JOOX User Agreement

Last modified: Dec. 2014

INTRODUCTION

Welcome to JOOX!

Your use of JOOX and the Content is subject to the terms of this JOOX User Agreement, as well as the following agreements generally applicable to users of Tencent services (this JOOX User Agreement and the following agreements being, collectively, "this Agreement"):

  • Terms of Service ("Tencent TOS") – which sets out the general terms governing the relationship between you and us in relation to your use of JOOX;
  • Privacy Policy – which sets out how we collect, store and use your Personal Information in JOOX;
  • Acceptable Use Policy – which sets out rules of good behaviour applicable to your use of JOOX;
  • Cookies Policy – which sets out how we use cookies and log files in JOOX; and
  • General End User Licence Agreement ("EULA") – which sets out terms applicable to your use of any JOOX software that we provide to you for your use of JOOX.

This JOOX User Agreement sets out additional service-specific terms for the purposes of the "Additional Terms and Policies" section of the Tencent TOS.

YOUR JOOX MEMBERSHIP

You may access JOOX by using your WeChat account (or certain third party social media platform accounts as permitted by us) for either of the following JOOX services (such WeChat or third party social media account of yours being, for the purposes of JOOX, your "JOOX Account"). You may be able to access such JOOX services via either the JOOX website or JOOX software:

  • "Free Service" – a free-of-charge service, supported by advertisements.
  • "Subscription Service" – a subscription-fee based service. It offers various features not available in the Free Service.

You may also access the Free Service without a JOOX Account, but you may not be able to access all or any of the Free Service's features.

You may only access JOOX if you are in a country in which we are authorised to operate the Free Service and/or Subscription Service. You agree you will not circumvent any access or availability restrictions in relation to such authorised countries, including by misrepresenting yourself as being in such countries. We may use various technologies to verify your location from time to time.

In addition to this Agreement: (a) the "Your Account" section of the Tencent TOS applies to your use of your WeChat account as a JOOX Account; and (b) your third party social media platform's terms apply to your use of your third party social media account (if applicable) as a JOOX Account.

JOOX SERVICE

JOOX is for your personal and non-commercial use only. You agree to not use JOOX for any business purposes or public performances.

We may update or change JOOX at any time, either at no cost or subject to additional fees, in our sole discretion. Such changes or updates may include additional functionalities or limitations on your use of JOOX. Where reasonably practicable, we will provide notice to you of such updates or changes.

We may, at any time and at our discretion, place limits on the number of devices you may use to access JOOX. We may record the unique device identifier numbers of your devices in order to enforce such limits.

The Content

Subject to the terms of this Agreement, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to access the music, music videos and other materials made available by us within JOOX (collectively, the "Content"), within the countries and/or regions that we are authorised to provide JOOX to you within, and subject to the terms of this Agreement (such licence being the "Licence").

Due to licensing and other restrictions, we may be able to offer JOOX and the Content to you in certain locations only (as notified to you from time to time), and we may be unable to offer certain Content to you: (a) if you are not a Subscription Service member; and/or (b) in various locations around the world. We may use various technologies to verify your location from time to time.

If you are a Subscription Service member, the Licence includes a right for you to download one copy of certain Content (as made available by us for downloading within JOOX) to each of the devices that we permit you to use for accessing JOOX. Such downloaded Content will be: (a) playable only within JOOX and not within any other third party services or software; and (b) no longer playable following cancellation of your Subscription Service membership.

The Content may be subject to certain digital rights management restrictions (including, for any downloaded Content within the Subscription Service, the restrictions set out in the above paragraph). For the avoidance of doubt, any Content accessed (whether streamed, downloaded or otherwise) by you is subject to the Licence, and you will at no times have or acquire any ownership right in any Content.

Acceptable Use of JOOX and the Content

Your use of JOOX and the Content is governed by the Acceptable Use Policy, as well as any other applicable provisions of this Agreement. In particular, you agree that you will not (except where we otherwise expressly permit you to do so within JOOX):

  • use JOOX to download or reproduce any copyrighted materials;
  • copy, store, edit, change, prepare any derivative work of, or alter in any way any of the Content available within JOOX (including altering any proprietary or legal notices within the Content or JOOX);
  • make JOOX available over any network where it could be accessed by any third parties;
  • circumvent any technology used by JOOX or its licensors to protect the Content or JOOX; or
  • rent, lease or sublicense JOOX, or otherwise allow any third parties to access JOOX via your JOOX Account.

SUBSCRIPTION SERVICE

The terms in this section apply if you are a Subscription Service member.

There will be no direct marketing advertisements displayed within the Subscription Service. However, you agree that we may still be able to send you direct marketing outside of JOOX (e.g. via email), subject to our Privacy Policy.

Billing and pricing

You must provide us with a valid and current payment method. Such payment method must be a payment method that we accept, as made available by us to you from time to time. If your payment method is not valid for any reason (whether due to expiration, insufficient funds or otherwise), you remain responsible for any outstanding amounts (and such obligation shall survive any expiry or termination of this Agreement).

We will bill your membership fee to such payment method on a forward prepaid basis, based on the subscription membership period that you have selected. We will not automatically renew your membership at the end of your subscription membership period; if you wish to renew your membership, you may do so in accordance with the relevant renewal process set out within JOOX.

We may adjust the pricing for the Subscription Service at any time and in any manner from time to time, at our sole discretion. Such adjustment may be due to promotional offers, your changing or adding of subscription options, any change in your location and/or for any other reason.

Any membership fee you pay to us is exclusive of taxes, and you agree that we may bill you for any applicable taxes in addition to your membership fee.

Termination of Subscription Service

Your Subscription Service membership will continue unless and until either you or we cancel your membership, and is subject to your continuing payment of the applicable subscription fees.

If: (a) you do not renew your membership; or (b) we cancel your subscription for any reason, in each situation your Subscription Service membership will be terminated at the end of your then-current subscription membership period, and will be converted on that date into a Free Service membership.

To the extent permitted by law, all payments from you to us are non-refundable and non-creditable.

Trial Subscription Service membership

Your Subscription Service membership may start with a free trial period, as offered by us to you at our discretion. Such trial period will last for one month, or such other period as specified by us to you. We reserve the right to determine which users may be eligible for such free trial.

At the end of such trial period, we may automatically begin billing you for the applicable membership fees, unless you give us at least five days'notice prior to the end of your free trial period (in which case your membership will instead become a Free Service membership at the conclusion of the trial period).

We will not give you any notice that your free trial period has ended or that we have begun to bill you for the applicable membership fees.

INTELLECTUAL PROPERTY

You agree to comply with the EULA and any other applicable provisions of this Agreement in your download and use of any JOOX software.

You also agree to comply with the "Our Intellectual Property Rights" and "Use of your device by our services" sections of the Tencent TOS and any other applicable provisions of this Agreement.

Your use of any JOOX software and the Content may be subject to third party terms, as notified by us to you from time to time. You agree to comply with all such third party terms, as well as the "Third Party Content and Services" section of the Tencent TOS and any other applicable provisions of this Agreement.

We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact support@joox.com

TERM AND TERMINATION

This Agreement will apply, as between you and us, until either you or we terminate your access to JOOX.

We may suspend or terminate your access to JOOX at any time in accordance with the "Termination" section of the Tencent TOS.

Warranty, disclaimer and liability for our services

The terms set out in the "Warranty and Disclaimer" and "Liability for Our Services" sections of the Tencent TOS will apply in relation to JOOX (and your use of JOOX).

GENERAL

This Agreement is the entire agreement between you and us in relation to JOOX (and your use of JOOX). You agree that you will have no claim against us for any statement which is not explicitly set out in this Agreement.

The terms set out in the "Governing Law and Dispute Resolution" section of the Tencent TOS will apply in relation to this Agreement and any dispute between you and us.