Terms of Service
This agreement is between FEI LIU and users of FEI LIU’s products, services, and websites (“You”).
1. YOUR ACCEPTANCE
The terms of this agreement (“Terms of Service”) govern the relationship between you and FEI LIU (hereinafter “FEI LIU” or “Us” or “We”) regarding your use of FEI LIU’s Apps, applications, websites and related services (the “Service”). Use of the Service is also governed by FEI LIU’s Privacy Policy and other relevant policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any FEI LIU website or accessing a game or applications, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
FEI LIU reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant FEI LIU policies at any time by posting the amended terms on the FEI LIU Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the FEI LIU Privacy Policy, or any other FEI LIU policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
2. COMMUNITY GUIDELINES
You may be permanently banned from the Service if You do any of the following:
Attack or demean individuals or groups,
Engage in predatory behavior, stalking, harassment, or intimidation,
Engage in offensive speech,
Engage in bullying.
You also may be banned if you take any other action that FEI LIU determines is harmful to the Service or the use of the Service by others, or is in violation of applicable law.
3. FEI LIU ACCOUNTS
In order to access some features of the Service, You will have to create a FEI LIU account. You may not use another user’s account without permission. When creating your account, You must provide accurate and complete information. You are responsible for the activity that occurs on your account, and You must keep your account password secure. You must notify FEI LIU immediately of any breach of security or unauthorized use of your account.
FEI LIU will not be liable for any losses to You caused by any unauthorized use of your account.
4. GENERAL USE OF THE SERVICE
FEI LIU grants You permission to access and use FEI LIU’s Apps and Websites (“Service”) as set forth in the Terms of Service, provided that:
You agree not to alter or modify any part of the Service.
You agree not to use the Service for any of the following commercial uses unless you obtain FEI LIU’s prior written approval:
the sale of access to the Service; or
the sale of advertising, sponsorships, or promotions placed on or within the Service, including any content shared on the Service.
In your use of the Service, You will comply with all applicable laws.
FEI LIU reserves the right to discontinue any aspect of the Service at any time.
4.1 License
Subject to the terms of this Agreement, FEI LIU grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy, for the purpose of downloading, installing and executing, the number of copies for which you are authorized by the download site of each Service on a mobile device that you own or control for your use (the “License”). Apps provided to you are licensed to you and not sold. FEI LIU (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Apps, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The FEI LIU name, logo, and the product names associated with the Apps belong to FEI LIU (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. FEI LIU (and its licensors, where applicable) reserve all rights not granted in this Agreement.
4.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any Service in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any Service. Any future release, update, or other addition to functionality of any Service (including in-App purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Service content must be retained on any copies.
5. YOUR USE OF CONTENT
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of musical content (“Content”):
Content on the Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to FEI LIU, subject to copyright and other intellectual property rights under the law.
You may access Content for your personal use solely as intended through the provided functionality of the Service and as permitted under the Terms of Service. You shall not copy, distribute, broadcast, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of FEI LIU or the respective licensors of the Content. FEI LIU and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against FEI LIU with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless FEI LIU, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. YOUR CONTENT; LICENSE TO FEI LIU
As an FEI LIU account holder, You may submit Content to the Service. You understand that FEI LIU does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting your Content on the Service. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish Content You submit; and You license to FEI LIU all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to the Terms of Service.
You retain all of your ownership rights in your Content. However, by submitting Content to FEI LIU, You hereby grant FEI LIU a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, monetize, distribute, modify, prepare derivative works of, display, and perform the Content in connection with the Service and FEI LIU’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to access your Content through the Service, and to use, reproduce, distribute, modify, prepare derivative works of, display and perform such Content as permitted through the functionality of the Service and under the Terms of Service.
Many of FEI LIU’s products are interactive, and, as such, may be modified by other Users of the Service without Your prior approval. Such modifications may enhance or detract from your Content and You. You acknowledge and agree that other users of the Service may so modify your Content at any time following submission thereof and assume the risks related thereto.
You are free to remove your Content at any time. You understand and agree, however, that FEI LIU may retain, but not display, distribute or perform, server copies of your Content that have been removed or deleted by You. Further, You understand and agree that any Content you have submitted, as thereafter modified by any other user of the Services, which has been previously downloaded by any other user or person will remain within the control of such user or person.
You further agree that Content You submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant FEI LIU all of the license rights granted herein.
FEI LIU expressly disclaims any and all liability in connection with Content. FEI LIU does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and FEI LIU will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. FEI LIU reserves the right to remove Content without prior notice.
7. ACCOUNT TERMINATION POLICY
FEI LIU will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to have infringed the Terms of Service.
FEI LIU reserves the right to decide whether Content violates the Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. FEI LIU may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of the Terms of Service.
8. BILLING
If You purchase products or services directly from FEI LIU, You authorize FEI LIU to charge You the applicable fees, including any ongoing charges for subscription renewals, through the designated payment method. You understand and acknowledge that FEI LIU may adjust the pricing for its products and services in the future and that You will be charged such adjusted fees on a going forward-basis after notice to You from FEI LIU. If You purchase a subscription from FEI LIU, your subscription will automatically renew at the end of each subscription term until You cancel the subscription. If You cancel a subscription, Your subscription will terminate at the end of Your current subscription period. You acknowledge that any payments You make to FEI LIU are non-refundable. FEI LIU may, at its discretion, provide You with a credit or refund, but such issuance of a credit or refund does not obligate FEI LIU to provide You credits or refunds in the future.
11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FEI LIU ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. FEI LIU ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF FEI LIU’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE. FEI LIU DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FEI LIU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12.LIMITATION OF LIABILITY & INDEMNIFICTION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FEI LIU SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FEI LIU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, FEI LIU SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO FEI LIU IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO FEI LIU DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND FEI LIU’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH FEI LIU IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
You agree to indemnify, defend and hold FEI LIU (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
YOU SPECIFICALLY ACKNOWLEDGE THAT FEI LIU SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either 13 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service.
14. ASSIGNMENT
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by FEI LIU without restriction.
15. DISPUTE RESOLUTION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND FEI LIU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND FEI LIU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
15.1 Complaints and dispute resolution
Most concerns can be solved quickly by contacting us at mail.
15.2 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of the United States of America.
15.2.1 For residents in the United States
— BINDING ARBITRATION AND CLASS ACTION WAIVER:
These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or access, download and use our Services in the United States. These provisions may also apply to you if you are domiciled in and/or download or use our Services from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details.
Initial Dispute Resolution: If you have any concerns or queries regarding our Services, our customer support team can be reached through our support Most concerns are quickly resolved in this manner to our customers’ satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
15.2.2 Binding Arbitration: If the parties do not reach a mutually agreed solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these terms and the Privacy Policy (including its interpretation, formation, performance and breach), the parties’ relationship with each other and/or your use of any of the Games or our other Services shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the interpretation, applicability, enforceability and formation of these terms notwithstanding any other choice of law provision contained in these terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these terms, including without limitation any claim that all or any part of these terms or the Privacy Policy is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
15.3 Location: If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Los Angeles County, California, and you and we agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
15.4 Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRIVACY POLICY ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
15.5 Exception – Litigation of Intellectual Property and Small Claims Court claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these terms. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
15.6 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the “Binding Arbitration,” “Location,” and “Class Action Waiver” paragraphs above by sending written notice of your decision to opt-out to the following e-mail address. The notice must be sent within 30 days of the earlier of your first download of the applicable Game or commencing use of our Services (or if no purchase was made, then within 30 days of the earliest of the date on which you first download the applicable Game or access or commence use the applicable Service); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
15.7 JURISDICTION AND APPLICABLE LAW
Our Games and other Services are made available subject to these terms. This section explains which laws apply to these terms.
15.7.1 For residents in the United States. If you are resident in the United States then you are contracting with FEI LIU Development Group, Florida, United States and any and all claims arising out of or relating to these terms (including their interpretation, claims for breach and all other claims (including consumer protection, unfair competition, and tort claims)), the parties’ relationship with each other and/or your use of our Games or other Services will be subject to the laws of the State of Florida, without reference to conflict of laws principles. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of these terms (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state where you were a citizen at the time you downloaded, accessed or commenced use of the Service that was subject to these terms. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California to resolve any claims that are subject to exceptions to the arbitration agreement described in BINDING ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to be arbitrable.
15.7.2 For residents in the Rest of the World. If you are resident outside the United States, then you are contracting with FEI LIU Development Group, Florida, United States and the laws of the United States of America shall govern the interpretation of these terms and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and claims in negligence and tort, will be subject to the laws of the country in which you are resident. If there is a dispute between us regarding these Terms of Use, then that dispute will be subject to the jurisdiction of the courts of the United States of America unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.
15.7.3 If you are resident outside the United States and you are entitled to commence and/or participate in legal proceedings within the United States, then you agree that you will be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions above.
16. GENERAL & GOVERNING LAW
If a dispute arises between you and FEI LIU, we strongly encourage you to first contact us directly to seek a resolution by going to our website. If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by California law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against FEI LIU must be resolved exclusively by a court located in San Francisco, California. If you are a resident outside of the United States, you agree that all disputes between you and FEI LIU shall be governed by the laws of State of Florida, United States, without regard to conflict of law provisions. You agree that any claim or dispute you may have against FEI LIU must be resolved exclusively by a court located in Florida, United States
YOU AND FEI LIU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.