Welcome to Liulo, a platform based on audio experiences, including Podcast and Audio experiences (“Liulo”, “we”, “our” and “us”, as the context requires). With Liulo, you can get inspired by millions of audio stories and share it all with the world.
The Service is offered and available only to individuals who are 18 years or older, or 13 years or older with parental consent, or the applicable age of majority in your country. If you have not reached the age prescribed, you may only access and use the Service with the prior permission of your parent or legal guardian, and you represent and warrant to us that you have such permission and that your parent or legal guardian has reviewed and discussed these Terms with you. Since certain content made available on the Service may not be suitable for minors, we recommend that parents or legal guardians who permit their child to access and use the Service to supervise such child’s activity, including, without limitation, any engagement with any other user thereon. By accessing or using the Service, you represent and warrant that you meet these requirements.
By accessing and using the Service, you agree to follow and be bound by the Terms, which may be changed and updated by us from time to time without notice to you. The update will be effective automatically upon the posting on Service. We encourage you to review these Terms carefully and to check these Terms periodically for any updates or changes. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
At any time without notice, we may make improvements and/or changes in any part of the Service, which will be subject to these Terms, and any additional terms of service as may apply to such additional versions, tools, products, services, functionalities, or features.
The Terms are important and you should read them carefully and contact us with any questions before you use the Service . You can contact us at firstname.lastname@example.org
By accessing and using the Service, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the terms, you should not use the Service including the Site and App.
1. License to use Service;
1.1 Subject to your compliance with these Terms, Liulo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Service and any of its content, information and related materials on your personal electronic device, solely for your personal, non-commercial use.
1.2 Except as otherwise expressly set forth in herein, this Service License does not include any resale or commercial use of:
(i) The Service (including the Site and the App);
(ii) Any Registration Data (defined below);
(iii) Service Content: Any content, materials, information, text, data, copyrights, Trademarks, logos, designs, insignia, images, photos, screenshots, videos, chats, posts, graphics, identifying marks, Site/App pages, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into, the Service by or on behalf of Liulo. Service Content is and shall remain the sole and exclusive property of Liulo (or the applicable third-party licensor thereof) or;
(iv) User Content including:
- Any content of a content creator (“Podcaster”) is aggregated or browsed and played by Liulo (“Podcast Content”). Accordingly, Liulo's role is a client application software on a computer or media player, which accesses RSS feed, allow user download podcasts or stream them on demand, known as a “Podcast client” or “Podcast player” or “Podcast aggregator” or “Podcatcher” (collectively referred to as “Podcatcher”).
- Any content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, screenshots, videos, chats, posts, identifying marks, graphics, and any other original works of authorship and/or intellectual property, including, without limitation, Creator Content that you or any other User submits or uploads onto the Service;
User Content is and shall remain the sole and exclusive property of you or the applicable User (or the applicable third-party licensor thereof) or Podcaster,…, subject to the User Content License in and to such User Content granted to Liulo pursuant to these Terms.
1.3 Violation of this Service License may result in infringement of intellectual property and contractual rights of Liulo, other Users of the Service, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
2. User Content; User Content License
2.1 Liulo acknowledges and agrees that Creator Content will be considered a separate copyrightable work and that all rights to Creator Content will remain with the applicable Creator of such Creator Content. For the avoidance of doubt, Creator Content shall be deemed “User Content”..
2.2 If you are accessing and using the Service in your capacity as a Listener, you hereby acknowledge and agree that you may only make personal and non-commercial use of User Content , published to the Service by other Users or Creators, and you may not sell, license, rent, or otherwise exploit any such User Content for commercial purposes or in any way that violates these Terms or the rights of any third-party.
2.3 As described herein, Users can upload certain User Content to the Service, including, but not limited to, Creator Content, images, quotes, messages, comments and memes. You acknowledge and agree that your User Content can be made publicly available to other Users on the Service, and that your Account profile name or login identifier will be linked to, or appear alongside, all such publicly available User Content. All User Content will be considered non-confidential and non-proprietary and you must not upload any User Content on or through the Service or transmit any User Content to us that you consider to be confidential or proprietary. All User Content uploaded to the Service shall be subject to our Privacy Notice.
2.4 Subject to any third-party right in any preexisting content or materials included in your User Content, including, without limitation, Service Content (if any), you retain all right, title and interest in and to any User Content (including all copyrights and other intellectual property rights related thereto or contained therein) that you upload onto the Service; provided, that you here by grant to Liulo and its affiliates, successors, licensees, and assigns, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferrable, assignable, sublicensable (through multiple tiers) right and license to use, copy, reproduce, display, distribute, publish, modify, adapt, make derivative works of, make collective works with, translate, and otherwise exploit (i) such User Content (including all copyrights and other intellectual property rights related thereto or contained therein) and (ii) your name, image, voice, likeness, biographical material, and any other right of publicity/privacy held by you in connection with such User Content, in any and all media now known or hereafter discovered, in connection with the Service (including, without limitation, the operation thereof and the provision of any tools, products, functionalities and/or features now or in the future offered in connection therewith), the advertising, marketing, promotion, publicity, and merchandizing of the Service and any products related thereto, and to identify you as the source of your User Content (collectively, the “User Content License”).
2.5 By submitting User Content to the Service, you acknowledge and agree that Liulo may create or license from third parties, Service Content, or obtain User Content from other Users, that may be similar or identical to your User Content. You agree that you shall have no recourse against Liulo for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the User Content you provide to Liulo. You acknowledge and agree that your submission of User Content to the Service does not create any new or alter any existing relationship between you and Liulo.
2.6 You hereby represent and warrant to Liulo that: (i) all User Content uploaded by or on your behalf onto the Service is your original work of authorship for which you are the sole and exclusive owner, or that you have obtained all licenses, consents, releases, and other permissions from the applicable third-party owner thereof as may be necessary to grant Liulo the User Content License in and to such User Content hereunder, and (ii) Liulo’s and/or any other User’s or sublicensee’s use of the User Content does not, and will not, violate any applicable laws or the rights of any third-party, including, without limitation, any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or any proprietary right.
2.7 By uploading any User Content to the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you upload on or through the Service.
2.8 You acknowledge and agree that Liulo may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Content posted to the Service will be retained by, or made available through, the Service, and the maximum storage space that will be allotted on Liulo’s servers on your behalf. You agree that Liulo has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained, transmitted, browsed and played by Liulo by the Service. You further acknowledge that Liulo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.
2.9 You acknowledge and agree that Liulo is merely a passive conduit and hosting service, Podcast Player for User Content and that it plays no active role in the distribution or presentation of User Content on the Service, nor is it under any obligation to monitor User Content posted on the Service and cannot and does not take any responsibility for such User Content. Further, Liulo does not endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Service or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk. For the avoidance of doubt, Liulo will not be liable for any User Content that violates the provisions of law, third-party regulations as well as the country's fine customs and cultures your. By using the Service, you agree to be solely responsible for the use of User Content regardless of whether such User Content may not satisfy you or the User Content that violates the provisions of law, third-party regulations as well as the country's fine customs and cultures your.
In addition, Liulo will not be liable for any unauthorized use of User Content by any User.
3. Your Rights and Obligations
3.1 You understand that all User Content available in connection with the Service (“User Content”) are the sole responsibility of the person from whom such Creator Content originated. We do not control, monitor, endorse, sponsor or approve any User Content and do not guarantee the accuracy, integrity, or quality of such User Content. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User Content or, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available on the Service.
3.2 You acknowledge and agree that (i) we retain complete editorial control over the Service and may alter, amend or cease the operation of the Service at any time in our sole discretion without notice to you; and (ii) the Service may be unavailable from time to time (including, but not limited to maintenance purposes).
3.3 You may not:(i) remove any copyright, trademark or other proprietary rights notices or any Content from the Service ;(ii) edit, reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, public perform, stream, broadcast or otherwise exploit the content on the Application unless expressly permitted in writing by Liulo;(iii) decompile, reverse-engineer or disassemble any features of the Service; or(iv) utilize any programs or scripts for the purpose of scraping, indexing, measuring or otherwise data mining any parts of the App and Site or otherwise hindering the functionality of any part of the App and Site.
3.4 Liulo provides you with the Service License for your personal enjoyment, self-expression, and the possibility of public exposure. In return for the Service License granted to you herein, you acknowledge and agree that Liulo may generate revenues, increase goodwill, or otherwise increase the value of Company, from your use of the Service and any User Content you upload thereto, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data, and you will have no right to share in any such revenue, goodwill or value whatsoever.
3.5 Except as otherwise expressly set forth herein, you further acknowledge that you have no right to receive any income or other consideration from any User Content that you upload onto the Platform Service, or the use thereof by Liulo and/or other Users as described herein, you are prohibited from exercising any rights to monetize or obtain consideration from (i) any User Content uploaded by any other User onto the Service or (ii) any User Content that you upload onto a third-party service via the Service (e.g., you cannot claim any User Content created and uploaded onto YouTube via the Service for monetization).
3.6 Notwithstanding anything to the contrary contained herein, you acknowledge and agree that the Service License does not grant you, and you do not obtain, any copyright or other interest in and to any (i) Service Content or other Service IP or (ii) User Content belonging to another User or a third-party licensor thereof, which may be shared by you via the Service. Additionally, any uses of any Service Content or User Content belonging to another User by you that are not expressly authorized under these Terms are subject to all rights of the applicable copyright owners thereof in law and in equity, and all rights are expressly reserved by such applicable copyright owners thereof.
3.7 To use any User Content belonging to another User in any manner not expressly permitted hereunder, you will need permission from the applicable User in addition to the owner of any content and other materials incorporated therein. Liulo is not responsible for putting you in touch with any other User or third-party owner for purposes of obtaining such permission.
4. Intellectual Property Rights
4.1 The Service and the Content on the Service are the property of Liulo and the person from whom such Content originated (The “Creator/ Podcaster”), and are protected by copyright, trademark law. Nothing in these Terms constitutes a transfer of any intellectual property rights. Our trademarks may not be used in connection with any product or service without our prior written consent.
4.2 If you provide us any feedback, ideas and suggestions about the Service (“Feedback”), you assign to us, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in the Feedback. To the extent such rights cannot be assigned, you hereby waive such rights as to Liulo, its affiliates and its and their customers and business partners.
4.3 Content uploaded by you will remain the property of the contributor or creator (the contributor or creator can be you or a third party). Liulo will not, without user consent, publish the contributed content. However, by posting any User Content onto the Service and its network, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable and worldwide right and license to host, cache and copy the User Content to and from various servers and our associated networks and to play same to you upon your request.
4.4 You represent that all User Content is stored for your personal, non-commercial use and represent that you have all rights to store, retrieve and listen to any User Content and that you have all necessary rights to grant the licenses and consents with respect to your User Content and for the rights you grant under these Terms.
4.5 Liulo retains all right, title and interest in and to the Service, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Service, (iii) all other materials and content uploaded or incorporated into the Service, including, without limitation, all Service Content (but excluding User Content, which as between Liulo and the applicable User is owned by the applicable User subject to the User Content License granted to Liulo pursuant to these Terms), (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world; and (v) the coordination, selection, arrangement and enhancement of such Service IP (collectively, “Service IP”), and nothing contained herein shall be construed as creating or granting to any User any right, title or interest in and to such Service IP other than the express license granted therein pursuant to these Terms. Service IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.
4.6 Liulo trademarks, service marks, and logos (the “Liulo Trademarks”) used and displayed on the Service are Liulo’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Liulo’sTrademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Liulo or the applicable third-party, Liulo’s or a third-party’s products or services (including, without limitation, the Platform), or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks.
5. Trademark and other Intellectual Property Infringement
5.1 Liulo trademarks, service marks, and logos (the “Liulo Trademarks”) used and displayed on the Service are Liulo’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Liulo’sTrademarks, the “Trademarks”).
5.2 You agree not to display or use in any manner any (i) trademark, service mark, logo, design, insignia, trade dress, slogan, or other brand features, belonging to Liulo or any third-party, or (ii) any text, image, video, or other item of content, that violates any other intellectual property right of any third-party, including, without limitation, any right of privacy or publicity, unless you obtain Liulo’s or such third-party’s prior written permission. ”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Liulo or the applicable third-party, Liulo’s or a third-party’s products or services (including, without limitation, the Service), or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks.
5.3 Liulo reserves the right to remove any Service Content or User Content (exept for Podcast Content) that allegedly infringes another party’s trademark, service mark or other intellectual property right. Liulo will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s trademark or service mark. Notices to Liulo regarding any such alleged infringement should be directed to Liulo via email at: email@example.com shall include all the same information required to be included in any copyright infringement notice as set forth in our Copyright Policy. In addition, you understand and agree that with respect to Podcast Content, we only role as Podcatcher, so we do not have any responsibility for handling infringement claims and deletions for Podcast Content.
5.4 If we remove your User Content because of an infringement report provided to us pursuant to our Copyright Policy, you will receive a notification from us that includes the name and email address of the rights holder who made the report and/or the details of the report. If you believe such User Content should not have been removed, you can follow up with the rights holder directly to try to resolve the issue. Liulo does not provide a counter-notice or appeal mechanisms for claims of trademark infringement and disclaims any liability for claims you might make regarding mistaken or misidentified trademark infringement notice and takedown requests.
6. Representations and Warranties
6.1 You represent and warrant that: (i) (1) all Registration Data and (2) all User Content and other information that you submit onto the Service, is true, accurate, current and complete; (ii) that you are the sole owner of all right, title and interest in, or have obtained all necessary rights and licenses from the applicable third-party owner of, any User Content or other information you submit or upload onto the Service to grant Liulo the rights set forth herein, free and clear any of further payment or attribution requirements; and (iii) that such User Content and other information, when used for the purposes in which it is submitted onto the Service, does not infringe upon the rights of any third-party, including, without limitation, contract rights, intellectual property rights, propriety rights and rights of publicity/privacy. You acknowledge and agree that you shall be solely responsible for all Registration Data, User Content and other information that you post, upload, link to, publish, exchange, or display onto the Service and that Liulo reserves the right to reject, refuse to post, edit, modify, remove all or a portion of any such Registration Data, User Content or other information from the Service that Liulo determines, in its sole discretion, does not comply with these Terms, or for any other reason, without notice or liability to you.
6.2 You represent and warrant that any User Content, Registration Data, and other information that you upload to the Service: (i) will not be fraudulent or involve the sale of counterfeit or stolen items; (ii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iii) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (iv) will not be obscene or contain child pornography or be harmful to minors; (v) will not contain any viruses, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) will not create liability for Liulo or cause Liulo to lose (in whole or in part) the services of its Internet service providers (ISPs) or other partners or suppliers.
7. Limitations on Service Use
7.1 While using the Service, you may not conduct any of the following activities:
Upload User Content to the Service for which you are not the owner, or for which you have not obtained all rights, clearances, licenses and other consents required to do so and to grant Liulo the User Content License in and to such User Content set forth herein.
Publish or make available, or request or solicit other Users to publish or make available, any personal contact or location information (e.g., phone number, e-mail address, physical address, third-party platform social media handles, location information, etc.), whether via any public or User interaction features and functionalities available on the Service, or in or through any User Content uploaded to the Service.
Solicit or induce, or attempt to solicit or induce, other Users on the Service to take any actions that could be harmful to such Users or any other person or property, or that otherwise would violate any applicable laws.
Use the Service for any purpose in violation of applicable local, national, or international law.
Use or otherwise export or re-export the Service or any portion thereof, or the Service Content or User Content in violation of the export control laws.
Upload User Content, or files that contain software or other material, that features any person that has not given you express permission to include such person in such User Content and who has not granted you all rights necessary or required for you to grant Liulo the User License in and to such User Content, including, without limitation, such person’s name, image, voice, likeness, biographical material, and any other right of publicity/privacy held by such person in connection with such User Content.
Upload User Content, or files that contain software or other material, that features any person under the age of eighteen (18) (or any greater age required to be deemed to have reached the age of majority under the applicable law of the nation of such person’s primary residence) without first obtaining written permission from such person’s parent or legal guardian, and which written permission grants you all rights necessary or required for you to grant Liulo the User Content License in and to such User Content, including, without limitation, such person’s name, image, voice, likeness, biographical material, and any other right of publicity/privacy held by such person in connection with such User Content.
Defame, abuse, harass, stalk, threaten, bully, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of Liulo or other Users, or use information learned from the Service to otherwise defame, abuse, harass, stalk, threaten, bully, intimidate or mislead, or otherwise violate the legal rights of Liulo or any other User outside of the Service.
Upload User Content to the Service, or otherwise interact with other Users/User Content to communicate or distribute information, that is defamatory, profane, infringing, obscene, pornographic, unlawful (e.g., illegal drug use or other criminal activity), offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
Upload User Content to the Service containing nudity.
Upload User Content to Service, or otherwise interact with other Users/User Content in a manner, that makes a political message for or against any person, party, political belief or issue, or religion, or that is harshly critical of any author, artist, contributor, or copyright owner of any content or materials embodied therein.
Upload User Content, or files that contain software or other material, that violates the intellectual property rights (or rights of privacy or publicity) of any third-party or for which you have not obtained the necessary rights or permissions to use accordingly..
Upload User Content or files that contain viruses, Trojan horses, corrupted files, malware, spyware, bugs, or any other similar software that may damage or infiltrate the operation of any other User’s computer.
Except as otherwise expressly set forth herein with respect to Creators inclusion of advertising in Creator Content, Advertise or offer to sell any goods or services for any commercial purpose through the Service, or otherwise post commercial advertisements, affiliate links, and other forms of solicitation, without Liulo’s prior written consent in each instance (and Liulo may remove from the Service without notice to you at any time).
Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Service in any manner.
Hack or interfere with the Service, its servers or any connected networks.
Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Service or any other User.
Upload User Content that provides materials or access to materials that exploit people under the age of eighteen (18) in an abusive, violent or sexual manner.
Use the Service to collect Registration Data by electronic or other means.
Impersonate another person or User or knowingly allow any other person or entity to use your identification or account to post or view comments on, or otherwise utilize, the Service.
Download any User Content or file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
Restrict or inhibit any other User from using and enjoying the Service.
Imply or state that any statements you make are endorsed by Liulo or any other User, without the prior written consent of Liulo or such User.
Use the Service in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Liulo’s trade secret information for public disclosure or other purposes.
Direct message any User who has asked you not to do so.
Use, transfer, distribute or dispose of Service IP in any manner that could compete with the business of Liulo.
Acts that violate your country's laws.
Violating of regulations on the use of the Service by decision of Liulo.
7.2 The License granted to you in these Term terminates automatically upon any unauthorized use of the Service and Liulo will take appropriate investigative and legal action for any illegal or unauthorized use of the Service. You acknowledge that violation of any of the above restrictions may subject you to third-party claims and none of the rights granted to you in these Terms of Service may be raised as a defense against any third-party claims arising from any such violation.
7.3 If you encounter any User Content (except for Podcast content) that violates, or learn of any User who has violated, these Terms and any of the Service usage restrictions set forth above, please email Liulo at firstname.lastname@example.org (Sectione 13). Liulo may, but is not obligated to, take any of the actions set forth in Section 13 below against Users who violate any of the above restrictions.
8. Disclaimer of Warranties; Limitation of Liability; Consequential Damages and Indemnity
8.1 The Service and User Content on The Service are provided to you “as is” and without warranty. Liulo and its subsidiaries, affiliates, officers, employees, agents (collectively, the “Liulo Parties”) hereby disclaim all warranties with regard to same, including, without limitation, (a) all implied warranties and conditions of merchantability, fitness for a particular purpose, performance, accuracy, reliability, availability, compatibility, title and noninfringement; (b) any errors or defects will be corrected; (c) the Service (including the App and the Site) is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service and any Content (including any third-party service or advertisement available through the Service) is at your own discretion and risk and you are solely responsible for any damage to your computer system or other device, or your loss of data , profits or revenue (or any other punitive, incidental, special or consequential damage) that directly or indirectly results from such use.
8.2 You expressly agree to release the Liulo Parties from any and all liability connected with your activities, and promise not to sue the Liulo Parties for any claims, actions, injuries, damages, or losses associated with your activities, whether based on contract, tort, strict liability, or otherwise, even if Liulo has been advised of the possibility of damages.
8.3 You agree to indemnify, defend and hold harmless all Liulo Parties, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third-party based on: (i) your use of, or inability to use, the Service; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms; (iii) any Registration Data or User Content posted by you onto the Service; (iv) your violation of any applicable law or regulation; or (v) your violation of any third-party right, including, but not limited to, any intellectual property right.
9. Unlawful Activity, Termination
9.1 We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ Account, profile name, e-mail addresses, usage history, uploaded User Content, IP addresses, and traffic information.
9.2 We further reserve the right, in our sole discretion and without notice or liability to you, to disable your Account, suspend or terminate your use of, or access to, the Service (either in whole or in part), or remove, block, hide or otherwise delete any User Content that you upload to the Service, at any time for any reason with any conditions, including, but not limited to, if we believe that you have violated or acted inconsistently with these Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable in our sole discretion.
9.3 We also reserve the right, in our sole discretion, to seek and obtain any other remedies available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms or any other act or omission by you that gives rise to a claim by Liulo, and our disabling of your Account, our suspension or termination of your use of, or access to, the Service, or our removal, blocking, hiding, or deletion of any of your User Content, shall be without prejudice to, and shall not be deemed a waiver of, the foregoing. If we terminate, limit, or suspend your right to use the Service, you are prohibited, without Liulo’s prior written consent, from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In the event your right to use the Service terminated, limited, or suspended, these Terms will remain in effect and enforceable against you.
9.4 You may terminate these Term at any time by deleting your Account and ceasing all use of the Service. Please note that, deleting the Service from your computer or mobile device will not delete your Account, and any User Content that you have previously uploaded will remain on the Service. If you wish to delete your Account, please send the request email@example.com and include your user name, email address and our support agent will respond within 60 day to confirm deletion of your Account. Please note that if you delete your Account, all User Content will automatically be deleted. Additionally, if you wish to delete any particular item of User Content that you have uploaded to the Service, you can do so using the User Content deletion functionalities within the Service; provided, deleting your User Content will not delete your Account or terminate these Terms.
9.5 These terms terminate automatically if, for any reason, we cease to operate the Service.
9.6 Liulo retains the right to terminate these Terms immediately if you have breached these Terms in any way.
10. Child Safety
10.1 We understand parental concerns about child safety, particularly when it comes to the types of websites and mobile applications that children access and use, as well as the type of content that children view, and the types of third-party interactions that children have, through such websites and mobile applications. We share these same concerns and therefore recommend that all parents/legal guardians oversee the internet and mobile device use by their children, and we encourage parents to have conversations with their children about safe internet practices and to exercise discretion when sharing pictures and videos, communicating with others, and consuming content online.
10.2 In connection with the foregoing, if any parent/legal guardian (i) discovers that his/her child is using the Platform and/or has created and Account and such child are not sufficient age to use the Service, or (ii) did not give permission, or no longer consents to, his/her child to use or continue using the Service and such child is not authorized to use the Service, such parent/legal guardian can send us an email at firstname.lastname@example.org to request that we remove and disable such child’s Account, and if applicable, delete all data collected in connection with such child’s Account and use of the Service, and we will work with such parent/legal guardian to comply with such request as promptly as practicable.
11. Public Information; Interaction with Other Users
11.1 You acknowledge and agree that certain information that your provide in connection with the registration of your Account and other Account data (such as your Account profile name and/or picture, certain User Content uploaded by other Users of the Service that you like/follow, how many Users on the Service are following your Account, and how many Users on the Service have listened to or liked/followed certain User Content that you have uploaded to and published on the Service) will automatically become publicly viewable by all Users of the Service. In addition, you acknowledge and agree that certain User Content that you publish on the Service will be publicly viewable by all other Users of the Service, or by select Users, and that other Users of the Service will be able to view, like, follow, comment on, and/or interact with such User Content once made publicly available.
11.2 The Service also enables Users to communicate and interact with other Users and publicly available User Content, including, without limitation, by enabling Users to like, view, share, re-post, and/or comment on other Users’ User Content, and engage with other Users through public message boards to certain User Content and other interactive community-based functionalities. The Service may in the future enable additional User interaction features such as direct messaging and a User Content rating system. You will be publicly identified by your Account username or login identifier when communicating and otherwise interacting with other Users/User Content on the Service. You are solely responsible for all of your interactions with the Service and other Users/User Content on or through the Service. In your interactions with other Users/User Content, you agree to conduct yourself professionally, civilly and respectfully at all times and in no event will you harass, solicit, stalk, maliciously target, or otherwise make hurtful, defamatory, or derogatory comments towards, or engage in malicious conduct against, any other User/User Content. You acknowledge and agree that in using the Service, Liulo will not be responsible for the actions of any Users with respect to any other User or User Content, and that Liulo does not actively monitor or police the specific interactions between Users of the Service and other Users or User Content (and has no obligation to do so). You hereby release, disclaim and hold Liulo harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User or User Content (whether online or offline). Notwithstanding the foregoing, Liulo reserves the right to determine, in its sole discretion, what constitutes harassment, mischief, or unacceptable conduct with or towards other Users or User Content, and where that has occurred, and may in its sole discretion, partially or completely deny, suspend or terminate access to the Service to any User that it determines has engaged in such behavior.
12 Third Party Sites, Advertising/Sponsorships/ Promotions on Service.
12.2 By using the Service, you expressly relieve and hold Liulo harmless from any and all liability arising from your use of any Third-Party Communications and Third-Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content on the Service or the failure of such Third-Party Content to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from Third-party Content.
12.3 The Service may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Service is accurate and complies with applicable laws, including. Liulo will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
12.4 Liulo may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Liulo, and can be activated, modified or removed at any time by Liulo without advance notification and the liability of any of Liulo’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to these Terms.
13. Digital Millennium Copyright Act (Copyright Policy)
13.1 We follow the notice and take down provisions of the Digital Millennium Copyright Act (the “DMCA”). In addition, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any Content infringes upon your copyrights, you may submit a notification pursuant to our DMCA Policy by sending an email to email@example.com with a subject line beginning “DMCA Notice” that contains the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
(ii) Identification of the copyright claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing, and where it is located in Service, as applicable;
(iv) Information reasonably sufficient to permit us to contact you;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and(vi) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
13.2 Counter Notification Procedures
If you believe that material you posted on this website or application was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by sending an email to firstname.lastname@example.org with a subject line beginning “Counter Notice” that contains the following information:
(i) Your physical or electronic signature.
(ii) An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
(iii) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
(iv) A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
13.3 The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. Please be aware that if iyou are dishonest and breach the commitments in this Section 13, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
13.4 We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
By providing us with your email address or phone number and using the Service, you hereby affirmatively consent to the use of your email address or phone number for notifications from us regarding important service announcements and other administrative communications related to your use of the Service (including push notifications, if enabled by you), as well as certain marketing and other advertising communications from us and from our third-party advertising partners, as more fully set forth in our Privacy Notice. You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Notice; however, if you do not wish to receive certain service and other administrative notifications related to the Service, your only way to opt out of such messages is to stop using and delete the Service.
15. Updates and Maintenance
15.1 It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Service may vary in functionality, availability and quality depending on the type of the device and the operating system that you use and Liulo accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
15.2 You acknowledge and agree that (i) we retain complete editorial control over the Service and may alter, amend or cease the operation of the Service at any time in our sole discretion without notice to you; and (ii) the Service may be unavailable from time to time (including, but not limited to maintenance purposes).
15.3 Liulo may in the future update the Service for repair or maintenance purposes or to change any tools, products, services, functionalities, or features thereof (an “Update”). Liulo shall not be liable to any User in any way as a result of any temporary or permanent suspension of the Service or any tools, products, services, functionalities, or features thereof arising from or in connection with an Update. Furthermore, Liulo is under no obligation to undergo an Update of the Platform to the extent any Service Content, User Content and/or other tool, product, service, functionality, or feature thereof is out of date. The terms of the License granted to you hereunder shall apply in full to any Update. Following an Update, you may not be able to use the Service until you have downloaded the latest version and accepted any new terms.
16. Account registration.
16.1 While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Platform, whether as a Listener or as a Creator, each User must register for and create an Account.
16.2 You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address or phone number, profile name, country location, and to create an Account login password (collectively, “Registration Data”). Alternatively, you may register for an Account using your Facebook, Google, Apple account or other available and integrated social media plug-in credentials. You agree and represent that all Registration Data you provide to Liulo will be and remain at all times true, accurate, current and complete. Liulo may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by Liulo. In some cases, you will also need to update your Account and/or operating system settings to allow us to access your address book/contacts and enable the geolocation and camera/microphone functions. You must make sure that your Account profile name complies with these Terms. Your registration with us is subject to our confirmation and will become valid when we either confirm your registration or activate your Account.
17. Your Premium Membership Rights and Obligations.
17.1 By paying the subscription fee you will become a membership of the Service. As a paying fee you will gain exclusive access to various features and contents on the Service.
17.2 You shall not add, store or contribute any content (“User Content”) to the Service:
(i) unless you hold all necessary rights, licenses and consents to do so and have fully complied with any such third-party licenses relating to User Content (including paying all royalties, fees and any other monies required to be paid in connection with such User Content);
(ii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably considered in our sole discretion: (1) to be obscene, defamatory, disparaging, indecent, offensive, threatening or to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy or otherwise objectionable; (2) that would demean, criticize, place in a negative or false light, harm or negatively affect the reputation of Liulo, the Service or its associated features; (3) that infringes is likely to infringe the intellectual property or other proprietary rights of any person, or (4) is likely to subject us or our affiliates to any monetary and/or legal obligations.
17.3 You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while using the Service. You accept responsibility for all activities that occur under your account or from your devices. You accept all risks of unauthorized access to the user data and any other information you provide to us.
18. Premium Membership Package Premium Membership Service
18.1 While certain content on the Service is provided free-of-charge (“Free Service”), other features and access to premium content requires payment before you can access them (“Premium Membership Service”). In order to establish your Premium Membership Service, you must have an active Account with Company or with a third party that has been authorized to provide subscriptions to the Service (each, a "Subscription Provider"). If you purchase your Subscription directly from Liulo, you will create or update your Account, as applicable, at the time you make your initial purchase. If you purchase your Subscription through a Subscription Provider instead of directly from Liulo, it may take additional steps to set up your Account. In such cases, separate terms and conditions with such third party in addition to these Terms may apply to your access to the Service.
18.2 If you choose to use Premium Membership Service or make purchase Premium Membership Package of Service via a third-party application store (like iTunes or Google Play), then such third-party application store will charge you for any such applicable fees or charges (including any applicable taxes), according to their terms and conditions attributable to such purchase.
18.3 If you purchase an auto-recurring periodic Premium Membership Package through an in-Service purchase (The app or the Site), you will continue to be billed for the Premium Membership Package until you cancel. If you do not wish your Premium Membership Package to renew automatically, or if you want to change or terminate your Premium Membership Package , you will need to log in to your account and follow instructions to cancel Premium Membership Package, even if you have otherwise deleted your account with us or if you have deleted the Service from your device. Deleting your member account or deleting the Service from your device does not cancel your Premium Membership Package . You must cancel your Account as set forth in these Terms.
18.4 You retain the right to cancel your Premium Membership Package at any time which must be done via your Apple or Google account or the via the Site or The app (however you originally subscribed). Upon cancellation, you will continue to be Premium Membership Service to the Service until the conclusion of the relevant billing cycle, at which point your subscription and access to the Premium Membership Service will cease.
18.5 If you cancel your Premium Membership Package , following the Premium Membership Package expiration date, Liulo reserves the right delete all files being stored on the Service platform.
19. Billing Cycle and Payment
19.1 The membership fee for the Premium Membership Service, the purchase price of Premium Membership Package , and any other charges you may incur in connection with your use of the Service, such as sales tax, VAT, and any other transaction fees, will be charged to you via your Apple or Google account or via the third-party payment gateway accessible through our website or application.
19.2 The length of your billing cycle will depend on the Premium Membership Package type you select at sign-up for the subscription. Premium Membership Package fees will be payable on either an annual or per month basis.
19.3 In certain circumstances the payment date may change, for example, if your chosen method of payment has not successfully settled.
19.4 Payments will either be to Liulo directly or to a third-party payment processor. Your membership will be terminated in the event of non-payment.
19.5 If a member exercises its cancellation right, Liulo or its billing agents will not charge further Premium Membership Package fees following the date of cancellation. Membership will retain access to Premium Membership Service until the billing cycle concludes. The expiration date will be fixed in-application at the time of subscription.
19.6 All Premium Membership Package subscription fees are non-refundable.
19.7 Liulo may change Premium Membership Package subscription fee from time to time, however, any price changes will apply to subsequent billing cycles only.
19.8 Liulo may, from time to time, offer new members a “free trial” period where Premium Membership Package subscription fees will be waived for a period of time.
20. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Liulo by these Terms.
Liulo may freely assign, sub-contract and/or otherwise transfer any or all of its rights and/or obligations under these Terms to any company, firm or person. You may not transfer your rights or obligations under these Terms to anyone else.
If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content, but excluding User Content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending us Feedback, you agree that: (i) Liulo has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Liulo is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Liulo a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
23.1 Severability. In the event that one or more terms of these Terms becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall be deemed deleted from these Terms in such jurisdiction. All remaining terms of these Terms shall remain in full force and effect and such deletion shall not apply to the Terms in other jurisdictions.
23.2 Applicable Law. These Terms and the Service and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of Singapore without regard to the conflicts of laws provisions thereof.We make no representation that the Content or the Application are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access the Service from their location do so on their own initiative and are responsible for compliance with applicable local laws.
23.3 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Our notice to you via email, regular mail, or notices or links on the Service shall constitute acceptable notice to you under these Terms.
23.4 These Terms constitute the entire agreement between us and unless specifically stated in these Terms, no other representation, document or statement shall be considered part of these Terms.