Terms of Service - NetEase Cloud Music
[Note] Thanks for using NetEase Cloud Music software or services provided by NetEase, Inc. (“NetEase”). You (the “User”) must read the following carefully, especially those bolded and underlined. Minor users should read with their legal guardian. By using NetEase Cloud Music software or service, you enter into an agreement with NetEase and voluntarily accept all the provisions of these Terms of Service (“Terms”). You shall not raise any form of defense on the grounds of not reading these Terms hereafter.
1. Acknowledgement and acceptance of these Terms.
These Terms are an agreement between the User and NetEase regarding the use of NetEase Cloud Music software or services, comprising the main body set out herein and all rules that have been published or may be published in the future by NetEase. Such rules are an integral part of these Terms and have the same legal effect as the main body. Unless expressly stated otherwise, the User’s use of NetEase Cloud Music software or services is subject to these Terms.
Any revision to these Terms due to the development of NetEase Cloud Music will be announced on the NetEase Cloud Music platform, where you can review the latest version of these Terms. You may choose to terminate the use of NetEase Cloud Music software or services if you do not accept the revised Terms. By continuing to use NetEase Cloud Music software or services, you will be deemed to have accepted the revised Terms.
2. Definition of NetEase Cloud Music.
For the purposes of these Terms, any reference to “NetEase Cloud Music” refers to the music products focusing on discovery and sharing which are owned and operated by NetEase, and brand new music life services provided through professional musicians, DJs, friend recommendations and social features.
Through NetEase Cloud Music, the User can enjoy music and DJ programs on it, and enjoy more complete services such as creating more song lists, commenting, and sharing music by logging in it. The User account can be the User's mobile phone number, NetEase email account, or other loginable account added by NetEase Cloud Music. The User shall keep its user account and password confidential and safe. The User shall be solely responsible for any damage to the User, NetEase or a third party arising from the User’s improper handling of its account and password. The User accepts that he has the obligation to inform NetEase immediately of any illegal use of user account or security vulnerability found by him.
The user account information input, logged in, and used when using NetEase Cloud Music services, including the account name, avatar and personal profile, shall comply with seven very basic principles, i.e., the principles of laws and regulations, socialist system, national interests, citizens’ legal rights, public order, social morality and information authenticity. There should be no illegal or unlawful information in the account data, and the Users shall ensure that account information input, logged in, and used by them will not:
(1) violate the provisions of the Constitution or laws and regulations;
(2) endanger national security, leak state secrets, subvert state power or undermine national unity;
(3) harm the state's honor and interests or the public interests;
(4) incite ethnic hatred or ethnic discrimination or undermine ethnic unity;
(5) disrupt the state’s religious policy and promote cults and feudal superstitions;
(6) spread rumors, disrupt social order and undermine social stability;
(7) propagate obscenity, pornography, gambling, violence, homicide, terror or instigate crimes;
(8) insulate or slander others and infringe the legal rights and interests of others;
(9) contain any other content prohibited by laws and administrative regulations.
In the event that the account avatar or personal profile input or used by the User contains any illegal or harmful information, NetEase shall have the right to take measures such as giving a notice of the deadline to correct or suspending account use. NetEase has the right to cancel any account involving fraudulent use of the identity of any affiliate or social celebrity to log in, use, and input account name, avatar, and personal profile, and submit its report to the competent governmental authorities.
3. Revisions.
NetEase reserves the right to revise these Terms in a reasonable manner when necessary, such as by publishing an announcement within the NetEase Cloud Music software or on its website. When using NetEase Cloud Music software or services, the User should check for and get to know the revisions in a timely manner, and comply with them accordingly. By continuing to use NetEase Cloud Music software or services subject to these Terms, the User will be deemed to have accepted the revised Terms. In the event of any dispute, the latest Terms of Service shall prevail. The User has the right to stop using the software or services subject to the revised Terms when he not agree to such revisions.
4. Change or suspension of service.
NetEase is constantly changing and improving its services. NetEase may add or delete some services of NetEase Cloud Music , or suspend or completely terminate the services. The User agrees that NetEase is entitled to exercise the above rights without any liability to the User or any third party.
5. User privacy policy.
The User understands and agrees that, to provide better services to the Users, NetEase will collect and integrate personal information of the Users when the Users voluntarily choose the service or provide such information. When the Users use NetEase's services, the server will automatically record some information, including but not limited to URL, IP address, browser type, language used, date and time of access. To facilitate Users’ login or their use of NetEase's services, NetEase will use cookies and other technologies as necessary, and send the collected information to the corresponding server. The Users can choose to accept or disable cookies. when disabling cookies, the User may not be able to log in or use services or features that rely on cookies. The information collected by NetEase will become part of NetEase's regular business archives, and may be transferred to NetEase's successor or designated party due to its transfer, merger, acquisition or reorganization or other reasons. NetEase agrees to use the collected information in good faith and takes measures to ensure its security.
It is a fundamental policy of NetEase to respect the Users' personal privacy. NetEase will not publicize or disclose the User's registration information and non-public data stored on NetEase Cloud Music services, unless NetEase Company believes in good faith that such disclosure is:
(1) expressly authorized by the User in prior; or
(2) necessary to comply with relevant provisions of laws, including providing User's registration information, what the User posted on the website of NetEase and its posting date, Internet address or domain name when inquired by relevant government agencies; or
(3) necessary to safeguard NetEase's intellectual properties and other important rights; or
(4) necessary to protect the privacy of Users and the public in an emergency; or
(5) in accordance with the relevant provisions of these Terms or otherwise deemed necessary by NetEase.
NetEase may cooperate with third parties to provide related NetEase Cloud Music services, in which case, NetEase may provide User information to such third parties when such third party agrees to assume the same responsibility as NetEase’s to protect the User’s privacy.
6. Force majeure.
NetEase shall not be liable for any losses resulting from force majeure events. For the purpose of these Terms, “force majeure" events includes acts of God, changes to laws and regulations or government directives, causes due to the unique nature of network services, such as failures of domestic and foreign basic telecommunication operators, defects in computers or Internet-related technologies, restrictions on Internet coverage, computer viruses or hacking attacks, and other unforeseeable and unavoidable objective circumstances that cannot be overcome legally.
7. Prohibition on the commercialization of services.
The User promises that, without the consent of NetEase, the User cannot use NetEase Cloud Music software or services for sales or other commercial purposes. When there is a need to use NetEase Cloud Music software or services for commercial purposes, the User should notify NetEase in writing and obtain explicit authorization from NetEase.
8. User management.
The User is solely responsible for what he posts on NetEase Cloud Music. The User' use of NetEase Cloud Music software or services must comply with all applicable local, national and international laws.
The User promises that,
(1) When posting information on NetEase Cloud Music or using NetEase Cloud Music software or services, the User must comply with relevant PRC’s laws and regulations and may not use NetEase Cloud Music software or services to make, copy, publish, or disseminate any information prohibited by laws or administrative regulations;
(2) When posting information on NetEase Cloud Music or using NetEase Cloud Music software or services, the User must also comply with the legal provisions of other relevant countries or regions and relevant provisions of international law;
(2) When posting information on NetEase Cloud Music or using NetEase Cloud Music software or services, the User must also comply with the legal provisions of other relevant countries or regions and relevant provisions of international law;
(a) log in to or use NetEase Cloud Music software or services through third-party compatible software or systems that are not developed, licensed or approved by NetEase, or use plug-ins not developed, licensed or certified by NetEase for NetEase Cloud Music software and related services;
(b) delete any copyright information and content in the NetEase Cloud Music software and other copies;
(c) reverse engineer, disassemble or decompile NetEase Cloud Music Software or otherwise obtain source code from NetEase Cloud Music Software;
(d) deal with NetEase Cloud Music Software related information without the consent of NetEase, including but not limited to, using, renting, lending, copying, modifying, linking, reprinting, compiling, releasing or publishing such information or establishing a mirror site, unauthorized use of NetEase Cloud Music software to develop related derivative products, works, services, plug-ins, add-ons, compatibility, interconnection, etc.;
(e) copy, change, and modify data released to the internal storage of any computer or mobile terminal during the use of NetEase Cloud Music Software or services or exchanged between the client and the server during the running of software;
(f) use NetEase Cloud Music software and services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
(4) Users shall not misuse NetEase Cloud Music software or services, including but not limited to using NetEase Cloud Music software or services to infringe others’ intellectual property rights or legal interests;
(5) Users should comply with NetEase's all other regulations and procedures. Users must be legally responsible for their own acts in the use of NetEase Cloud Music software or services, including but not limited to, compensating the infringed individual/entity or indemnify NetEase against any administrative penalty or damages for infringement which is caused by the User's acts and suffered by NetEase. If the User violates the above provisions, NetEase has the right to, on its discretion, immediately suspend or terminate the provision of part or all of the services to the User, including freezing and canceling the User's account.
The User understands that, if NetEase finds that the information published by Users on the NetEase Cloud Music is obviously the information described in (1) of the paragraph above, according to PRC’s laws, NetEase is obliged to stop the transmission immediately, save relevant records and report it to the relevant government authorities, and delete the address and directory containing the content or shut down the server.
9. Notice.
All notifications sent to Users can be sent via e-mail, regular mail, or announcements prominently within the NetEase Cloud Music software or on NetEase website. NetEase will send the message to the User through one of the above methods, informing them of the revisions of these Terms, service changes, or other important matters.
10. The ownership of content and trademarks.
Content provided by NetEase Cloud Music software or services includes, but is not limited to, audio, video, song graphic materials, song lists, text representations or their combinations, interface design, layout framework, icons, "NetEase Cloud Music" and "Song List" trademarks. Except for software, technology and content involving third-party licenses, all of these contents belong to NetEase and are under the protection of PRC’s copyright laws, trademark laws, patent laws, unfair competition prevention laws and relevant international treaties and other intellectual property laws and regulations. Users can use such contents only with the authorization of NetEase. Without NetEase's written consent, Users cannot copy or reproduce such contents for any profit or non-profit purposes, or create derivative products related to such contents, or authorize third parties to exercise, utilize and transfer the above-mentioned intellectual property rights in the form of transfer or license.
NetEase reserve the right to place advertising and promotional information in the NetEase Cloud Music software during the service or through the service. At the same time, the names of the software and services referred to in these Terms, such as Cloud Music or NetEase, may be NetEase's or its affiliates' trademarks, which, without the prior written consent of NetEase, the User may not display or use in any manner or deal with otherwise or demonstrate to others that it has the right to display, use, or otherwise deal with.
11. Information storage and related intellectual properties.
NetEase will make every effort to maintain the security and convenience of all the services in NetEase Cloud Music Software, but shall not be responsible for the deletion or storage failure of information (including but not limited to user-posted information, user-created song list) in the service. NetEase also reserve the right to determine whether the User's acts meet the requirements of these Terms and suspend or terminate the provision of its NetEase Cloud Music service to any User who violates the provisions of these Terms.
NetEase respects intellectual property rights and attaches great importance to the protection of the rights of Users. In the services included in NetEase Cloud Music Software, Users may need to provide content to NetEase through various ways such as posting comments, in which case, the User still has the full intellectual property of such content. When providing content, the User shall grant a global free license to NetEase to use, distribute, copy, modify, compile, adapt, re-license, translate, create derivative works of, publish, perform and display such content.
12. Governing law.
These Terms shall be governed by the laws of the People's Republic of China without regard to its conflict of law rules
In the event of any dispute arising from your use of the services under these Terms, you agree to submit the dispute to the China International Economic and Trade Arbitration Commission for arbitration. The arbitration shall be conducted by three arbitrators and shall be final and binding on both parties. The arbitration fee shall be borne by the losing party.
13. Miscellaneous.
Some music on NetEase Cloud Music and all the contents on video platform and streaming radio programs are uploaded by the Users. The uploaders are solely responsible for the content uploaded by them. If any third party claims that the uploaded content violates laws and regulations or infringes its rights, the relevant User may provide the following documents or information to NetEase through the customer service email address listed at the end of the Terms of Service. After receiving such documents or information, NetEase will determine whether or not to handle the allegedly infringing content or link:
(1) requested content or link;
(2) identification materials;
(3) contact information and address; and
(4) documents that can prove rights to relevant content.
Unless otherwise proven, the data stored by NetEase on its servers is the only valid evidence about your use of NetEase Cloud Music software or services.
These Terms shall take effects upon its publication and constitutes a mutual understanding between the User and NetEase. NetEase's failure to exercise or failure to timely or fully exercise its rights under these Terms or legal provisions shall not be deemed as a waiver of its rights, nor shall it affect NetEase's further exercise of this rights in the future.
If you have any questions about the content of these Terms, please send an email to our customer service email: (970605308@qq.com).