Terms of Service

These Terms of Service (the "Terms") are a legally binding agreement between you and SONGSONG.ORG ("we," "us," or "our") and our affiliates, and apply to your access and use of all websites, mobile applications, products, features, content and services we provide (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to any part of these Terms, please do not use the Services. We may update these Terms from time to time, and the updated Terms will take effect when posted.

By using the Services, you represent and warrant that: (a) you are of legal age under applicable law (or of the age of consent in your jurisdiction) and have full legal capacity to enter into these Terms; (b) all information you submit is true, accurate and complete; and (c) your use of the Services does not violate any applicable law, regulation or third-party right.

We may update these Terms from time to time. If we make material changes, we will post the updated Terms in the Services and revise the "Last updated" date at the top of the page.

We reserve the right to modify, suspend or terminate the Services (or any part thereof) at any time without notice. We may temporarily interrupt the Services for maintenance, security, system failures or similar reasons, and you agree that you are not entitled to any refund or credit for such interruptions.

We may update these Terms from time to time. If we make material changes, we will post the updated Terms in the Services and revise the "Last updated" date at the top of the page. Your continued use of the Services after the changes take effect constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you should stop using the Services.

We collect, use and protect your personal information in accordance with our Privacy Statement. By using the Services, you consent to our processing of your information as described in the Privacy Statement.

We collect, use and protect your personal information in accordance with our Privacy Statement. The Privacy Statement explains what personal data we collect, how we use it, and what rights you have.

By using the Services, you consent to our collection, use, storage and sharing of your information as described in the Privacy Statement. If you have any questions about the Privacy Statement, please contact us using the contact information provided there.

Certain features of the Services may require you to register an account. You agree to provide true, accurate, current and complete registration information, to keep your account credentials confidential, and to be responsible for all activities under your account.

Certain features of the Services may require you to register an account (an "Account"). When registering an Account, you agree to provide true, accurate, current and complete registration information ("Registration Data") as requested, and to promptly update your Registration Data to keep it accurate and complete.

We may reject your use of a particular user ID or email address for any reason, such as that the ID is already being used by someone else, may be construed as impersonating another person, belongs to another person, violates the intellectual property or other rights of any person, or is offensive.

You are responsible for maintaining the confidentiality of your account credentials (including username and password) and for all activities that occur under your Account, whether or not authorized by you. You agree not to disclose your account credentials to any third party, not to remain logged in on public or shared devices, and to notify us immediately of any unauthorized use of your Account or any other security breach.

We reserve the right to refuse, suspend or terminate your Account for any reason, including but not limited to your violation of these Terms, engagement in prohibited activities, or infringement of others' rights. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. You may not engage in fraudulent, infringing, disruptive or harmful activities.

Our Services are intended for learning, entertainment and lawful purposes only. You understand and agree that you assume full responsibility for your use of the Services. When using the Services, you must comply with all applicable laws, regulations, ordinances, rules and other legal requirements.

You agree that, in connection with your use of the Services, you will not:

• Use the Services for any illegal, fraudulent, unauthorized or infringing purpose, including collecting usernames and/or email addresses of other users by electronic or other means, using the system to send unsolicited or commercial emails or other communications, or engaging in unauthorized framing, mirroring or linking to the Services without our express written consent;
• Post, upload, publish, submit or transmit any Content that infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
• Post, upload, publish, submit or transmit any Content that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• Post, upload, publish, submit or transmit any Content that is fraudulent, false, misleading or deceptive;
• Post, upload, publish, submit or transmit any Content that is defamatory, obscene, pornographic, vulgar or offensive;
• Post, upload, publish, submit or transmit any Content that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
• Post, upload, publish, submit or transmit any Content that is violent or threatening or promotes violence or actions that are threatening to any person or entity;
• Post to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
• Take any action that would interfere with, disrupt or create an undue burden on the Services or the networks, infrastructure or functionalities connected to them;
• Use any meta tags, "hidden text," agents, robots, scripts, spiders, crawlers or other manual or automated tools to collect, retrieve, scrape, index, mine, republish, redistribute, transmit, sell, license, download, access or manage any information from the Services or any other user;
• Distribute, transmit, reproduce or otherwise make available any software viruses, worms, spyware, adware, malware, program, code, file or other technology that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
• Impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or express or imply that we endorse any statement you make;
• Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Services;
• Use the Services to develop competing products or services, build a product or service using similar ideas, features, functions or graphics as the Services, or determine whether the Services are within the scope of any patent;
• Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use, access or copying, or that enforce other limitations of use on the Services; or
• Assist or permit any persons in violating these Terms or other applicable laws or rules governing the use of the Services.

You are granted a limited, non-exclusive right to create text hyperlinks to the Services, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and the linking site does not contain unlawful or objectionable material.

You are granted a limited, non-exclusive right to create text hyperlinks to the Services for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising.

Additionally, subject to compliance with any instructions posted in the robots.txt file located in a Website's root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.

Either we or you may terminate these Terms. We may terminate your access at any time upon notice to you, and you may terminate these Terms by written notice to us. Upon termination, you must cease use of the Services and destroy all Content obtained from the Services.

The Services and these Terms are in effect until terminated by you or us. We may terminate these Terms by notifying you using any contact information we have about you or by posting such termination on the Website or in your Account. You may terminate these Terms by providing written notice of termination, including your detailed contact information and any Account information or other Service credentials, to us using the information in the Contact Us section.

Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to our Services to any person for any reason, including, without limitation, for engaging in prohibited activities, breach of any representation, warranty or covenant contained in these Terms, or breach of any applicable law or regulation.

The provisions of these Terms concerning protection of intellectual property rights, authorized use, User Content, disclaimers, limitations of liability, indemnity and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon any such termination, (i) you must destroy all Content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) we may delete or disable access to any of your User Content at any time; and (iv) we may delete your Account at any time. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore.

Certain Services may allow you to purchase premium features or subscriptions. All payments are non-refundable, subscriptions renew automatically until cancelled, and EEA, Swiss and UK residents have a 14-day withdrawal right.

Some of our Services may allow you to purchase premium features that provide an enhanced experience and/or expanded functionalities ("Premium Features"). Although we offer different types of Services, these Terms apply to all Premium Features. We may make improvements or changes to the Premium Features or terminate our offering of Premium Features at any time without notice.

Purchases and Subscriptions. When you purchase Premium Features, you can choose to make a one-time purchase giving you lifetime access to the Premium Features ("Lifetime Access") or you can purchase a monthly or yearly subscription to access the Premium Features ("Subscription"). When you purchase a Subscription, we automatically bill the payment method on file based on the term you select until terminated. You can change your Subscription frequency or cancel your Subscription through your app store settings at any time within 24 hours of the next scheduled payment date. By purchasing a Subscription, you authorize us to charge your payment method up to 24 hours before the end of the current Subscription term.

No Refunds. Payments for Lifetime Access and Subscriptions are non-refundable. We do not provide partial refunds or credits for unused periods. Following any cancellation of your Subscription, you will continue to have access to the Premium Features through the end of your Subscription term.

Taxes. If we are legally required to collect sales tax on your order, the tax amount will be added automatically to your purchase price.

Free Trial. We may offer a free trial of the Premium Features ("Free Trial"). We may limit the eligibility, duration and features available through the Free Trial in our sole discretion. You must provide a payment method and choose a Subscription frequency in order to access the Free Trial. At the end of the Free Trial term, the Subscription chosen will automatically begin and your payment method will be charged the subscription price agreed upon.

For European Economic Area ("EEA"), Swiss and United Kingdom ("UK") residents only. Notwithstanding the foregoing, if you are a resident of the EEA, Switzerland or the UK, you have 14 days from the date you signed up for a Subscription to cancel for any reason and receive a refund, provided that we may charge you or withhold from your refund the value of any Premium Features used through your account during such period. If you signed up for a Free Trial, the 14-day period begins on the date that you signed up for the Free Trial.

All content, marks, software, code, designs and materials in the Services are protected by copyright, trademark and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable license for personal use.

All names, logos, text, designs, graphics, interfaces, code, software, images, audio, video, photographs and other content appearing in or on the Services (collectively, "Content") are protected by copyright, trademark and other intellectual property laws under the laws of China and foreign countries and international conventions, and are owned by or used with permission or under license by SONGSONG.ORG and its licensors. You do not acquire any right, title or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved. Except as set forth in these Terms, the use of any Content is strictly prohibited.

Subject to your compliance with these Terms, SONGSONG.ORG grants you a limited, non-exclusive, non-transferable license to (1) access and use the Services and the Content solely for your own personal, non-commercial purposes and (2) download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. You may not copy the App, except for making one copy for backup or archival purposes. If you make a copy for your own backup or archival purposes, you must retain all trademark, copyright and other proprietary notices contained in and on the Services. No Content may be reproduced, republished, performed, displayed, downloaded, posted, transmitted or distributed in any way without written permission of SONGSONG.ORG.

You are fully responsible for any content you post, upload or transmit through the Services. You grant us a license to use such content so that we can operate and improve the Services.

You are entirely responsible for all content that you make available through the Services, post to the Services, upload to us or transmit through the Apps or Website ("User Content"). You agree, represent and warrant that any User Content you post or transmit through our Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights or any other harm resulting from such User Content.

PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS OR OTHER MATERIALS THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you submit any User Content to SONGSONG.ORG, you automatically grant to SONGSONG.ORG (or warrant that the owner of such information and material has expressly granted to SONGSONG.ORG) a royalty-free, worldwide, perpetual, sublicensable, irrevocable and unrestricted right and license to (a) use, copy, display, perform, modify, adapt, publish and distribute or otherwise make available such User Content (including any associated intellectual property rights), in whole or in part, for any purpose, and (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works). Additionally, you irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory.

You agree that: (i) we are free to use such User Content for any purpose; (ii) such User Content will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

Interactive Features and Forums. We may host message boards, user-generated content, reviews, blogs, games and other interactive features or services through which users can post or upload User Content or otherwise interact with our Services (each, a "Forum"). We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content, and are acting only as a passive conduit for such User Content. WE RESERVE THE RIGHT TO REMOVE ANY FORUM CONTENT, OF ANY VARIETY, AT ANY TIME FOR ANY REASON.

Our Rights. You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content before allowing it to be posted on a Site, in an App or on any Forum; (b) monitor User Content and Forums; (c) alter, remove, reject or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; and/or (d) disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to operate the Services, to protect us or our users, to comply with legal obligations or governmental requests, to enforce these Terms, or for any other reason or purpose we deem appropriate.

The availability of the Services may depend on third-party app stores from which you download the Services. These Terms are between you and us, not the third-party app store. Third-party app stores may have their own terms and conditions.

You acknowledge and agree that the availability of the Services may be dependent on third-party websites from which you download the Service (each a "Third Party App Store"). You acknowledge that these Terms of Service are between you and SONGSONG.ORG and not with the applicable Third-Party App Store. Each Third-Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. These terms provided by the Third Party App Store may provide us, and the Third Party App Store, additional rights while posing additional obligations or restrictions on you. Please review such terms; you are solely responsible for reviewing and understanding those terms and ensuring you have the latest version.

If you downloaded an App from the Apple "App Store," you are subject to Apple's Licensed Application End User License Agreement. If you downloaded the App from the "Google Play" store, you are subject to the Google Play Terms of Service. If you used a different third party service, check with the applicable Third Party App Store to determine what additional terms may apply.

The Services may contain links to third-party websites or services. We are not responsible for the content, policies or practices of third-party sites or services. Accessing third-party links is at your own risk.

The Service may contain links to websites, social media pages, mobile applications or other services operated by third parties ("Third Party Sites"). For example, you may be able to share information with Third-Party Sites through links on the Services. If you click these links, you will leave our Website or Apps. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

We do not own or operate the Third-Party Sites, and we have not reviewed all of the material, including goods or services, made available through Third-Party Sites. The availability of these links on the Services does not represent, warrant or imply that we endorse or otherwise sponsor any Third-Party Sites or any materials, opinions, goods or services available on them. Third-party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws.

These Terms of Service do not apply to third-party sites. Before visiting a Third-Party Site through links or other means provided on or through the Service, you should review the Third-Party Site's terms and conditions and privacy policy, and inform yourself of the regulations, policies and practices of these Third-Party Sites.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

These Terms apply exclusively to your access to, and use of, the Services and do not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise.

These Terms apply exclusively to your access to, and use of, the Services and do not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise.

Our use of your personal information is governed by our Privacy Statement, which you should refer to in order to fully understand how we use and collect information. Should we employ you, these Terms are not considered part of an employment contract or an offer for employment.

Please read this section carefully. It requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from us. If you are located in the EU or the UK, these provisions will not affect your right to resolve disputes in your local court or tribunal.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU FURTHER UNDERSTAND THAT THE RIGHTS TO DISCOVERY AND APPEALS MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. IF YOU ARE LOCATED IN THE EU OR THE UK, THESE PROVISIONS WILL NOT AFFECT YOUR RIGHT TO RESOLVE DISPUTES IN YOUR LOCAL COURT OR TRIBUNAL.

Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. You may choose to be represented by a lawyer in arbitration or proceed without one. This arbitration provision shall survive termination of these Terms.

Initial Dispute Resolution. We want to address your concerns without needing a formal legal case. For any dispute with SONGSONG.ORG, you agree to first contact us by email or mail and attempt to resolve the dispute with us informally to address any concerns you may have regarding your use of the Services. Your Notice of Dispute must be individual to you and must include, as applicable, your name, your email address and your residential address. The Notice of Dispute also must explain the facts of the dispute as you understand them and tell us what you want us to do to resolve the issue. You agree to use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations, and you agree that a Notice of Dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, shall be a precondition to either party initiating a lawsuit or arbitration.

Agreement to Binding Arbitration. In the unlikely event that we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued, then either you or we may initiate binding arbitration. All disputes, claims or controversies arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in China before one arbitrator or submitted to the competent small claims court in China. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Seeking Arbitration. If you elect to seek arbitration or file a small claim court action, you must first send to us a written notice of your claim ("Notice"). The Notice to us must describe the nature and basis of the claim or dispute and set forth the specific relief sought ("Demand"). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.

Governing Law and Rules. These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to conflict or choice of law rules. In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.

The Services are provided on an "as is" and "as available" basis without warranties of any kind. To the fullest extent permitted by applicable law, we are not liable for any indirect, incidental, special, punitive or consequential damages.

Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICES, WE DO NOT MAKE ANY REPRESENTATIONS ABOUT OR IMPLY THAT WE ENDORSE ANY USER CONTENT OR CONTRIBUTIONS AVAILABLE ON OR LINKED TO BY THE SERVICES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE'S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICES, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON OR LINKED TO BY THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

Limited Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR LOST PROFIT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATIONS OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

You agree to indemnify and hold us harmless from any claims, losses, liabilities, costs or expenses arising from your breach of these Terms, your use of the Services, or your User Content.

You agree to indemnify, defend and hold harmless SONGSONG.ORG and its affiliates, directors, officers, employees, agents, partners and licensors from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with the Services; (iii) your User Content; or (iv) your infringement of any rights of us, our users or any other third parties, including intellectual property, privacy or publicity rights.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Notwithstanding any terms set forth in these Terms, if any provision is held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you, but the rest of these Terms shall remain binding on you and the Company.

Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth in these Terms are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you, but the rest of these Terms of Service shall remain binding on you and the Company. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys' fees, court costs or other damages are mandated by statute. Notwithstanding any provision in these Terms of Service, nothing in these Terms of Service is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

Under California Civil Code Section 1789.3, users located in California are entitled to specific consumer rights notice.

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to simonchen123123#gmail.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-125 or (800) 952-5210.

We follow the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA). If you believe any User Content on the Services infringes your copyright, please send us a DMCA notice.

We follow the notice and takedown provisions of the Digital Millennium Copyright Act (the "DMCA"). This section describes the information that should be present in notices of alleged copyright infringement and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA.

If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User Content on the Service infringes upon your copyrights, you may submit a takedown notification to us by sending an email to simonchen123123#gmail.com with the Subject Line "DMCA Notice" and include the following:

• Identify the copyrighted work that you claim has been infringed;
• Identify the material or link on our Services that you claim is infringing your copyrighted work;
• Provide your full legal name, company affiliation, mailing address, telephone number and email address; and
• Include in the body of your notice the following statement, followed by your electronic or physical signature: "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our user's access to and use of our Services if, under appropriate circumstances, the alleged user is determined to be a repeat infringer of the copyrights or other intellectual property rights of SONGSONG.ORG or others.

This section contains general terms regarding non-waiver, severability, assignment, no modifications by employees, mobile services, entire agreement and consent to electronic communications.

Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.

Severability. These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

No Modifications by Our Employees. If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

Mobile Services. Some of the Services may be available via your mobile phone through the Apps you have downloaded and installed on your mobile phone. Please note that your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices in all jurisdictions.

Entire Agreement; No Waiver. The Terms of Service and any other legal notices published on the Apps or Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.

Consent to Communication. When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Websites or Apps. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

If you have any questions, comments or concerns about these Terms of Service, please contact us at simonchen123123#gmail.com.

If you have any questions, comments or concerns about these Terms of Service, or wish to exercise any rights under these Terms, please contact us using the following information:

Email: simonchen123123#gmail.com

We will respond to your questions or concerns within a reasonable time.