I. User and the use of Software
- “Software” means software and applications developed by us and/or our affiliates, including, but not limited to, all updated versions, any supplemental and/or external applications and/or software subsequently provided by us.
- “User(s)” means any person who agrees with the Terms and accesses and/or uses our website or KKBOX Service, whether or not such person has completed the membership registration process.
- “Member(s)” means a User who has completed the membership registration process, including “Member” and “Premium Member” (Please visit KKBOX Help Center or contact customer service for more information with respect to each category of the Members). For the purpose of this Terms and without any context to the contrary, any “Member” or “Members” used under this Terms collectively refers to “Member” and “Premium Member.”
- “Member Account” means an online account given to a Member (together with password) upon our verification of their personal information and completion of the registration process, through which a Member can use his or her password to log in and access to our KKBOX Services and Software.
- “Payer(s)” means a person who is a Member or a non-Member (as an authorized agent or otherwise with lawful authorization) purchasing our paid products or services through a Member’s Account.
- “Content” means games, information, communications, products, texts, photographs, videos, images, music, recordings and/or other items made available through KKBOX Service by Content Providers.
- “Content Provider” means any individual or company who has entered into content supply agreements with us and provides the above-mentioned Content to KKBOX Service.
- “KKBOX Service” means any and all free or paid services provided by KKBOX through the Internet and/or Software, including searching, streaming, downloading, community and other subsequently developed services. Please refer to our website for further service details.
- "Service Period" means the use period granted to a User based on the KKBOX Service and/or payment method such User chooses.
- “Download” means one kind of KKBOX Service which allows a User to store the recordings played by KKBOX Service in his/her mobile device and enjoy such stored recordings without connecting to the Internet for a period of seven (7) days from the date it is first played online. You will have to log in every seven day thereafter in order to keep such recordings stored in your device. For the avoidance of doubt, any recording purchased by a User via KKBOX download service may be permanently stored on such User’s device.
2. Users’ Duties & Obligations
You are hereby authorized to use Software and KKBOX Service as long as you comply with this Terms and the provisions pertinent to the Software or service you use. Any breach of this Terms or the above-mentioned provisions will cause your license granted herein being suspended or terminated without being further noticed.
- You are authorized to use our website and Software to transmit, publish, or upload messages, files and/or information which may contain, including but not limited to, certain writings, pictures, hyperlinks, videos or playlists (collectively, “User Content”). You hereby warrant that any and all User Content is free from any infringement of any third party’s intellectual property rights.
- Once you transmit, publish, or upload User4 Content to KKBOX, you grant KKBOX a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use such User Content, in whole or in part, in any KKBOX deems fit, including but not limited to, the reproduction, distribution, publication or display of all or part of User Content. Once you remove or delete your User Content from KKBOX Service, and such User Content has been shared or made available to the public, if any third party has not delete such User Content, the above licenses remain applicable.
- If KKBOX receive any copyright infringement notification of your User Content, KKBOX reserves the right to remove and delete the User Content without prior notice.
- KKBOX Service is provided for personal use ONLY. If you intend to use any KKBOX Service in public, please acquire necessary rights for your public use, such as public broadcasting, public transmission, public performance, etc., from the Content Providers. You should be responsible for any liability arising out of KKBOX Service used in public without such Content being duly authorized.
- Duties & Obligations in Using ServicesWhen using KKBOX Services or software, you agree to comply with the Terms, community rules, internet ethics and the relevant rules and regulations, and must not engage in following acts:
- using KKBOX Service and/or Software to reproduce, copy, sell, trade, re-sell the Content thereof or for any unlawful or commercial purposes,
- using KKBOX Service and/or Software to communicate or publish User Content that are abusive, defamatory, indecent, obscene, offensive or otherwise against public order or good moral,
- using KKBOX Service and/or Software to distribute or publish any illegal information or hyperlinks, including but not limited to unlawful download of plagiarized materials or software, sale of weapons, drugs or illicit drug, contents of practical jokes or virus, false information which induces others to commit crimes and any other unlawful information,
- maliciously posting an excess amount of messages or mails repeatedly, using our reporting service without reasonable purposes or publishing any content that is disturbing or impeding other Users from enjoying KKBOX Services,
- publishing any User Content in any format that may infringe the intellectual property or other rights of others,
- disclosing any other User’s personal data (including but not limited to his/her real name, telephone number and address) or privacy information (such as diary, mails, photos, etc.) without prior consent of such User,
- modifying, reverse engineering, reverse coding, decompiling (into a human readable format) or dissembling the Software, impeding or interfering with other Users’ enjoyment of the Software and KKBOX Services, or disseminating virus or other malwares which are harmful to the others’ computer operation, software,
- submitting false Notification or Counter Notification, or
- any other activities that we find illegal or in violation of this Terms.
- True Information Obligation：
You agree to provide accurate, complete and true personal particulars for registration, and you may update such particular online at any time. If you provide incorrect or misleading personal particulars that result in our failure in reaching you or cause damages to the rights or interests of third parties, you shall be solely responsible for the relevant legal liabilities and/or damages.
- Member’s Account Security Obligation：
- Your Member’s Account shall be used by you only. You shall only use our Services, Software and Content in accordance with the Terms and shall not allow any third party to access, unlawfully reproduce, distribute, sell, publicly transmit and/or use in any other way our Services, Software and Content.
- You are obliged to safeguard your Member’s Account details, passwords and other relevant information. You shall be liable for any and all acts and/or activities, including all related fees, carried out under your Member’s Account.
- If You discover any unauthorized use or unusual access to your Member’s Account, you should report to us immediately and protect your personal interests through appropriate legal means. If necessary, we will ask you to provide the relevant personal data and have the right to take charge of the account in dispute.
- If your negligence or consent to any third parties’ use of Your Member’s Account causes unlawful use of such account or passwords and damages to the interests of us or other users, you shall be responsible for the relevant legal liabilities and/or compensation to such damages.
- Each Member’s Account is only authorized to be accessed from multiple personal devices (including mobile phone, computer, tablet computer, etc); provided however, a Member Account cannot be simultaneously used on more than one device. Members can change the settings of their personal devices through our administration system. We reserve the right to modify our administration system as well as the mode and number of changes.
- We will take all necessary steps to prevent you from using the Software and/or KKBOX Service in a manner which is in breach of the Terms or the relevant laws and regulations.
3. Privacy and Personal Data Protection
To safeguard your privacy and personal data from any unlawful collection or use, please take the following recommendations for your consideration:
- Without a proper cause, DO NOT exchange or provide any of your privacy information or personal data to anyone you do not know.
4. Intellectual Property Rights
- All rights on the KKBOX Services, Content, Software, text files and any program codes, whether stored in disc, readable storage media or any other media, provided by us belong to KKBOX or third parties that licensed them to KKBOX. You are only authorized to use them. For the avoidance of doubt, all rights that have not expressly granted to you under the Terms are reserved by KKBOX.
- You acknowledge that KKBOX Services, Content, Software and technology are protected by the applicable laws of each licensed territory respectively and agree not to remove or modify any digital right management information, anti-circumvention measures or symbols of other rights (including but not limited to patent right and trademark right) or software, which are contained in the KKBOX Services, Content and Software.
II. Payment Method
When you pay for KKBOX Service, you agree with the following provisions:
1. Mode of Payment
- Payment by credit card: You agree to authorize us to charge your designated credit card based on the chosen content of services and payment terms.
- Micro payment through telecommunications service providers, or other payment service (such as pre-paid card or pin-on-receipt) through third party service providers and payment agents: If you agree to process your payment through a local telecommunications service provider, a third party service provider or a payment agent, you agree to process your spending through their services and agree to comply the payment mechanism and terms of the respective service providers and agents. Under such circumstances, we are not involved in the payment relations between you and the service providers, or the rights and obligations associated therewith. Upon receiving the payment confirmation under the relevant payment mechanism, we consider the payment is made or duly authorized by YOU.
2. Rights and Obligations
- You should use your own credit cards or payment tools. If you use credit cards or payment tools (e.g., Micro Payment Account) owned by others (the “Actual Payer”), we consider that you are duly authorized to use such credit card or payment tool and the Actual Payer are fully award of of the payment. Members and the Actual Payers are entitled to check the payment information in the Member Account, terminate the payment or modify the Actual Payer’s personal information.
- If either you or the Actual Payer is accused for any unlawful acts, we shall collect your personal data and process the disputed payment in accordance with the Terms. You or the Actual Payer shall be responsible for any breach of this Terms or infringement to any third party’s rights caused by you or the Actual Payer.
- When a Payer (i.e., you or the Actual Payer) uses a credit card for the payment, we will have the right to terminate the transaction if the designated credit card is expired, reported lost or stolen, refused by the issuing bank, and/or if our request for the payment is denied for any other reasons.
- The Payer should use his/her best efforts to safeguard his/her personal data and the important information of the credit card or other third party payment service and must not disclose or provide such information to third parties. You and the Actual Payer will be responsible for any losses resulted from any intentional or negligent disclosure of such information to any third party or any unauthorized use of such information by any third party.
- In case of any dispute in the fees payable, we are still entitled to process the billed amount from your designated credit card, and will automatically deduct or add the relevant fees in the next bill if there is any excessive or insufficient amount.
- Any dispute between the Payer and the local telecommunications service provider, third party service provider or payment agent concerning the payment, including but not limited to the changes and modification of payment accounts, is independent from the Terms and should be resolved by the Payer and the respective party, and the corresponding legal liabilities shall be borne by the Payer and the respective party.
- If you need to change your designated credit card information or terminate the auto-payment authorization, please contact our customer service. Such changes or termination of authorization will take effect on the next payment date.
- In accordance with “Consumer Protection Act” and its related regulations, KKBOX Service falls in one of the exemptions to the 7-day returning or rescinding rule with respect to distant sales. As a result, your payment is not refundable or returnable.
III. Community Rules of Use
- You should read carefully and comply with the following rules while using KKBOX Community Service. Any breach of such rules will cause your right to use KKBOX Community Service being suspended.
We will send you a suspension notice to the email address provided at the time you register your Member Account, and consequently suspend your right to use KKBOX Community Service if any of the following facts is found:
- breaching any provision of Section 2 (Users’ Duties & Obligations) under Chapter I three (3) times;
- using KKBOX Community Service for any unlawful transaction or unlawful act;
- falsely representing as KKBOX personnel to deceive other Users or jeopardize the interests of them;
- disseminating rumors which adversely affect other Users’ interests;
- using your Member Account for the activities above; or
- other acts that we consider seriously detrimental to the interests of other Users and KKBOX.
- In the event that you believe your Member Account is suspended by mistake, you may, within seven (7) days upon being suspended, raise an objection through our customer service to us.
- Unless explicitly stated otherwise, the content of KKBOX community service is rated G for the general public. If you discover any inappropriate content, please contact our customer service.
- We will revise the KKBOX Community Rules of Use from time to time. We will notify you if you are found in breach of any newly revised provisions, and you should remedy such breach within the period provided in such notification. Any unremedied breach will be recorded or cause your right to use KKBOX Community Service being suspended.
IV. Complaint and Counter-Complaint
- If you believe that any User Content infringes your copyright, you may submit a copyright infringement complaint (“Complaint”) :
- You may file the Complaint via the customer service. If you represent the copyright owner, you have to provide the power of attorney authorized by the copyright owner; if you are the exclusive copyright licensee, you will have to provide proof of such exclusive license.
- The User Content allegedly infringed will be removed or blocked from being accessed after we confirm formality of the Complaint is duly complied. We may notify you to supplement or correct the information necessary for the Complaint; if you do not supplement or correct accordingly within five (5) business days upon receipt of our notice, your Complaint will be invalid.
- If a Counter-Complaint is filed for the allegedly infringing User Content, we will notify you of such Counter-Complaint. If you fails to provide evidence of filling a civil or criminal litigation against the allegedly infringing User Content, we will restore the removed the User Content or the access thereto within ten (10) business days upon receiving the Counter-Complaint.
- If you are notified that your User Content that was removed or the access thereto was blocked, and believe that such User Content is not infringing, you may file a Counter-Complaint :
- You may file the Counter-Complaint via the customer service. We may notify you to supplement or correct the information supporting the Counter Notification. Your Counter-Complaint will not be invalid until you supplement or correct the information accordingly.
- We may notify the Complainant once we confirm your Counter-Complaint. Unless the Complainant provides the evidence of filing litigation against you within ten (10) business days upon the Complainant’s receipt of the Counter-Complaint notice from us, we will restore the removed content e the access to it.
- If you find that any User Content violates the Terms or the laws and regulations, you may file a complaint of another violation via the customer service.
- Obligations of Content Providers and Third Party Service Provides
- Content Providers shall be fully responsible for their Content, and shall be solely liable to you and/or any third party for any and all losses and/or damages resulting from Content.
- You acknowledge that certain services (such as the payment process service) or software available in the Services may be provided by the third party. The Terms shall not govern such third party services or software. Any dispute resulting from Service or Software between you and any third party service provider shall be resolve between you and such third party service provider.
- Limitation of Liabilities
- Any information, content, software or services provided by us through Software and/or KKBOX Services will be provided AS IS. We do not guarantee or warrant the format and content of KKBOX Services in the event of Internet connection failure, delay or other relevant communication defect.
- Unless otherwise expressly stated in the applicable law, in no event, should we and/or our authorized agents be liable for any loss or damages, including losses caused by the use of Software and/or KKBOX Services, the failure to use Software and/or KKBOX Services, and/or other direct, indirect, accidental, special or consequential losses, including but not limited to loss of business profits, business loss, business interruption, business information loss and any other monetary loss.
- We will not warrant and be liable for any damages or defects arising out of any and all intentional or negligent act of Content Provider, hardware supplier, and/or other Users.
We reserve the right to amend the Terms from time to time. The amended Terms will immediately come into effect once they are announced on our website and we will not separately notify you or each User. Once you continue to use KKBOX Services or our Software after the amended Terms are announced on our website, you will be deemed to have accepted the amendments. We will also reserve the right to amend, suspend or terminate the right to use any service or software provided by us in accordance with this Terms.