THIS LEGAL AGREEMENT BETWEEN YOU AND NCT CORP. ("NCT") GOVERNS YOUR USE OF THE XMUSIC SERVICE AND ANY FEATURES ACCESSIBLE THEREFROM (THE “XMUSIC SERVICE”).
THE XMUSIC SERVICE
NCT is the provider of the XMusic Service, which permits you to access digital music and other content (“XMusic Products") for end user use only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE XMUSIC SERVICE
The XMusic Service is only available to individuals aged at least 4 years (or equivalent minimum age based on local law), unless your login ID was provided to you as a result of a request by an approved educational institution. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it. We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. Parents and guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the XMusic Service.
Use of the XMusic Service requires a compatible device, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video; access or cellular data fees may apply. Requires iOS 7.0 or later, or Android 4.1 or later or Windows 10 Mobile or later. The latest version of required software is recommended and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
YOUR XMUSIC ACCOUNT
In order to use XMusic Service, you must enter your Facebook ID and password or Google + ID and password. You agree to provide accurate and complete Registration Data when you register with, and as you use, the XMusic Service.
NCT logs information about your use of the XMusic Service. This information includes, but is not limited to, the XMusic Products you listen to (including whether you skip or stop) and the length of your listening session. NCT may also collect device information such as IP address, device type, operating system version and type, and unique device identifiers. Any music preference information you provide to NCT will also be stored in association with your Account. This information will be used by NCT for purposes such as providing the XMusic Service, personalizing our recommendations to you, reporting to licensors and paying royalties, customizing and improving NCT products and Services including the XMusic Service, providing relevant advertising, protecting against fraud and enforcing this Agreement.
If you buy a subscription to the XMusic Service (an “XMusic Subscription”), NCT will automatically charge the payment method associated with your NCT ID on a recurring basis until you turn off automatic renewal. You may turn off automatic renewal of your XMusic Subscription at any time in the Account Settings menu on your device, or in the Settings app on your device. If you turn off automatic renewal, you will continue to have access to the XMusic Service for the remainder of your XMusic Subscription term. When your XMusic Subscription term ends, you will lose access to any feature of the XMusic Service that requires an XMusic Subscription, including but not limited to access to XMusic Products accessible through the XMusic Service or stored on your device, and any songs stored in your Music Library. XMusic Subscription purchases are final. Your payment method will be charged no more than 24 hours prior to the expiration of the current XMusic Subscription period.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL XMUSIC SUBSCRIPTION FEES AND FOR PROVIDING NCT WITH A VALID PAYMENT METHOD. If NCT is unable to successfully charge your payment method for XMusic Subscription fees due, NCT reserves the right to cancel your XMusic Subscription. If your XMusic Subscription is cancelled, you will lose access to any feature of the XMusic Service that requires an XMusic Subscription.
If you want to designate a different payment method or if there is a change in your payment method status, you must change your information in the Account Settings menu on your device or computer; this may temporarily disrupt your access to the XMusic Service while NCT verifies your new payment information.
We may contact you via email or push notification regarding your Account or any XMusic Service feature, for reasons including, without limitation, that your XMusic Subscription will not automatically renew or will be cancelled.
Where available, you may be offered an XMusic Subscription through your carrier (a “Carrier Subscription”). If you purchase a Carrier Subscription, your carrier will bill you for the cost of your XMusic Subscription. Your relationship with the carrier is governed by the carrier’s terms and conditions, not this Agreement, and any disputes related to a Carrier Subscription must be directed to your carrier, not NCT. By using the XMusic Service, you agree that your carrier may exchange your carrier account information, telephone number and subscription information with NCT, and NCT may use this information to determine the status of your Carrier Subscription.
When you set up your XMusic Subscription, XMusic will scan the song files on your device and collect other information that may be used to identify media in your Music Library, such as the names of songs, song artists or song durations. Unidentified songs on your device will remain in local storage. You should backup your Music Library before setting up your XMusic Subscription.
SUBMISSIONS TO THE XMUSIC SERVICE
The XMusic Service may offer interactive features that allow you to submit materials (including but not limited to your name, picture, content, information and third-party content) on areas of the XMusic Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses applicable to such materials and their distribution. You agree to provide accurate and complete information in connection with your submission of any materials on the XMusic Service. You hereby grant NCT a worldwide, royalty-free, nonexclusive license to use such materials as part of the XMusic Service or in relation to XMusic Products, and the marketing of the XMusic Service, without any compensation or obligation to you. NCT reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
NCT has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the XMusic Service, to investigate any reported or apparent violation of this Agreement, and to take any action that NCT in its sole discretion deems appropriate, including, without limitation, termination hereunder or under NCT’s Copyright Policy (http://stc.nct.nixcdn.com/static_v8/generals/Chinh_sach_quyen_SHTT.zip).
XMUSIC SUBMISSIONS GUIDELINES
Content submitted to the XMusic Service is subject to the following guidelines (the “Guidelines”), which may be updated from time to time. If you see content submitted to the XMusic Service that does not comply with these Guidelines, please use the Report a Concern feature.
You may not use the XMusic Service to:
- Post objectionable, offensive or harmful content, including but not limited to content that is unlawful, harassing, threatening, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- Post personal, private or confidential information belonging to others, including but not limited to phone numbers, addresses, billing information or photos or videos taken or distributed without the subject’s permission;
- Request personal information from a minor;
- Impersonate or misrepresent yourself as another person, artist, entity, another XMusic user, an NCT employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (NCT reserves the right at any time to reject, reclaim, modify or block any user name, user handle or other identifier which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity, or for any other reason at NCT’s sole discretion);
- Engage in copyright or other intellectual property infringement (including posting content that you do not own or have permission to post), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- Post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
- Plan or engage in any illegal activity.
NCT and its licensors reserve the right to change, suspend, remove, discontinue or disable access to the XMusic Service and any XMusic Products, content, or other materials comprising a part of the XMusic Service at any time without notice. In no event will NCT be liable for making these changes. NCT may also impose limits on the use of or access to certain features or portions of the XMusic Service, in any case and without notice or liability.
USE OF CONTENT
You agree that the XMusic Service includes security technology that limits your use of XMusic Products and that, whether or not XMusic Products are limited by security technology, you shall use XMusic Products in compliance with the applicable usage rules established by NCT and its licensors (“XMusic Usage Rules”), and that any other use of the XMusic Products may constitute a copyright infringement. Any security technology is an inseparable part of the XMusic Products and the XMusic Service. NCT reserves the right to modify the XMusic Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such XMusic Usage Rules for any reason, or to attempt or assist another person to do so. XMusic Usage Rules may be controlled and monitored by NCT for compliance purposes, and NCT reserves the right to enforce the XMusic Usage Rules without notice to you. You agree not to access the XMusic Service by any means other than through software that is provided by NCT for accessing the XMusic Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the XMusic Service. Violations of system or network security may result in civil or criminal liability.
XMUSIC USAGE RULES
- You shall be authorized to use the XMusic Service and XMusic Products only for personal, noncommercial use, except as otherwise authorized by NCT.
- You shall not be entitled to burn XMusic Products.
- The delivery of the XMusic Service or XMusic Products does not transfer to you any commercial or promotional use rights in the XMusic Service or XMusic Products.
Certain XMusic Products, content, and services available via the XMusic Service may include materials from third parties. NCT may provide links to third-party websites, products or services as a convenience to you. You agree that NCT is not responsible for examining or evaluating the content or accuracy and NCT does not warrant and will not have any liability or responsibility for any third-party materials, websites, products or services. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that NCT is not in any way responsible for any such use by you.
You understand that by using the XMusic Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. You agree to use the XMusic Service at your sole risk and NCT shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. XMusic Product types and descriptions are provided for convenience, and you agree that NCT does not guarantee their accuracy.
You agree that the XMusic Service, including but not limited to XMusic Products, graphics, user interface, audio, video, editorial content, and the scripts and software used to implement the XMusic Service, contains proprietary information and material that is owned by NCT and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the XMusic Service in compliance with this Agreement. No portion of the XMusic Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the XMusic Service in any manner, and you shall not exploit the XMusic Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
All copyrights in and to the XMusic Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by NCT and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE XMUSIC SERVICE, EXCEPT FOR USE OF THE XMUSIC SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
As user of the XMusic Service in good standing, you may be provided with limited access to download certain album cover art for music stored on a device. Such access is provided as an accommodation only, and NCT does not warrant, and will not have any liability or responsibility for, such album cover art or your use thereof. You may access album cover art only in connection with the XMusic Service. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any other party, and that NCT is not in any way responsible for any such use by you.
If you fail, or NCT suspects that you have failed, to comply with any of the provisions of this Agreement, NCT, at its sole discretion, without notice to you, and without waiving your liability for all amounts due under your Account, may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the XMusic Service (or any part thereof).
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
NCT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE XMUSIC SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME NCT MAY REMOVE THE XMUSIC SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE XMUSIC SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE XMUSIC SERVICE IS AT YOUR SOLE RISK. THE XMUSIC SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE XMUSIC SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY NCT) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL NCT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE XMUSIC SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE XMUSIC SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR XMUSIC PRODUCTS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR XMUSIC PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE XMUSIC SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NCT'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
NCT SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE XMUSIC SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND NCT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
NCT DOES NOT REPRESENT OR GUARANTEE THAT THE XMUSIC SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND NCT DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM BEFORE, DURING AND AFTER USING THE XMUSIC SERVICE, INCLUDING ANY CONTENT OR DATA USED IN CONNECTION WITH OR ACQUIRED FROM THE XMUSIC SERVICE.
WAIVER AND INDEMNITY
BY USING THE XMUSIC SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD NCT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE XMUSIC SERVICE, OR ANY ACTION TAKEN BY NCT AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM NCT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE XMUSIC SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF NCT'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
NCT reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the XMusic Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the XMusic Service will be deemed acceptance thereof.
If you believe that any XMusic Products or any other content available through the XMusic Service infringes a copyright claimed by you, please contact NCT's Copyright Agent as described in our Copyright Policy at http://stc.nct.nixcdn.com/static_v8/generals/Chinh_sach_quyen_SHTT.zip. NCT may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.
This Agreement constitutes the entire agreement between you and NCT and governs your use of the XMusic Service, superseding any prior agreements between you and NCT. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. NCT's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. NCT will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The XMusic Service is operated by NCT from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the XMusic Service. All transactions on the XMusic Service are governed by California law, without giving effect to its conflict of law provisions. Your use of the XMusic Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with NCT or relating in any way to your use of the XMusic Service resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No NCT employee or agent has the authority to vary this Agreement.
NCT may notify you with respect to the XMusic Service by sending you an email message, or a letter via postal mail to your Account mailing address, or by a posting on the XMusic Service. Notices shall become effective immediately.
NCT reserves the right to take steps NCT believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that NCT has the right, without liability to you, to disclose any Account information to law enforcement authorities, government officials, and/or a third party, as NCT believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to NCT's right to cooperate with any legal process relating to your use of the XMusic Service and/or XMusic Products, and/or a third-party claim that your use of the XMusic Service and/or XMusic Products is unlawful and/or infringes such third party's rights).