Terms of Service

Introduce

By using our services, you agree to all the terms in this document, please read carefully. These terms apply to all users of our services and also include a mandatory arbitration clause and class action waiver. This means that you agree to resolve any disputes with us by arbitration by a neutral arbitrator rather than in court. You also agree to file any claims individually and not as part of a class.

Welcome to the Terms of Service of WorryFree Music and its worldwide subsidiaries and affiliates (the “Terms”) linked to these Terms. We provide premium music distribution services to independent artists, labels, and rights organizations, and these Terms are a binding legal agreement between us and all users of our Agreement Services (collectively, “Users” or “you”).

Please read these terms carefully, as they will require you to resolve disputes with us solely through final, binding arbitration. By accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use these services.

Please note that if you use the Services to distribute music, or if you make purchases or subscriptions through the Services, you may see additional legal terms to which you must agree to access or use these specific aspects of the Services (“Additional Terms”). If you agree to any additional terms, those additional terms will apply to these Terms in relation to your use of the Services. However, if any provision in the Additional Terms is inconsistent with any provision in these Terms, the provisions in the Additional Terms will control.

Wuyou Musician is a digital music distribution service under Wuyou Entertainment Group, whose companies are registered in the United States, the United Kingdom, China and Hong Kong, China. The business of Wuyou Entertainment Group includes: film and television, television, film production and distribution, stars, entertainers, self-media blogger brokerage services and management, MCN, performance and brokerage business, record company and artist management, music publishing, copyright agency , Digital music distribution.

Account Creation and Eligibility

Eligibility. To access or use the Services, you agree that you: (1) are at least eighteen (18) years of age; and (2) have all legal rights and authority to enter into these Terms on behalf of yourself, or any legal entity that you represent. If you are entering into these Terms on behalf of an entity, all references to “you” throughout the Terms will also apply to the entity. If you are under age 18, you may only use the Services with the valid consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. If you are a parent or guardian of a user under the age of 18, you acknowledge and agree that you have the authority to provide consent on behalf of such user, and that you provide consent for such user to use the Services.

Account. To access and use the Services, you may be required to register and create an account. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted during registration. You agree to provide and maintain a valid email address and to ensure that you can receive transaction emails (e.g. ensuring that they are not caught by your spam filters) from WorryFree Music. You are fully responsible for any and all activities that occur under your account, and it is your responsibility to choose a strong account password and to ensure that your password remains confidential. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security using the contact information contained at the end of these Terms, and (b) ensure that you exit from your account at the end of each session when accessing the Services. We will not be liable for any loss or damage arising from your failure to comply with this Section.

Social Media Account Information. We may permit you to register for and log on to the Services via certain third-party services, such as social media logins. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy policy and terms.

You may also be asked to submit your social media handles or addresses, including, without limitation, Facebook, Google, Twitter and Spotify (collectively, “Social Media Accounts”). If you choose to do so, you agree that you are authorized to provide us with your Social Media Account information. You also grant us the right to authenticate, access, and collect information connected to your Social Media Accounts, including through sharing your login information.

Changes to the Services and The Terms

Changes to the Services. We may modify or discontinue, temporarily or permanently, the Services (or any part thereof) at any time. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law. You agree that we will not be liable to you or anyone else for any such changes to the Services.

Changes to these Terms. We reserve the right to amend, modify or update these Terms at any time. In the event we do so, we will post an updated version of the Terms on the Services. It is your obligation to check for any changes made to these Terms. Depending on the type of change, we may also provide you with other reasonable means of notification as required by applicable law. It is your responsibility to keep updated contact information on file on your account. If you continue to use the Services after we make changes to these Terms, that means you agree to the changes.

We respect the privacy of our users. For details about our data collection and processing activities please see our Privacy Policy, which is incorporated into these Terms by reference.

Our Intellectual Property Rights

You acknowledge and agree that the Services may contain code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, features, or other materials that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws, and that are owned by us or various third parties (“Content”). Unless otherwise agreed to us in writing, any Content accessed or viewed through the Services are solely for your personal and non-commercial use. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, license to access and use the Services. We may revoke your license at any time any for any reason. Upon such revocation, you must promptly cease access to and use of the Services.

User Content and Feedback

The Services may permit you to you upload, create, and/or share content using the Services, including music, video, audio, text, graphics, and other materials (collectively, “User Content”). You agree that you own such User Content or that in posting or submitting User Content, you are not infringing upon any copyrights or rights of publicity of others, and that your posting or transmission of User Content will not violate any third-party rights. Subject to our Privacy Policy and any applicable Additional Terms, by uploading any User Content you hereby grant us, and our affiliated companies and partners, a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify, analyze, and otherwise use and fully exploit your User Content and its meta data, in any and all media, form, technology or distribution methods now known or later developed and for any and all purposes, including for Worry Free Music’ marketing and other commercial purposes (e.g., creating co-branded or co-sponsored content). You further grant us a royalty-free license to use your name, image, voice, and likeness to identify you as the source of any of your User Content.

You acknowledge and agree that when you view User Content on the Services, you are doing so at your own risk. Under no circumstances will we be liable for any User Content, including, but not limited to, for 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 such User Content. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge that we do not have an obligation to pre-screen User Content, but that we have the right in our sole discretion to refuse or remove, or to edit, any User Content. Without limiting the foregoing, we have the right, in our sole discretion, to remove any User Content that violates these Terms or is deemed by us to be otherwise objectionable.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Services (“Submissions”), provided or submitted by you to us via the Services or otherwise (such as on our social media pages, or in social media posts by you that incorporate our usertags/hashtags) are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that we have limited practical ability to control or monitor possible infringement of your intellectual property rights by other parties and that we assume no responsibility for controlling or monitoring such alleged infringement. We are not responsible for enforcing your intellectual property rights, including by issuing cease and desist letters, filing suit or taking other legal action against alleged infringers. Any infringements shall be reported in accordance with our Copyright Policy for making claims of copyright and/or other intellectual property infringements.

Rules for Accessing and Using the Services

You agree that you will not use the Services to:

engage in any conduct, or post or distribute any User Content, that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, discriminatory, racially hateful, ethnically or otherwise objectionable, or that in our sole judgment is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or any users to any harm or liability of any type;
post or distribute any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
use the Services for commercial purposes, except as permitted by us or in compliance with an applicable developer agreement or API provided by us;
attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials of other users;
scrape, access, monitor, index, frame, link, or copy any Content, User Content, or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any API provided or approved by us;
breach the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
interfere with or disrupt the Services or servers or networks connected to the Services;
violate any applicable local, state, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including giving the impression that any User Content you upload, post, transmit, distribute, or otherwise make available emanates from the Services;
solicit personal information from other users, including, but not limited to, for the purpose of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
access or use the Services if you are not fully able and legally competent to agree to these Terms or are not authorized to use the Services by your parent or legal guardian.

You acknowledge, consent, and agree that we may access, preserve, and disclose your information and/or any User Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms, our Privacy Policy or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; and (4) to protect the rights, property, or personal safety of us, our agents and affiliates, our users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

Payments

The Services may include content, either digital or physical, for purchase, and/or allow you to purchase a recurring subscription (“Paid Services”). If you access or use any Paid Services, you agree to be bound by any Additional Terms provided in connection with the Paid Services, as well as with our Terms of Sale. You agree to pay all fees due in connection with Paid Services, including any applicable taxes, and you agree that such payments may be processed by our third-party payment processors subject to their independent terms and conditions. If you use a Paid Service that permits direct payment between you and another user of the Services, you acknowledge and agree that we have no liability or responsibility for such purchases or the quality of the items purchased. Any dealings you have with third parties while using the Services are between you and such third parties, and you agree that we are not liable for any loss or claim that you may have against any such third party.

Third-Party Websites and Services

The Services may include links or other access to third-party sites and services. We have no control over such sites and services and we are not responsible for and do not endorse such sites and services. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or services.

Disclaimer

Your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. Except as otherwise expressly stated herein, we expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that (I) the Services will meet your requirements, (II) the Services will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from using the Services will be accurate or reliable, or (IV) that the Services, content, User Content or other material you access or obtain through the Services will be of the quality you expect, accurate, complete or up-to-date.

Indemnification and Release

To the fullest extent permitted by law, you agree to release, indemnify, and hold us and our partners and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Content or User Content, your violation of these Terms, or your violation of any rights of another (“Claims”). This release is intended to be a general and complete release of all Claims and all released persons may plead the existence of this release as a full and complete defense to any Claim.

Termination

Subject to any Additional Terms between you and us that state otherwise, you agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any User Content within the Services, for any reason, including, without limitation, if we believe that you have violated these Terms. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Services. If you are blocked by us from accessing the Services (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). You can terminate your use of the Services at any time by stopping your use of the Services, or as otherwise provided in any Additional Terms between you and us.

Assume harmless and limited liability

You agree to use the Services at your own risk and agree to hold harmless WorryFree Music and its licensors and/or us or any of their respective successors and assigns from any and all liabilities, injuries, damages, costs (including attorneys’ fees and legal costs), and court costs), costs, charges, claims, and legal actions of any kind of any kind that may arise out of your use of the Services, any violation of these Terms or applicable law, or any third party’s claim of infringement, to any intellectual property rights or any other rights arising out of hosting, making available, or in any other way using your User Content on the Services. Your agreement to these terms shall permanently and completely bar you from taking legal action of any kind against WorryFree Music for use of the Services or for any consequences of any kind and form,

ALL INFORMATION, CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS”. We disclaim all warranties, express or implied, of fitness for a particular purpose or purpose or of any other warranty, condition, guarantee or representation, including without limitation, the accuracy, timeliness or usefulness of any information or material provided by Serve. We cannot guarantee that access to or use of the Site and Services will be continuous, uninterrupted, error-free or secure. We expressly disclaim all warranties to the fullest extent permitted by law. Neither WorryFree Music nor any of our shareholders, officers, directors, employees, affiliates, representatives, agents, predecessors, successors, licensors or assigns shall have any indirect, consequential, special, special, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, OR ANY DAMAGES OR LOSSES, INTERRUPTIONS, ERRORS, DEFECTS OR DELAYS IN PERFORMANCE REGARDLESS OF THE NATURE OF THE CLAIM, REGARDLESS OF THE NATURE OF THE CLAIMS, EVEN IF ADVISED possibility of such damage or loss. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY AND OUR LICENSORS BE LIMITED TO $100. The foregoing applies to the maximum extent permitted by applicable law. regardless of the nature of the claim, even if advised of the possibility of such damage or loss. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY AND OUR LICENSORS BE LIMITED TO $100. The foregoing applies to the maximum extent permitted by applicable law. regardless of the nature of the claim, even if advised of the possibility of such damage or loss. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY AND OUR LICENSORS BE LIMITED TO $100. The foregoing applies to the maximum extent permitted by applicable law.