TERM OF SERVICE

This agreement is between Mydiowork Technology Pte Ltd (“MydioSing”) and “You” as the user of MydioSing’s products and Services, collectively referred to as “Service”.

  1. YOUR ACCEPTANCEa.By using the Service, You signify your agreement to the Terms and Conditions (“T&C”) shown here.b.MydioSing may, in its sole discretion, modify or revise our T&C from time to time. When this happens, we may attempt to notify You on the changes. Furthermore, You should periodically check the most up-to-date version of our T&C here.
  2. MydioSing’s ACCOUNTSa.To use the Service, You may login as (a) Guest user with limited usage or (b) MydioSing’s user with either Facebook account or MydioSing’s account. For the later, You have to register using your own email account as the login ID.b.You may not use Facebook and/or email account that does not belong to you.c.When creating MydioSing’s account, You must provide accurate and complete information.d.You must notify MydioSingimmediately of any breach of security or unauthorized use of your MydioSing’s account.e.MydioSing will not be liable for any losses caused by any unauthorized use of your account.
  3. ILLEGAL USERSMydioSing reserves the right to permanently mark a user as illegal and effectively remove this user from the Service, if the user was found to do any of the following:a.Insult, attack or otherwise demean individuals or groups, by using offensive speech and/or bullying tactic.b.Engage in physical behaviour such as, but not limited to stalking, harassing, or intimidating other MydioSing’s users.c.Attempt to hack the Serviced.In violation of any international or local law where you use the Servicee.To use the Service in other manners than its intended purpose.
  4. GENERAL RULE FOR THE ServiceMydioSing grants You permission to use the Service, provided that:a.You agree to use the Service “as is” and not to modify any part of the Service without any prior written permission.b.In using the Service, You will comply with all applicable international and local laws where you reside.c.You do not have any rights to use and/or leverage the Service in any commercial activities, unless you have MydioSing's prior written approval. Such commercial activities are, but not limited to, reselling the Service, using Service as a means for advertising, sponsorships or promotions for other products and services.d.MydioSing reserves the right to discontinue the Service at any time of its choosing.
  5. 3rd PARTY MUSIC CONTENTThe following apply specifically to the use and access of any MydioSing’s musical content (“Content”):a.All Content available on the Service, including its trademarks, Service marks and logos, are owned by or licensed to MydioSing, subject to copyright and other intellectual property rights under the law.b.You may access Content for your personal use solely as intended through the provided functionality of the Service and as permitted under the Terms & Conditions layout herein. You shall not copy, distribute, broadcast, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of MydioSing or the respective licensors of the Content.c.You agree not to disable, circumvent, interfere or hack with the Service that allows you to copy the Content or extend the use of Service in a manner that is not intended originally.d.By using the Service, Youacknowledge and understand that Youmay be exposed to Content that you may deemed offensive, indecent, inaccurate or objectionable. Youhereby agree to waive any legal, equitable rights, any and all remedies You have or may have against MydioSing with respect thereto, and agree to indemnify and hold harmless MydioSing, its owners, operators, affiliates, licensors, and licensees regarding all matters related to your use of the Service.
  6. YOUR MUSIC CONTENT and ITS LICENSE TO MydioSinga.The Service allows You to submit Content. You hereby fully agree that MydioSing does not guarantee any confidentiality with respect to any and all Content that You submitted.b.You hereby agree that you are solely responsible for your own Content and the consequences of submitting your Content into the Service. You understand and affirm that You have the necessary licenses, rights, consents, and permissions to publish Content that you submitted to MydioSing; and you granted license to MydioSing all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service.c.By submitting your Content to MydioSing, You hereby grant MydioSing all rights for worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, monetize, distribute, modify, prepare derivative works of, display, and perform the Content in connection with the Service and MydioSing's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to access your Content through the Service, and to use, reproduce, distribute, modify, prepare derivative works of, display and perform such Content as permitted through the functionality of the Service.d.You are free to remove your Content at any time. You understand and agree, however, that MydioSing may retain, but not display, distribute or perform, server copies of your Content that have been removed or deleted by you. Furthermore, you understand and agree that any Content you have submitted, as thereafter modified by any other user of the Service, which has been previously downloaded by any other user or person will remain within the control of such user or person.e.You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant MydioSing all of the license rights granted herein.f.MydioSing expressly disclaims any and all liability in connection with Content. MydioSing does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and MydioSingwill remove all Content if properly notified that such Content infringes on another's intellectual property rights. MydioSing reserves the right to remove Content without prior notice.
  7. ACCOUNT TERMINATION POLICYa.MydioSing reserves the right to make its own judgment whether Contentviolates the T&C, such as, but not limited to, pornography, obscenity, or excessive length. Furthermore, MydioSing may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of the T&C.b.MydioSing reserves the right to terminate a user's access to the Service if in MydioSing’s judgement that the user has infringed the T&Clayout herein.
  8. WARRANTY DISCLAIMERYOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MYDIOSING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. MYDIOSINGASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Service, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MYDIOSING’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE. MYDIOSING DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SMULE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE.
  9. LIMITATION OF LIABILITYIN NO EVENT SHALL MYDIOSING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MYDIOSING’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE Service, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.YOU SPECIFICALLY ACKNOWLEDGE THAT MYDIOSING SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  10. INDEMNITYBy using MydioSing, You hereby agree to defend, indemnify and hold harmless MydioSing, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of the T&C; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive the T&C and your use of the Service.11.ABILITY TO ACCEPT TERMS OF ServiceYou affirm that you are of legal age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in the T&C.
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