TME Tencent Music Entertainment Group

TME Service Agreement

Foreword

Welcome to the services of Tencent Music Entertainment Group (hereinafter referred to as "TME").

To use TME services, you shall carefully read and abide by the TME Service Agreement (hereinafter referred to as "this Agreement"), "QQ Number Rules", "QQ Music Service Licensing Agreement", "Kugou Music User Service Agreement", "Kuwo Music User Service Agreement", and related service agreements for TME products or platforms such as WeSing, Kugou Live, Kuwo Star, 5Sing, and Tencent Musicians. 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 TME unless you have read and accepted all the terms of this Agreement. Your use of TME 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 TME regarding the use of TME-related services by users. "TME" refers to TME and possible associated operating units of TME-related services. "User" refers to the user of TME-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 TME 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").

1.3  The content of this Agreement shall include QQ Number Rules (link address: http://zc.qq.com/chs/agreement1_chs.html) and Privacy Policy (link address:https://www.tencentmusic.com/en-us/privacypolicy.html). In addition, when you are using products or services of a particular TME platform, you are subject to separate agreements, related business rules, etc. (collectively referred to as "the Separate Agreements"). Once the above content is officially released, it becomes an integral part of this Agreement and you shall also abide by it. Your acceptance of any of the aforementioned business rules and the Separate Agreements signifies your acceptance of this entire Agreement.

2.  Account and Password Security

2.1  You may need to register an account before using TME services. Please follow the QQ Number Rules and the Separate Agreements regarding specific rules for your use of the account.

2.2  TME reminds you that you shall keep your account number and password properly. You shall log out safely after use. You shall be responsible for any consequences that may arise from an account number or password theft due to improper keeping.

3.  Protection of User's Personal Information

3.1  Protecting users' personal information is a fundamental principle of TME. TME will collect, use, store, and share your personal information in accordance with this Agreement and the Privacy Policy (link address:https://www.tencentmusic.com/en-us/privacypolicy.html). Where a conflict exists between the content of personal information protection provisions herein and the above-mentioned Privacy Policy, or where the content of personal information protection is not clearly defined herein, the Privacy Policy shall prevail.

3.2  You may need to fill in the necessary information when you register an account or use the Services. You need to fill in your real identity information if there are special provisions in national laws and regulations. You will not be able to use the Services or your use will be restricted if the information you fill in is incomplete.

3.3  In general, you may view and modify the information that you submit at any time. However, for security and identification (such as number complaint service) purposes, you may not be able to modify your initial registration information and other verification information provided at the time of registration.

3.4  TME will use a variety of security technologies and procedures to establish a sound management system to protect your personal information from unauthorized access, use, or disclosure.

3.5  TME will not transfer or disclose your personal information to any non-associated third party, unless:

(1)   Required by relevant laws and regulations, judicial organs, law enforcement agencies, or government departments;

(2)   It is necessary for a merger, division, acquisition, or alienation or transfer of assets; or

(3)   It is necessary to provide the services you have requested.

3.6  TME attaches great importance to the protection of minors' personal information. If you are a minor under the age of 18, you shall obtain prior written consent from your parent or legal guardian (hereinafter referred to as "the Guardian") before you use TME's services.

4.  The Way to Use the Services

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

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

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

5.  Providing the Services on an "As Is" Basis

You understand and agree that the TME services are provided based on existing technology and conditions. TME will do its utmost to provide you with the services and ensure the continuity and security of such services. However, TME cannot foresee and guard against legal, technical, and other risks, including but not limited to service interruption, data loss, and other losses and risks that may result from force majeure, viruses, Trojans, hacker attacks, system instabilities, third party service flaws, and government actions.

6.  Self-provided Equipment

6.1  You shall understand that you will need to prepare terminal devices (such as computers and modems) for the related TME services at your own expense (such as telephone bills and Internet access fees).

6.2  You understand and agree that your use of the Services will consume resources such as your terminal devices and bandwidth.

7.  Advertising

7.1  You agree that TME 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.

7.2  TME 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 TME's written permission.

7.3  TME shall fulfill its obligations to the advertiser in accordance with legal provisions. You shall judge the authenticity of the advertising information and be responsible for your judgment. Unless otherwise stipulated by law, you shall be liable for any loss or damage arising from transactions conducted based on such advertising information or the content provided by such advertiser. TME shall not be held liable for any such loss or damage.

7.4  You agree that you shall carefully judge the authenticity and reliability of the advertising information appearing in TME services, and you shall be responsible for transactions conducted based on the advertising information except as expressly provided by law.

8.  Paid Services

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

8.2  TME may modify and change the charging standards and methods of paid services according to actual needs. TME may also start to collect fees on some free services. TME 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.

9.  Products or Services Provided by Third Parties

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

10.  Service Provided Based on Software

If TME provides services to you based on software, you shall also abide by the following:

10.1  You may be required to download some software during the use of the Services, for which TME gives you a personal, non-transferable, and non-exclusive license. You may use this software only for the purpose of accessing or using the Services.

10.2  TME may upgrade such software to improve user experience and to ensure service security and the consistency of product functions. You shall upgrade the relevant software to the latest version; otherwise TME does not guarantee that it will work properly.

10.3  TME may develop different software versions for different terminal devices. You shall choose to download and install the appropriate version according to your actual situation. You can obtain the software directly from various websites of TME platforms, or from a third party authorized by TME. If you obtain software or installation programs with the same name as such software from a third party unauthorized by TME, TME cannot guarantee that such software will function properly and TME will not be liable for any damages thereby caused to you.

10.4  You may not engage in any of the following actions except with TME's written permission:

(1)   Delete the copyright information on the software and its copies.

(2)   Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code for the software.

(3)   Use, rent, lend, copy, modify, link, reproduce, compile, announce, publish, or create mirror image websites for the content for which TME owns the intellectual property rights.

(4)   Copy, modify, add, delete, hook up, or create any derivative works for data in the software or data released to any terminal memory during the running of the software, interactive data between the client and the server during the running of the software, and system data necessary to run the software, in a form including but not limited to the use of plug-ins, add-ons, or third-party tools/service access software and related systems without TME's authorization.

(5)   Add, delete, or change the functions or operation effects of the software by modifying or fabricating instructions in software operation, or operate or transmit software or methods for the above purposes to the public, regardless of whether such behaviors are for business purposes.

(6)   Log in or use TME's software and services through third-party software, plug-ins, add-ons, or systems that are not developed or authorized by TME, or produce, publish, or distribute third-party software, plug-ins, add-ons, or systems that are not developed or authorized by TME.

11.  Intellectual Property Rights Statement

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

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

11.3  The copyright or trademark rights of "TME", "QQ Music", "Kugou", "Kuwo", "WeSing", and other commercial trademarks and product images used by TME in the Services are owned by TME.

11.4  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 TME, the user, or the relevant right holder.

12.  User Violation

12.1  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.

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

12.3  If TME discovers or receives reports from others saying that you have published information in violation of this clause, TME may, at its sole discretion, use technical means to delete, block, or disconnect the links. What's more, TME 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 QQ numbers, and pursuing legal liabilities.

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

13.  Compliance with Local Laws and Regulations

13.1  You shall abide by local laws and regulations and respect local ethics and customs when you use the Services. If your actions violate local laws, regulations, or ethical customs, you shall be solely responsible for such violation.

13.2  You shall avoid involving TME in political and public events arising from the use of the Services; otherwise TME is entitled to suspend or terminate providing services to you.

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

14.1  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.

14.2  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.

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

14.4  If TME 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 TME is entitled to, at its sole discretion, take measures such as deleting, blocking, or disconnecting the links.

14.5  You must not violate national laws and regulations or infringe upon the lawful rights and interests of others when you use the Services. You understand and agree that if someone complains that you have infringed upon their rights or you complain about others' infringement, TME is entitled to provide the necessary information such as the names of the relevant parties, contact information, and specific content of the complaint to other disputing parties or relevant departments to resolve the complaint in a timely manner and protect the legitimate rights and interests of others.

15.  Force Majeure and Other Exemptions

15.1  You understand and agree that in the course of using the Services, you may encounter force majeure and other risk factors, which may cause the Services to be suspended. Force majeure refers to unforeseeable, insuperable, and indispensable objective events that have a significant impact on either party or both parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemics, and storms, and social events such as wars, turmoil, and government actions. In any of the above circumstances, TME will try to cooperate with the relevant organizations for timely treatment. However, TME is exempt from any liability for the damage caused to you within the scope permitted by law.

15.2  To the extent permitted by law, TME shall not be held liable for service interruptions or obstructions caused by:

(1)   computer viruses, Trojans, or other malicious programs or hacker attacks

(2)   failure of the user's or TME's computer software, system, hardware, and communication lines

(3)   the user's improper operation

(4)   the user uses the Services by means unauthorized by TME

(5)   other circumstances that TME cannot control or reasonably foresee

15.3  You understand and agree that in the course of using the Services, you may encounter risks arising from network information or other user actions. TME is not responsible for the authenticity, applicability, or legality of any information, or any damage to you caused by any infringement act. These risks include but are not limited to:

(1)   information containing threats, slander, or offensive or illegal content from an anonymous or pseudonymous source

(2)   misunderstanding or deception by others, and other psychological or physical damages or economic losses caused or likely to be caused by the use of the services hereunder

(3)   other risks caused by network information or user behaviors

15.4  You understand and agree that the Services are not designed for specific purposes, including but not limited to nuclear facilities, military applications, medical facilities, transportation and communications, and other important areas. TME is not liable for any personal injury, property damage, environmental damage, etc. caused by the above operation failure for software or service reasons.

15.5  TME shall have the right to deal with illegal activities and violations in accordance with this Agreement. This right does not constitute an obligation or commitment of TME, and TME cannot guarantee the timely detection of illegal activities or timely handling accordingly.

15.6  Under no circumstances shall you trust money borrowing, password requests, or other network information involving property. For any network information involving property operations, you must first verify the identity of the other party and always pay attention to TME's tips on preventing fraud.

16.  Execution and Change of the Agreement

16.1  Your use of TME's services signifies that you have read and agreed to be bound by this Agreement.

16.2  TME is entitled to modify the terms of this Agreement when necessary. You can view the latest version of terms of this Agreement on the relevant service page.

16.3  After the terms of this Agreement have been changed, if you continue to use the software or services provided by TME, it signifies that you have accepted the modified agreement. If you do not accept the modified agreement, you shall stop using the software or services provided by TME.

17.  Change, Suspension, and Termination of Services

17.1  TME may change the content of the services and may suspend, discontinue, or terminate the services.

17.2  You understand and agree that TME may at its sole discretion determine its business strategy. When a merger, division, acquisition, or asset transfer occurs in TME, TME 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 TME's notification.

17.3  In any of the following circumstances, TME is entitled to suspend or terminate the services provided to you without notice:

(1)   You have submitted untruthful personal information or the personal information you have provided is inconsistent with that provided at the time of registration without giving any reasonable proof when you are required to submit truthful information according to the law.

(2)   You have violated the relevant laws and regulations or this Agreement.

(3)   You have violated the relevant laws or requirements of the competent authority.

(4)   There are security reasons or other necessary circumstances.

17.4   TME is entitled to collect fees in accordance with Article 8.2 of this Agreement. TME is entitled to discontinue, suspend, or terminate the provision of services if you do not make the payment in full and on time.

17.5  It is your responsibility to back up the data stored in the Services. If your services are terminated, TME can permanently delete your data from the server, unless otherwise stipulated by laws and regulations. After the termination of the services, TME is not obligated to return the data to you.

18.  Governing and Applicable Laws

18.1  The creation, execution, performance, interpretation, and resolution of this Agreement shall be governed by the laws of the People's Republic of China (excluding the conflict of laws).

18.2  This Agreement was signed in Nanshan District, Shenzhen City, Guangdong Province, People's Republic of China.

18.3  If any dispute or controversy arises between you and TME, you shall first settle it through friendly negotiation; if the negotiation fails, you agree to submit the dispute or controversy to the People's Court with jurisdiction in the place where this Agreement is signed (that is, Nanshan District, Shenzhen City, Guangdong Province, China) for ruling.

18.4  The headlines of all terms herein are for convenient reading only, and have no actual meaning and cannot be used as a basis for the interpretation of this Agreement.

18.5   If part of the terms of this Agreement is invalid or unenforceable for any reason, the remaining terms remain valid and binding on both parties.

19.  Terms of Use for Minors

19.1  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.

19.2  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

19.3  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.

20.  Miscellaneous

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

 

Tencent Music Entertainment Group


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