ORUN Service Agreement

Foreword

Welcome to the services of ORUN Music LLC (hereinafter referred to as “ORUN“).

To use ORUN services, you shall carefully read and abide by the ORUN Service Agreement (hereinafter referred to as “this Agreement”), related service agreements for ORUN’s “KAKA” product. Be sure to carefully read and fully understand the terms herein, especially those regarding the exemption from or limitation of liability, governing and applicable laws, and the separate agreement to open or use a service. Limitation and liability exemption clauses may be highlighted in bold or underlined. You are not authorized to use the services provided by ORUN unless you have read and accepted all the terms of this Agreement. Your use of ORUN services signifies that you have read and agreed to be bound by this Agreement.

If you are under the age of 18, you shall read this Agreement accompanied by a legal guardian and pay special attention to the terms of use for minors.

1. Scope of the Agreement

1.1. This is an agreement between you and ORUN regarding the use of ORUN-related services by users. “ORUN” refers to ORUN and possible associated operating units of ORUN-related services. “User” refers to the user of ORUN-related services and is referred to frequently as “you” in this Agreement.

1.2 The services under this Agreement refer to products and services that ORUN provides to users, including but not limited to music streaming, music player, music community, online karaoke, live performance broadcasting, Internet value-added, interactive entertainment, e-commerce, and advertising (hereinafter referred to as “the Services”).

2. Protection of User’s Personal Information

2.1 Protecting users’ personal information is a fundamental principle of ORUN. ORUN will collect, use, store, and share your personal information in accordance with this Agreement and the Privacy Policy

3. The Way to Use the Services

3.1  Unless otherwise agreed, you agree to use the Services only for personal and non-commercial purposes.

3.2  You shall use the Services in a way provided or approved by ORUN. Your rights under the terms of this Agreement are non-transferable.

3.3  You may not interfere, destroy, modify, or otherwise affect the services hereunder using plug-ins, add-ons, or third-party tools without ORUN’s authorization.

4. Advertising

4.1 You agree that ORUN may, in the course of providing the Services, send you advertising, promotional, or marketing information (including commercial and non-commercial information) on its own or by third-party advertisers in a manner and scope that may be changed without notice to you.

4.2 ORUN may provide you with the option to disable the advertising information, but at no time may you block or filter the advertising information in a manner not expressly agreed by this Agreement or without ORUN’s written permission.

5. Paid Services

5.1 Some ORUN services may be provided by way of charging fees. If you use the paid service, you shall comply with the relevant agreement.

5.2 ORUN will publish a notification or announcement on the corresponding service page before such modifications, changes, or start of collecting fees. If you do not agree to the above modifications, changes, or paid content, you shall stop using the service.

6. Products or Services Provided by Third Parties

When you use products or services that a third party provides on the ORUN platform, you shall abide by the terms of this Agreement and also the third party’s user agreement. ORUN and the third party shall assume their respective liabilities accordingly for any disputes that may arise within the scope prescribed and required by law.

7. Intellectual Property Rights Statement

7.1  The intellectual property rights of the content (including but not limited to web pages, text, images, audios, videos, and graphics) provided by ORUN in the Services are owned by ORUN. The intellectual property rights of the content generated by users during the use of the Services are owned by the users or right holders.

7.2  Unless otherwise stated, the copyright, patent rights, and other intellectual property rights of software on which ORUN provides the Services are owned by ORUN.

7.3  The copyright or trademark rights of “ORUN”, “KAKA”, and other commercial trademarks and product images used by ORUN in the Services are owned by ORUN.

7.4  The intellectual property rights of the above and any other content contained in the Services are protected by law and no one may use or create derivative works in any form without the written permission of ORUN, the user, or the relevant right holder.

8. User Violation

8.1  You must abide by laws and regulations when you use the Services, and you must not use the Services to engage in any actions that violate laws and regulations, including but not limited to the following:

(1)   Publish, transmit, disseminate, or store any content that endangers national security, undermines social stability, breaks public orders and social ethics, involves insult, slander, obscenity, violence, or violates national laws and regulations.

(2)   Publish, transmit, disseminate, or store any content that infringes upon the legal rights of others’ intellectual property rights, trade secrets, etc.

(3)   Maliciously fabricate lies or conceal the truth to mislead and deceive others.

(4)   Publish, transmit, or disseminate advertising information and junk information.

(5)   Other acts prohibited by laws and regulations.

8.2  If you breach this clause, the relevant state agency or institution may file a lawsuit, fine, or take other sanctions against you and ask ORUN for assistance. If any damage is caused thereby, you shall compensate for such damage according to law, and ORUN shall not be held liable for it.

8.3  If ORUN discovers or receives reports from others saying that you have published information in violation of this clause, ORUN may, at its sole discretion, use technical means to delete, block, or disconnect the links. What’s more, ORUN is entitled to, based on the nature of the user’s behavior, take measures including but not limited to suspending or terminating services, restricting, freezing, or terminating the use of KAKA Account, and pursuing legal liabilities.

8.4  If you breach this clause and it causes damage to any third party, you shall be solely responsible for it. If ORUN suffers losses therefrom, you shall also compensate for ORUN’s losses.

9. Content Sent and Disseminated by Users and Handling of Third-party Complaints

9.1  You are solely responsible for the content that you send or disseminate through the Services, including but not limited to web pages, text, images, audios, videos, and graphics.

9.2  The content that you send or disseminate shall come from legal sources and such content shall be owned by you or authorized by the rights holder.

9.3  You agree that ORUN may use the content that you send or disseminate for the purpose of fulfilling this Agreement or providing the Services.

9.4  If ORUN receives a notice from the rights holder claiming that the content you have sent or disseminated has infringed upon its related rights, you agree that ORUN is entitled to, at its sole discretion, take measures such as deleting, blocking, or disconnecting the links.

10. Change, Suspension, and Termination of Services

10.1  ORUN may change the content of the services and may suspend, discontinue, or terminate the services.

10.2  You understand and agree that ORUN may at its sole discretion determine its business strategy. When a merger, division, acquisition, or asset transfer occurs in ORUN, ORUN may transfer the relevant assets under the Services to a third party, or transfer part or all of the services hereunder to a third party for operation or performance after giving you a notice. The specific transferee is subject to ORUN’s notification.

11. Terms of Use for Minors

11.1  If the user is under the age of 18, he or she is a minor. He or she shall read this Agreement and use the Services under the supervision and guidance of his or her guardian.

11.2  Minor users are unsophisticated, curious, and easily tempted by the virtual cyber world. As they cannot tactically handle it when anything crops up, they may be taken advantage of by people with ulterior motives because they lack self-protection ability. Therefore, when minors are using the Services, they shall pay attention to the following matters to improve their safety awareness and strengthen self-protection:

(1)   Recognize the difference between the cyber world and the real world, and avoid indulging in the cyber world to affect their daily study and life

(2)   Strengthen personal protection awareness when filling in personal data, to avoid harassment by undesirables

(3)   Learn to use the Internet correctly under the guidance of their guardians or teachers

(4)  Avoid meeting unfamiliar netizens or participate in fellowship activities at will, to avoid the outlaws from endangering their personal safety

11.3  Guardians and schools shall give more guidance to minors when they use the Services. In particular, parents shall care about their child’s growth, and frequently communicate with and guide their child to pay attention to safety issues and take preventative measures.

12. Miscellaneous

If you have any comments or suggestions about this Agreement or the Services, you may contact ORUN’s Customer Service Team and we will give you the necessary assistance.

ORUN Music LLC