price changes will take effect at the beginning of the next subscription period after the date of the price change. Applying any price changes to your subscription or charging your payment details in connection with an automatic renewal applying a new price is subject to your approval of the changed pricing. In accordance with applicable law, you accept the price change by continuing to use the Services after the price change takes effect. If you do not accept this price change, you have the right to refuse the change by cancelling the subscription to Paid Content before the price change takes effect.
Introductory offers or discount promotional periods are limited. The discount period on the regular price for OKMusician services is always clearly stated on price reductions. After the initial discount period, the normal subscription price will apply.
6. LYRICS
The use of Lyrics is solely permitted for your personal, non-commercial use, strictly in compliance with the terms outlined in this Agreement. Reproduction, publication, transmission, distribution, public display, rental, lending, modification, creation of derivative works, sale, participation in sales, or any form of exploitation, directly or indirectly, in whole or in part, of any provided Lyrics is strictly prohibited, except as explicitly authorized for personal usage.
You acknowledge and agree that you do not hold any rights, including "karaoke" or "sing-along" rights, to Lyrics, and you shall not attempt to or remove any vocal track from a sound recording associated with a provided Lyric. Transferring, assigning, or transmitting any Lyrics to a third party is strictly prohibited. Moreover, you agree not to engage in any actions intended to undermine, evade, or bypass any protective measures put in place to safeguard the Lyrics from unauthorized use.
7. NOTICE AND TAKEDOWN PROCEDURE
If any person or legal entity is of the opinion that any content available through the OKMusician Services infringes its rights in or to such content, it can submit a complaint at service@okmusician.com specifying the title of the content and the rights which he or she has in or to the content. If we find the complaint founded, we will remove the content as soon as possible.
8. NO ENDORSEMENT
The OKMusician Service may feature links to external websites, applications, services, or content. These links are provided for your convenience and to offer additional information. Their inclusion does not imply our endorsement of these external websites, applications, services, or content. We bear no responsibility for the content hosted on these external platforms.
9. APPLICABLE LAW AND COMPETENT COURT
Your use of the OKMusician Service, these terms and conditions, the relationship between you and us and any dispute arising therefrom is subject to the laws of the China. Any dispute not settled between you and us will be brought before the Chinese competent court.