Terms of service
Última actualización: 2026-05-11
1. Introduction and Acceptance of Terms
These Terms of Service (the “Terms”) govern your access to and use of websites, applications, APIs, and related services (collectively, the “Service”), made available to you by Neo Sounds Limited, a company incorporated under the laws of Hong Kong, and its affiliates (“Company”, “we”, “us”, or “our”).
By accessing or using the Service, creating an account, downloading any Assets, purchasing a subscription, or obtaining any license, you (“you”, “your”) agree to be bound by these Terms, our Privacy Policy, and any applicable License Agreement (as defined below). If you do not agree to these Terms, you must not use the Service.
You represent and warrant that: (i) you are of legal age to form a binding contract under applicable law; (ii) you have the authority to enter into these Terms; (iii) if acting on behalf of an entity, you are authorized to bind that entity; (iv) you will comply with all applicable laws and regulations.
2. Relationship Between Terms and License Agreements
The Company provides access to sound recordings, music, and related content (the “Assets”). Certain use rights relating to the Assets are governed by separate license agreements applicable to Assets, Subscription Plans, or other offerings made available by the Company (each, a “License Agreement”). By purchasing, subscribing to, downloading, accessing, or otherwise obtaining any Assets, Subscription Plans, or licenses offered by the Company, you agree to be bound by the applicable License Agreement, these Terms, and the Privacy Policy, which together constitute the “Agreement”.
License Agreements govern the permitted use of Assets, including applicable usage rights, restrictions, monetization rights, limitations, and duration of use rights. These Terms govern access to and use of the Service, account registration, billing, payments, and other rules relating to the operation of the Service.
To the extent of any conflict, the applicable License Agreement shall prevail with respect to the use of Assets.
3. Account Registration and Personal Data
3.1. To access certain features of the Service and utilize various licenses offered by the Company, you are required to (i) create an account with the Company; (ii) ensure that all information and details provided in connection with your account or use of the Service, including, where applicable, your name, email address, phone number, address, billing information, and payment information, are complete, accurate, and up to date; (iii) pay all applicable fees and taxes, unless the relevant Service, Subscription Plan, access rights, or License Agreement is provided free of charge, on a trial, promotional, evaluation, complimentary, demo, or other basis authorized by the Company.
3.2. You are strictly prohibited from: (i) providing false, inaccurate, fraudulent, or misleading information in connection with your account or use of the Service, including with respect to your identity, contact information, billing information, payment methods, or affiliation with any individual or entity; (ii) using email addresses, usernames, company names, payment methods, or other identifying information that you are not authorized to use; (iii) impersonating any individual or entity; (iv) sharing account access without authorization; (v) creating multiple accounts to circumvent restrictions, limitations, enforcement actions, or eligibility requirements; or (vi) otherwise engaging in deceptive or misleading conduct in connection with the Service. The Company reserves the right to suspend, restrict, or terminate accounts that violate these Terms.
3.3. You are solely responsible for maintaining the confidentiality and security of your account credentials, authentication methods, and account access mechanisms, including login credentials, passwords, email addresses, phone numbers, authentication tokens, single sign-on integrations, or third-party authentication methods associated with your account, and for all activities conducted through your account. You must notify the Company immediately upon becoming aware of any unauthorized access to, use of, or security breach relating to your account.
If an account is created or used on behalf of an entity, such entity is responsible for all activities conducted through the account by its employees, contractors, representatives, or other authorized users.
4. Access and Licensing Models
The Company offers the following access and licensing models:
4.1. Single Asset Licensing. A Single Asset License grants you a limited right to download and use one specific Asset. The scope, permitted uses, restrictions, duration, and other applicable terms governing such use shall be governed exclusively by the applicable License Agreement.
4.2. Subscription Plans. The Company may offer time-limited subscription plans that provide access to all or part of the Company’s Asset catalogue (each, a “Subscription Plan”).
A Subscription Plan becomes active on the date of activation, renewal, or commencement of any applicable trial period and continues for the subscription term selected at the time of purchase or enrollment (the “Subscription Period”), unless earlier terminated or suspended in accordance with these Terms or the applicable License Agreement.
An “Active Subscription” means a Subscription Plan that is valid, active, paid where applicable, and not expired, terminated, or suspended. During an Active Subscription, you may access and download Assets made available within the scope of the applicable Subscription Plan, subject to these Terms and the applicable License Agreement.
4.3. Each Single Asset License or Subscription Plan may include different rights, features, pricing, and limitations, and is governed by its respective License Agreement. Access to Assets does not, by itself, grant any usage rights unless such rights are expressly granted under a valid License Agreement, whether paid, trial, promotional, evaluation, complimentary, demo, or otherwise made available by the Company.
Certain Subscription Plans or License Agreements may permit access to or use of the Service by multiple authorized users, collaborators, employees, contractors, or representatives, subject to the terms, limitations, and restrictions applicable to such plans or licenses.
4.4. The Company’s Asset catalogue is dynamic. Assets may be added, replaced, restricted, or removed from the Service from time to time. Such actions shall not, by themselves, constitute a modification of any applicable License Agreement or Subscription Plan.
4.5. Preview and Evaluation Access. Subject to these Terms, the Company may make certain Assets available for streaming, preview, browsing, or evaluation purposes through the Service, including without limitation through embedded players, previews, watermarked files, or similar functionality.
Unless expressly permitted under an applicable License Agreement, such access is provided solely for evaluation, discovery, internal review, or testing purposes. Preview, streaming, or evaluation access does not grant any right to publicly use, synchronize, reproduce, distribute, monetize, publish, or otherwise exploit any Asset. Any use of Assets outside mere evaluation or internal review requires a valid License Agreement.
You may not extract, capture, record, distribute, or otherwise use preview versions of Assets outside the Service except as expressly permitted by the Company.
5. Fees, Payments, and Billing
5.1. You agree to pay all applicable fees associated with Subscription Plans, Single Asset Licenses, and any additional services or features offered by the Company for which payment is required.
5.2. Subscription Plans may be offered on a recurring or non-recurring basis, and may be paid, free, promotional, trial-based, or otherwise made available by the Company. Where fees apply, such fees shall be charged in advance for each Subscription Period. Unless otherwise specified at the time of purchase or enrollment, recurring Subscription Plans will automatically renew for successive Subscription Periods of the same duration unless canceled before the commencement of the next Subscription Period.
5.3. Payments may be processed through third-party payment processors, payment gateways, app stores, marketplaces, or other payment service providers (“Payment Providers”). You agree to provide accurate billing information, and promptly update any changes to it (such as card numbers and address), and authorize us to charge your payment method. Your use of such Payment Providers may be subject to their respective terms, conditions, and privacy policies. The Company is not responsible for the acts, omissions, errors, downtime, security breaches, or processing failures of any Payment Provider.
If a payment for a Subscription Plan cannot be successfully processed, the Company may suspend, restrict, or terminate the applicable Subscription Plan, retry charging the payment method, or otherwise take billing-related actions in accordance with applicable law, the policies of the relevant Payment Provider, and the Company’s applicable billing practices or policies.
5.4. Each transaction will be taxed in accordance with the laws and regulations governing that specific transaction.
6. Refunds
6.1. Subscription Plans. Unless otherwise required by applicable law, you may request a refund for fees paid for a Subscription Plan only if: (i) you submit your refund request within fourteen (14) calendar days from the date of the initial purchase or renewal of the applicable Subscription Plan (the “Refund Period”); and (ii) you have not downloaded any Assets under the applicable Subscription Plan during the Refund Period.
For the avoidance of doubt, once you download any Asset during the Refund Period, the applicable Subscription Plan becomes ineligible for a refund.
6.2. Single Asset Licenses. Except as otherwise required by applicable law, all purchases of Single Asset Licenses are final and non-cancellable. You will not be entitled to a refund once download of the applicable Asset has commenced. The Service provides previews, samples, or other evaluation functionality intended to allow you to review Assets prior to obtaining a License.
Notwithstanding the foregoing, you may request a refund in cases involving: (i) technical failures of the Service; (ii) duplicate or erroneous charges; or (iii) corrupted, defective, or inaccessible digital files. The Company may also, at its sole discretion, issue refunds in other exceptional circumstances.
Any refund request relating to a Single Asset License must be submitted within fourteen (14) calendar days from the date of purchase. Approved refunds are typically processed within seven (7) business days, although actual processing times may vary depending on the payment provider or financial institution.
7. Prohibited Uses
You may use the Service and Assets only in accordance with these Terms, the applicable License Agreements, and all applicable laws and regulations. You agree not to engage in, facilitate, authorize, or permit any activity that violates these Terms, any applicable License Agreement, or applicable law, including without limitation the following:
7.1. Misuse of the Service. You shall not: (i) access or use the Service through automated means, including bots, scrapers, crawlers, spiders, harvesting tools, or similar technologies, except where expressly authorized by the Company; (ii) interfere with, disrupt, damage, impair, overload, or compromise the operation, integrity, security, or performance of the Service or any related systems or infrastructure; (iii) circumvent, disable, bypass, or otherwise interfere with any security features, technical protections, access restrictions, download limitations, or usage controls implemented by the Company; (iv) reverse engineer, decompile, disassemble, attempt to derive source code from, or otherwise attempt to discover the underlying structure, algorithms, technology, or proprietary functionality of the Service; (v) use the Service in any manner intended to compete with the Service or to develop a competing assets library, platform, database, or service; (vi) access or use the Service in a manner that generates excessive, abusive, or abnormal activity inconsistent with ordinary human use; (vii) share, transfer, sublicense, sell, lease, or otherwise provide access to your account to any unauthorized third party; (viii) use the Service in violation of any applicable export control laws, sanctions regulations, or trade restrictions; or (ix) use the Service for any unlawful, fraudulent, deceptive, or malicious purpose.
The Company reserves the right to monitor use of the Service and to suspend, restrict, or terminate access where it reasonably believes that abusive, unauthorized, or prohibited activity has occurred.
7.2. Unauthorized Use of Assets. Use of Assets is governed exclusively by the applicable License Agreement. Without limiting any restrictions contained therein, you shall not: (i) use any Assets without a valid License Agreement; (ii) use any Assets outside the scope of rights granted under the applicable License Agreement; (iii) redistribute, resell, sublicense, transfer, share, publish, upload, or otherwise make Assets available to third parties except as expressly permitted; (iv) make Assets available on a standalone basis or in any manner that enables independent access, extraction, reuse, or exploitation of the Assets; (v) upload, register, fingerprint, or otherwise submit any Assets or content containing Assets to YouTube Content ID, Facebook Rights Manager, or any similar content identification or rights management system; (vi) claim ownership of, authorship of, or exclusive rights in any Assets; (vii) use Assets in a manner that infringes the rights of the Company, its licensors, or any third party; (viii) use Assets in connection with unlawful, defamatory, hateful, discriminatory, obscene, violent, infringing, harmful, or otherwise objectionable content; or (ix) use Assets in violation of applicable laws or regulations.
7.3. Artificial Intelligence and Data Restrictions. You shall not, and shall not permit any third party to: (i) use any part of the Service, the Assets, metadata, artwork, or other platform content for the purpose of training, developing, fine-tuning, testing, or improving any artificial intelligence or machine learning system; (ii) create or contribute to datasets, databases, embeddings, corpora, or collections derived from the Service or Assets; (iii) use the Service or Assets for text and data mining, automated analysis, or algorithmic learning purposes; (iv) use Assets or platform content in connection with generative AI systems, synthetic media systems, voice synthesis systems, music generation models, or similar technologies; or (v) permit any automated system or third-party platform to ingest, analyze, scrape, or learn from the Service or Assets.
These restrictions apply regardless of whether such use is commercial or non-commercial, direct or indirect, public or private. Any unauthorized AI-related or dataset-related use constitutes a material breach of these Terms. The Company expressly reserves all rights to prohibit and restrict any text and data mining, machine learning, artificial intelligence training, automated extraction, or similar use of the Service, Assets, metadata, or other platform content.
8. Intellectual Property
8.1. All rights, title, and interest in and to the Service and all Assets and materials made available through the Service, including without limitation all sound recordings, musical works, sound effects, audio content, artwork, graphics, metadata, previews, playlists, text, software, interfaces, trademarks, logos, branding elements, and related intellectual property, are and shall remain the exclusive property of the Company, its licensors, artists, composers, producers, content partners, and other rights holders. Nothing in these Terms grants you any ownership rights in or to the Service, the Assets, or any related intellectual property.
8.2. You acknowledge and agree that the Assets and other content available through the Service are licensed to you, and not sold. Your rights to use the Assets are limited to those expressly granted under the applicable License Agreement. Except for such limited rights, you acquire no ownership, proprietary, or other intellectual property rights in or to any Assets or other content made available through the Service. All rights not expressly granted are reserved by the Company and its licensors.
8.3. Except as expressly permitted under the applicable License Agreement, you may not claim ownership of any Assets or other content made available by the Company, claim authorship or exclusive rights in any Assets, remove or alter any copyright notices, metadata, attribution information, or proprietary notices associated with the Service or the Assets, or use the Company name, trademarks, logos, artist names, or branding in any manner that suggests sponsorship, endorsement, affiliation, or ownership without the Company’s prior written consent.
8.4. Except for the limited rights expressly granted under the applicable License Agreement, no rights or licenses are granted to you by implication, estoppel, waiver, or otherwise. All rights not expressly granted are reserved by the Company and its licensors.
8.5. If you provide the Company with any suggestions, ideas, comments, or feedback relating to the Service or the Assets (“Feedback”), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and otherwise exploit such Feedback without restriction and without any obligation to compensate you.
To the extent any improvements, modifications, enhancements, or developments to the Service or Assets are created by or on behalf of the Company based on or derived from such Feedback, all rights, title, and interest in and to such improvements, modifications, enhancements, or developments shall belong exclusively to the Company.
9. Third-Party Services
9.1. The Service may integrate with or otherwise interact with third-party platforms, websites, applications, marketplaces, social media services, monetization systems, content management systems, payment processors, and other third-party services (“Third-Party Services”).
9.2. You acknowledge and agree that the Company does not own, operate, control, endorse, or assume responsibility for any Third-Party Services, including their availability, functionality, policies, practices, actions, decisions, requirements, or technical operations, including any content policies, monetization rules, copyright systems, advertising policies, community guidelines, algorithms, payment processing procedures, or dispute resolution mechanisms implemented by such Third-Party Services.
9.3. Your use of any Third-Party Services is governed solely by the applicable third party’s terms, conditions, and policies, and you are solely responsible for compliance with such terms and policies.
9.4. The Company does not guarantee that: (i) any content containing Assets will be approved, published, distributed, monetized, or remain available on any Third-Party Service; (ii) any monetization status, advertising eligibility, or revenue generation will be maintained; (iii) any copyright claims, automated detection actions, platform disputes, or content restrictions will not occur; or (iv) any Third-Party Service will maintain compatibility or integration with the Service.
9.5. The Company shall not be liable for: (i) any actions or omissions of a Third-Party Service; (ii) any removal, blocking, demonetization, restriction, suspension, or deletion of content by a Third-Party Service; (iii) any copyright claims, automated detection systems, platform disputes, monetization decisions, or enforcement actions initiated by a Third-Party Service; or (iv) any changes to the policies, functionality, availability, technical requirements, or integrations of any Third-Party Service.
10. User Content and Community Features
10.1. The Service may allow you to create, upload, publish, organize, save, share, or otherwise make available playlists, comments, profile information, descriptions, links, reactions, likes, and other user-generated content and interactions (“User-Generated Content”).
10.2. You retain ownership of any User-Generated Content submitted by you. However, by submitting, publishing, or sharing User-Generated Content through the Service, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, display, distribute, adapt, modify, communicate, and otherwise use such User-Generated Content solely for the purpose of operating, improving, promoting, and providing the Service.
10.3. You are solely responsible for your User-Generated Content and your interactions with other users and third parties. You represent and warrant that you have all necessary rights, permissions, and authority to submit, publish, or share such User-Generated Content and that such User-Generated Content does not violate the Agreement, applicable law, or any third-party rights.
10.4. You shall not upload, publish, share, or otherwise make available any User-Generated Content that is unlawful, infringing, defamatory, abusive, hateful, misleading, fraudulent, obscene, harmful, or otherwise objectionable.
10.5. The Company does not endorse, monitor, verify, or assume responsibility for any user-generated content made available through the Service and shall not be liable for any such content, user interactions, or communications.
10.6. The Service may also allow you to share playlists, license certificates, verification pages, or other content or functionality through public, private, or shareable links. Such sharing functionality is intended solely for legitimate verification, review, collaboration, or licensing-related purposes, including verification by platforms, clients, distributors, or other parties requiring confirmation of applicable rights or licenses. You acknowledge and agree that any person with access to such links may be able to access, view, use, or share the associated content or information. You are solely responsible for how you use or distribute such links or sharing functionality.
10.7. The Company reserves the right, at any time and in its sole discretion, to review, remove, restrict, disable access to, or delete any User-Generated Content or community feature, with or without notice.
11. Disclaimer of Warranties
11.1. You acknowledge and agree that, to the maximum extent permitted by applicable law, the Service, including your account, the Assets, and all related services, features, functionality, integrations, and content provided by the Company, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, title, fitness for a particular purpose, non-infringement, course of dealing, trade usage, or any warranties arising under applicable law.
11.2. The Company does not warrant that the Service, the Assets, or any related services will be uninterrupted, secure, error-free, continuously available, or free from defects, failures, delays, interruptions, technical malfunctions, unauthorized access, harmful components, or other operational issues affecting hardware, software, communication systems, networks, third-party providers, infrastructure, or digital content used in connection with the Service.
11.3. The Company does not guarantee the continued availability of any Assets, features, functionality, integrations, or content made available through the Service. The Company further does not guarantee the availability of any specific Asset, artist, genre, category of content, feature, functionality, integration, or minimum catalogue size.
11.4. You further acknowledge and agree that the Company may modify, restrict, suspend, discontinue, replace, or remove any portion of the Service, Assets, features, functionality, integrations, or related content from time to time, and you shall have no claim arising solely from such actions.
12. Limitation of Liability
12.1. To the maximum extent permitted by applicable law, neither the Company nor any of its directors, officers, employees, shareholders, affiliates, licensors, contractors, agents, service providers, content partners, or representatives shall be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including without limitation loss of profits, revenue, business opportunities, goodwill, data, anticipated savings, reputational harm, or other intangible losses, arising out of or relating to: (i) your use of or inability to use the Service or Assets; (ii) any modification, suspension, restriction, discontinuation, unavailability, replacement, or removal of the Service, Assets, features, functionality, integrations, or content, whether temporary or permanent; (iii) any actions, decisions, policies, enforcement measures, automated systems, monetization determinations, copyright claims, content identification systems, platform disputes, demonetization events, takedowns, or restrictions imposed by any Third-Party Service; (iv) any technical failures, outages, delays, interruptions, security incidents, unauthorized access, data loss, or operational malfunctions affecting the Service; or (v) any third-party content, materials, software, technologies, services, or elements incorporated into your projects or otherwise used in connection with the Service.
12.2. You acknowledge and agree that you are solely responsible for evaluating, selecting, integrating, and using any third-party content, materials, or services in connection with your projects, and the Company shall not be liable in connection therewith.
12.3. Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited under applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, employees, officers, directors, shareholders, contractors, agents, service providers, content partners, and representatives from and against any claims, damages, losses, liabilities, costs, expenses, or reasonable legal fees arising out of or relating to: (i) your use or misuse of the Service, Assets, or any sharing or community functionality made available through the Service; (ii) your breach of the Agreement or any applicable License Agreement; or (iii) any User-Generated Content or any use of the Service or Assets by you that violates any applicable law or third-party rights, including intellectual property, privacy, publicity, contractual, or proprietary rights.
14. Privacy Policy
Please review our Privacy Policy to learn how the Company collects, uses, stores, processes, and discloses personal information in connection with the Service, including through the use of cookies and similar technologies.
15. Amendments
15.1. The Company reserves the right, at its sole discretion, to modify or update these Terms, any applicable License Agreement, and the Privacy Policy from time to time. Any updated version will be made available through the Service, and you are encouraged to review such documents periodically. Where reasonably practicable, the Company may provide additional notice of material changes. If you do not agree to any updated Terms, License Agreement, or Privacy Policy, you must cease accessing and using the Service and any Assets made available through the Service. Your continued access to or use of the Service or Assets following the effective date of any changes constitutes your acceptance of the updated Terms, applicable License Agreement, and Privacy Policy.
15.2. The Company reserves the right, at any time and in its sole discretion, to modify, update, suspend, discontinue, restrict access to, replace, or remove any aspect of the Service, including without limitation any Assets, feature, functionality, tool, integration, benefit, or category of content made available through the Service. Where reasonably practicable, the Company may provide prior notice of material changes affecting the Service. However, the Company shall not be obligated to provide notice where changes are required for legal, regulatory, security, technical, operational, business, licensing, or rights-management reasons. The Company shall not be liable to you or any third party for any modification, suspension, discontinuation, restriction, replacement, or removal of any part of the Service or any Assets made available through the Service, except to the extent otherwise expressly required under applicable law or an applicable License Agreement.
15.3. The Company reserves the right to modify Subscription Plan terms, pricing, billing structures, or applicable fees from time to time, including due to applicable taxes, regulatory requirements, or business considerations. Where required by applicable law, or where reasonably practicable, the Company will provide advance notice of material changes affecting your Subscription Plan. Any such changes will become effective no earlier than the commencement of your next Subscription Period following such notice. If you do not agree to the changes, you may cancel your Subscription Plan before the changes take effect, in which case the cancellation will become effective at the end of the then-current Subscription Period. Your continued use of the applicable Subscription Plan following the effective date of such changes constitutes your acceptance of the updated Subscription Plan, pricing, billing structure, and applicable fees.
16. Term, Renewals, and Termination
16.1. These Terms shall remain in full force and effect for as long as you access or use the Service, including for as long as you maintain an account with the Company, unless terminated in accordance with these Terms.
16.2. Automatic Renewal of Subscription Plans. Where applicable, recurring Subscription Plans automatically renew for successive Subscription Periods of the same duration unless canceled before the end of the then-current Subscription Period. Automatic renewals, billing, cancellation rights, and related subscription terms remain subject to applicable law and the terms of the applicable Subscription Plan.
16.3. Termination by You. You may cancel a Subscription Plan at any time through your account settings or by contacting customer support. Unless otherwise specified, cancellation will take effect at the end of the then-current Subscription Period. Cancellation, expiration, or termination of a Subscription Plan does not automatically terminate your account or these Terms, and you may continue to access any portions of the Service that remain available without an active Subscription Plan.
You may terminate your account and these Terms at any time by discontinuing use of the Service and deleting your account through the functionality made available by the Company or by contacting customer support. Except as otherwise expressly provided in these Terms, the applicable License Agreement, or required under applicable law, all payments and fees are non-refundable.
16.4. Suspension or Termination by the Company. To the maximum extent permitted by applicable law, the Company reserves the right, at any time and in its sole discretion, to suspend, restrict, terminate, or delete your account, access to the Service, Subscription Plans, License Agreements, or access to any Assets, with or without notice, where: (i) you violate these Terms or any applicable License Agreement; (ii) the Company reasonably suspects fraudulent, abusive, unauthorized, unlawful, infringing, or prohibited activity; (iii) required for legal, regulatory, licensing, operational, security, rights-management, technical, or business reasons; (iv) required to protect the Service, the Company, its licensors, users, or third parties; or (v) the Company discontinues all or part of the Service, any Subscription Plan, or any Assets made available through the Service. Where reasonably practicable and legally permitted, the Company may provide advance notice of suspension or termination.
16.5. Effect of Termination. Upon termination of these Terms, your account, or your access to the Service: (i) your right to access and use the Service shall immediately terminate, except as otherwise expressly permitted by the Company or under an applicable License Agreement; (ii) the Company may suspend or delete your account and related information; (iii) the Company shall have no obligation to maintain, store, or provide access to any account data, User-Generated Content, playlists, saved items, comments, shared links, license certificates, verification pages, or other information associated with your account; and (iv) you must cease any use of the Service except to the extent continued use of Assets is expressly permitted under an applicable License Agreement that survives termination.
Termination of these Terms shall not affect any rights or obligations that by their nature are intended to survive termination, including without limitation provisions relating to intellectual property, restrictions on use, disclaimers, limitation of liability, indemnification, payment obligations, governing law, dispute resolution, and any applicable License Agreements that by their nature survive termination.
17. Copyright Complaints and Takedowns
The Company respects intellectual property rights and may remove or disable access to any content alleged to infringe third-party rights. If you believe that any content available through the Service infringes your rights, you may submit a notice to the Company containing sufficient information to identify the allegedly infringing material and the basis of the claim. The Company reserves the right to remove, restrict, suspend, or terminate access to any content, account, or functionality in connection with alleged infringement claims.
18. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of laws principles. Any dispute arising out of or relating to the Agreement, the Service, or the Assets shall be subject to the exclusive jurisdiction of the courts of Hong Kong, unless otherwise required by applicable law.
19. Miscellaneous
19.1. Entire Agreement. This Agreement constitutes the entire agreement between you and the Company regarding its subject matter and supersedes all prior or contemporaneous agreements, understandings, or communications, whether written or oral.
19.2. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
19.3. No Waiver. Failure by the Company to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
19.4. Assignment. You may not assign or transfer this Agreement without the prior written consent of the Company. The Company may assign or transfer this Agreement, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
19.5. Force Majeure. The Company shall not be liable for any delay, failure, interruption, suspension, or inability to perform any obligation under this Agreement resulting from causes beyond its reasonable control, including without limitation acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, sanctions, failures of telecommunications or internet service providers, cyberattacks, power outages, infrastructure failures, platform outages, hosting failures, or failures of third-party services or suppliers.
19.6. Notices. The Company may provide any notices under this Agreement by posting them within the Service, by email, or by other electronic means. Notices to you shall be deemed given upon posting or sending. You are responsible for maintaining accurate contact information and for checking for notices. Where required by applicable law, notices shall be provided in accordance with such requirements.
19.7. Electronic Communications. You consent to receive communications, agreements, disclosures, receipts, billing information, and other information electronically. You agree that electronic communications satisfy any legal requirement that such communications be in writing, except to the extent prohibited by applicable law.