Welcome to MySing. In order to use the MySing Service (hereinafter referred to as the “Service”), you should read and observe the related agreement and business rules such as License Agreement for MySing Service (hereinafter referred to as the “Agreement”),
MySing Service Agreement. You should carefully read and fully understand the content of every term, especially those on liability limitation or exemption, and those separate agreements on the opening or application of a certain service. The terms on liability limitation or exemption will be in bold to ensure they’re not overlooked.
You have no right to use the Service unless you have read and accepted all the terms in the Agreement. By using the Service, such as logging in, browsing, downloading, releasing information, it will be deemed that you have read and agreed to accept the restrictions of the Agreement.
If you are under the age of eighteen, please read the Agreement in the company of your legal guardian, and pay special attention to the terms of usage for minors.
1.1 The Agreement is an agreement made by and between you and the MySing Company on user usage of the MySing Service. “User” means a person who uses MySing Service, and who is referred to in the Agreement as “You”.
1.2 The Service under the Agreement means the service provided by the MySing Company, through which users can search, audition, download, and manage original songs and their accompaniments, and use the accompaniments to sing songs, and record, tune, modify, mix and upload music (hereinafter referred to as the “Service”). As some of the Services may be linked to a MySing account, users should login to their MySing account to use the Service.
2.1 You may need to apply for a MySing account when using the Service. Please observe the Rules for MySing Accounts when using.
2.2 The MySing Company especially reminds you to properly keep your account number and password. After using the account, you should log out properly. If you fail to properly keep your account and password, your account number or password may be stolen, the liability for which shall be borne by you.
3.1 It is a basic principle of the MySing Company to protect a user’s private information.
3.2 In the process of registering an account or using the Service, you may be required to fill in some necessary information. When required by any special provision of state laws and regulations, you shall fill in your real identity information. When the information filled in by you is not complete, you may not be able to use the Service or may be subject to restrictions when using the Service.
3.3 Generally, you can browse and modify at any time the information you submit, but for the sake of security and verifying identity (such as complaints about accounts), you may not modify the initial registration information and other verification information submitted during registration.
3.4 MySing will protect your private information with various security technologies and programs, establishing a sophisticated management system so as to prevent unauthorized access, use or disclosure.
3.5 Without your consent, MySing will not disclose your sensitive private information, except where otherwise stipulated by law, regulations or the Agreement.
3.6 You must understand and agree that in order to improve user experience and provide the Service by MySing:
(1) MySing is allowed to use the information submitted by you, including, but not limited to, your registration information, the relevant operations under the Service and other private information, and show the information to you and other users through the Service and the services provided by any third party in the Service.
(2) MySing needs to provide your relevant private information to related third parties or other users due to the options you choose or your consent during your registration or opening a certain service and function, or due to your request for a specific service from the MySing or any third party.
4.1 Except where otherwise agreed by you and the MySing Company, you shall agree that use of the Service is solely for your personal and non-commercial purposes.
4.2 You shall use the Service in the method provided or recognized by the MySing. The rights you obtain under the Agreement are non-transferable.
4.3 You shall not use any plug-in, tag-on, or third-party tool not authorized by the MySing to disrupt, destroy, modify or otherwise impact the Service under the Agreement.
5.1 You shall understand and agree that the Service is provided according to the technologies and conditions currently available. MySing will try its best to provide services to you and ensure its consistency and safety; but MySing is not able to predict and prevent legal, technological, and other risks at all times, which include, but are not limited to, possible interruption, loss of data, and other losses and risks caused by force majeure, virus, trojans, hacker attacks, system instability, flaws in third-party services, and government actions.
VI. Your own devices
6.1 You shall understand that you must provide your own terminal devices (such as computer, mobile phone, tablet, Internet-surfing device, voice input device, and modem) related to the relevant services, and bear liability for the costs (such as telephone fees and Internet-surfing fees) as required.
6.2 You shall understand and agree that when using the Service, your resources, including, but not limited to, terminal devices, Internet network, and mobile Internet network will be drained.
7.1 You shall agree that the MySing Company can send you advertisements, promotional or publicity information (including commercial and non-commercial messages) by itself or through a third-party advertising agency in the process of providing the Service, and the method and scope of sending the information can be changed without sending you any specific notice.
7.2 The MySing Company may provide you with the function of disabling receipt of advertising information, but at no time shall you shield and screen the advertising message in any manner not expressly provided in the Agreement or in any manner not permitted by the MySing Company in written form.
7.3 As the MySing Company performs its relevant obligations for advertising agencies in accordance with the legal provisions, so you shall judge the authenticity of advertising messages and bear the responsibility for your own judgment. Except where otherwise expressly stipulated by law, in no case shall the MySing Company be liable for any loss or damage that you incur, whether such loss or damage is caused by transactions conducted according to the advertising message or by the content provided by the advertising agent.
7.4 You shall agree that you shall judge carefully the authenticity and reliability of the advertising information appearing in the process of MySing’s service, and except where otherwise expressly stipulated by law, you shall be responsible for the transaction conducted according to the advertising message.
8.1 The MySing Company may modify or alter the fees and method of charging the fee for fee-based services according to actual needs, and may start to charge for some of those services that are currently free. Prior the aforesaid modification, alteration or commencement of charging, the MySing Company shall issue a notice or announcement on the corresponding service page. If you don’t agree to the aforesaid modification, alteration or charge, you must cease using the Service.
9.1 If you use any product or service provided by a third party during use of the Service, you shall also observe the user agreement of the third party in addition to the provisions of the Agreement. The MySing Company and the third party shall respectively bear their own liability for potential disputes within the scope of legal provisions and the Agreement.
X. Form of service software
10.1 MySing may develop different versions of the software for different terminal devices, and you shall choose to download and install the proper version according to your actual needs. You shall know and agree to: the software downloaded and installed on your computer may include the version also applicable to a mobile terminal device, so that when your mobile terminal device (including, but not limited to, your mobile phone) is connected to your computer, the system may recommend that you adopt the software version applicable to the mobile terminal device.
10.2 If you obtain this software or an installation program with the same name as this software from a third party not legally authorized, the MySing Company will neither be able to ensure the normal operation of the software nor be liable for any losses caused to you thereof.
10.3 In order to improve user experience and optimize service content, the MySing Company will provide software updates from time to time (the update will take such forms as software replacement, modification, function enhancement, and version upgrade).
10.4 After release of a new software version, the old version may become unusable. MySing will not guarantee the continuous usability of old version software and the availability of corresponding customer service, so please check and download the latest version from time to time.
10.5 Except where permitted by law or by the MySing Company in written form, you shall not:
(1) delete software copyright information and its duplicates.
(2) reverse engineer, disassemble, and decompile the software, or try other methods to find the source code of the software;
(3) use, rent out, lend, copy, alter, connect, link, reprint, compile, release, publish, or establish mirror websites for the content for which the MySing Company owns the copyright, and take advantage of the “software” and related information without permission to develop a derivative product, works, service, plug-in, tag-on, compatibility, interlinkage, and so on that are related to said software and information;
(4) copy, alter, augment, delete, and run by mounting the data released on any terminal memory by software or during the running of the software, the interactive data at the customer and server ends during the running of the software, and the system data necessary for running software, or use said data to create any derivative works, the form of which includes, but is not limited to, connecting software and relevant systems by using plug-in, tag-on, or the third-party tools / services without legal authorization.
(5) alter or fabricate the commands and data in running software, augment, delete and alter the function or effective running of the software, or operate or propagate the software and method for the aforesaid application, regardless of whether or not such actions are for commercial purpose;
(6) take any action that jeopardizes the computer network security, including, but not limited to: using data, or entering server/account without permission; entering public computer network or the computer system of others without permission, and deleting, altering, and augmenting stored information; trying to probe, scan, test the weakness of the software system or network without permission or engage in other actions that will jeopardize network security; attempting to intervene in and undermine the software system or the normal running of the website, intentionally spreading malware or viruses, and taking other actions that jeopardize and disrupt the normal network information service; and fabricating TCP/IP data package name or some part of the name;
(7) augment, delete and alter the function or effective running of the software by altering or fabricating the command, data, or data package in running software, or propagate or operate the software for the aforesaid applications;
(8) engage in other actions not expressly authorized by the MySing.
10.6 If you take any of the actions set out in the previous clause, the MySing Company shall reserve the right to purse the relevant legal action.
10.7 The software may adopt third-party software or technology (including open source code or public domain code that the software may use, the same hereinafter), and said adoption has been legally authorized.
10.8 If the software adopts any third-party software or technology, the MySing Company will present relevant agreements or other documents as attachments of the Agreement, packaged in the pending folder of the Software’s installation package and other forms in accordance with relevant laws, regulations or provisions, and such relevant agreements or other documents will be expressed as “License Agreement on Using Software”, “Agreement on Authorization”, “License of Open Source Code” or other forms. The aforesaid relevant agreements or other documents presented in various forms are integral parts of the Agreement, and with legal effect equal to the Agreement, so you shall observe their requirements. If you fail to observe their requirements, the third party or competent authority may seek litigation or impose a fine, or take other penalty measures against you, and request the MySing Company to offer assistance. Legal liability therefrom shall be borne by you.
10.9 Disputes caused by the software’s adoption of third-party software or technology, if any, shall be solved by the third party, and the MySing Company shall not bear any responsibility. The MySing Company will not provide customer service for third-party software or technology, so if you need support, please contact the third party.
XI. Code of conduct for users
11.1 When using the Service, you shall not engage in the following actions by taking advantage of the Service, including, but not limited to:
(1) releasing, transmitting, spreading, storing content that violates state laws, jeopardizes the country’s security and unity, social stability, public order, social morals, and contains insulting, slanderous, obscene, and violent material;
(2) releasing, transmitting, spreading, storing the content that infringes other people’s legal rights, reputation, image rights, intellectual property, and business secrets;
(3) use any audio and video material that includes content obtained by the Service by way of infringing upon the intellectual property, business secrets, or the legal rights of any party;
(4) making, releasing, and spreading the software that can be used for stealing accounts, and other people’s proprietary information, property, and confidential information;
(5) without the express written authorization from the MySing Company, selling, renting out, lending, spreading, transferring, or sub-licensing the software, the Service or relevant linkages, or obtaining personal gain by using the software and service or the terms of the software and the service, whether or not such use is for direct economic or monetary benefit;
(6) without the permission of the MySing Company, using any music resource in the resource bank of the “software” and MySing for business purposes or any profit-seeking activity;
(7) fabricating facts and concealing the truth so as to mislead and deceive others;
(8) releasing, transmitting, and spreading spam;
(9) using the software and the Service in any illegal way, for any illegal purpose, or in any way inconsistent with the Agreement;
(10) committing other actions that violate laws and regulations, policy and public order and social morals.
11.2 You shall bear the liability arising from the content transmitted or spread by you through the Service (including, but not limited to, web pages, text, pictures, audio, video, diagrams, and so on).
11.3 You shall ensure the legal source for content you transmit or spread through the Service, and that you own the relevant content or obtain a license from rights holder for such content.
11.4 You shall agree that the MySing Company has the right to use all the content, including, but not limited to, pictures, text, and music, that you transmit or spread, for the purpose of performing the Agreement, providing the Service, or propagating and promoting the Service; and you shall also agree to grant the MySing Company the irrevocable and permanent license for the intellectual property and civil rights necessary for using the content transmitted or spread by you.
12.1 The intellectual property of the content provided by the MySing Company in the Service (including, but not limited to, web pages, text, pictures, audio, video, and diagrams) shall belong to the MySing Company, and the intellectual property of the content created by a user during use of the Service shall belong to the user or relevant rights owner. You shall agree to grant MySing the rights of the intellectual property for the content created during the use of the Service, so that MySing can use in various manners during the provision of the Service and other services operated by MySing, including, but not limited to, copying, downloading, and disseminating.
12.2 Except where otherwise expressly stated, the copyright, patent right, and other intellectual property on which the MySing Company relies when providing the Service shall belong to the MySing Company.
12.3 The intellectual property of all the aforesaid content included in the Service is protected by law, and without the written consent of the MySing Company, user or relevant right holder, no person shall use it or create any related derivative works in any way.
13.1 When using the Service, you shall comply with the relevant local laws and regulations, and respect local morals and customs. If your conduct violates the local laws and regulations, or morals and customs, you shall bear all the relevant liabilities on your own.
13.2 You shall prevent MySing from being involved in any political and public affair due to your use of the Service, otherwise, the MySing Company shall have the right to suspend or terminate the service for you.
14.1 You shall understand and agree that when using the Service, risks such as force majeure may interrupt the Service. Force majeure means an unpredictable, insuperable, and unavoidable event that has significant impact on one party or both parties, including, but not limited to, natural disasters such as flood, earthquake, the spread of pestilence, storm, and social events such as war, upheaval, and acts of government. Upon the occurrence of the aforesaid situation, the MySing Company shall endeavour to immediately cooperate with relevant organizations to restore the service, but the MySing Company shall be exempted from the liability of your losses caused in such cases to the extent permitted by law.
14.2 Within the scope permitted by law, MySing shall be exempted from liability for the interruption or cessation of service caused by the following situations:
(1) damage caused by computer virus, Trojan or other Malware, and hacker attack;
(2) malfunction of user or MySing’s computer software, system, hardware, and telecommunication lines;
(3) Improper operation by user;
(4) Use of the Service by user in a way not authorized by MySing.
14.3 You shall understand and agree that, in the process of using the Service, you may encounter risks from Internet messages or the conduct of other users, and the MySing Company will neither be liable for the authenticity, applicability, and legality of all information, nor will it be liable for any of your losses and damage caused by the tort. Such risks include, but are not limited to:
(1) Messages containing threatening, slanderous, offensive, or illegal content from an anonymous source or a person assuming another’s name;
(2) Being misled or deceived by others, or any mental or physiological injury or economic loss due to the use of the service under the Agreement;
(3) Risks due to other Internet messages or user conduct.
14.4 You shall understand and agree that the Service is not designed for any specific purpose, including, but not limited to, the important fields such as nuclear facilities, military applications, medical facilities, and transportation and communication. For any casualty, property loss, or environmental damage caused by any failure of aforesaid operation due to reason of software or service, the MySing Company shall not bear any legal liability.
14.5 The MySing Company has the right to handle cases of legal and rule violations by virtue of the provisions of the Agreement, but such rights shall not constitute an obligation or commitment of the MySing Company, and the MySing Company is not able to guarantee it will discover all such violations and take corresponding measures in a timely manner.
14.6 In no case should you readily believe any message about borrowing money, asking for a password, or other Internet message related to property. For any operation related to property, please verify the identity of the party involved, and please pay attention to the reminder about fraud prevention from the MySing Company.
15.1 By your use of the service of the MySing Company, it shall be deemed that you have read and agreed to the restrictions of the Agreement.
15.2 The MySing Company shall have the right to modify the terms of the Agreement when necessary. You can read the terms of the Agreement of the latest version on the relevant service page.
15.3 After modification of the terms of the Agreement, if you continue to use the software or service provided by MySing, it shall be deemed that you have accepted the modified Agreement. If you don’t accept the modified Agreement, you must cease using the software or service provided by the MySing Company.
16.1 The MySing Company may alter the service content, and interrupt, suspend, or terminate the service.
16.2 In any of the following cases, the MySing Company shall have the right to interrupt or terminate the service provided to you without any prior notice:
(1) You shall submit truthful information in accordance with the provisions of law, but if the personal information submitted by you is not true, or the registration information is not consistent and you fail to provide reasonable proof;
(2) You violate the provisions in relevant laws and regulations or the Agreement;
(3) According to legal provisions or at the request of competent authorities;
(4) For the sake of security or other necessary reasons.
16.3 The MySing Company shall have the right to charge fees in accordance with the provisions of clause 7.2 in the Agreement. If you fail to make full payment in a timely manner, the MySing Company shall have the right to interrupt, suspend or terminate the provision of service.
16.4 It is your responsibility to backup the data stored in the Service. Should your service be terminated, the MySing Company may permanently delete your data on the server. After the termination of service, the MySing Company shall not be obliged to return the data to you.
XVII. Jurisdiction and applicable laws
17.1 The laws of Malaysia shall be applicable for the establishment, effectiveness, performance, interpretation, and dispute resolution of the Agreement (without regard to conflicts of legal provisions).
17.2 Conflicts or disputes between you and the MySing Company, if any, shall at first be solved through friendly consultation. Should such consultation fail to reach a resolution, you shall agree to submit the conflict or dispute to the jurisdiction of the competent people’s court in the area where the Agreement is signed.
17.3 The titles of all the terms of the Agreement are only to facilitate their reading, and have no actual meaning, and shall not serve as the basis for explaining the Agreement.
17.4 In the event that any of the terms in the Agreement is invalid or unenforceable for any reason, the remaining terms shall remain valid and binding for both the Parties.
18.1 Minors (users under the age of 18) shall read this Agreement and use the Service under the guidance and accompanied by their guardians.
18.2 Underage users lack sufficient social experience and are easily confused by false information on the Internet. Although they have a strong sense of curiosity, they lack the ability to respond and deal with emergency situations, are vulnerable to manipulation by people with illegal intentions and are unable to protect themselves. Therefore, minors should pay attention to the following points when using the service to improve their safety awareness and self-protection ability:
(1) Fully understand the difference between the online world and the real world, avoid spending too much time on the Internet, and maintain a normal pace of life and study;
(2) When filling in personal information, improve your awareness of privacy protection and avoid harassment by unwelcome people;
(3) Under the guidance of parents or teachers, learn to use the Internet correctly;
(4) Avoid making new friends online or attending parties rashly, so as not to endanger your safety.
18.3 Guardians and schools should provide more guidance on the use of the Service. Parents should pay special attention to the growth of their children, and constantly communicate with them to educate them to be vigilant about Internet security issues and prevent security infringement.