Update date: September 13, 2022
Effectiveness date: September 13, 2022
Clemen User Service Agreement
This Service Agreement mainly explains the following information to you:
I. Definitions
II. User Account Rules
III. User Information Protection
IV. Service Form of Clemen Software
V. The Paid Service Form of Clemen Software
VI. User Code of Conduct
VII. Force Majeure and Other Exemptions
VIII. Intellectual Property Rights
IX. Liabilities for Breach of Contract
X. Revisions to the Agreement
XI. Applicability of Law
XII. Dispute Settlement
XIII. Miscellaneous
I. Definitions
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The “Clemen” herein refers to Clemen Software (Shanghai) Co.,Ltd and/or affiliates thereof.
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The “User” herein refers to a user who chooses to agree to all the terms hereof after reading this Agreement. A User can use the Services by registering and logging onto his/her Clemen account or choosing another third-party login method. However, whether or not to register and log onto the Clemen account or choose another third-party login method does not affect his/her identity as a User hereunder.
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The “Software” herein refers to the software products provided by Clemen, including but not limited to PianoToolbox, U Record and GrandSuite.
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The “Services” herein refers to the editing, recording, playback control, download, shopping mall, game, management, cache, recharge and other services provided through the Software.
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The “Contents” herein include without limitation any music, timbres, texts, pictures, videos, Software itself (program) and other contents received, used and output on the Software. The Contents include contents provided by Clemen, as well as contents created by Users.
II. User Account Rules
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In order to better use the Services hereunder, a User can register a Clemen account and keep the account and password properly after registering the account. A User is solely responsible for any legal responsibilities that may be caused by any Content publication and modification, payment and other behaviors through the account.
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When registering a Clemen account, the User shall follow the registration instructions and fill in his/her personal information legally, accurately and truthfully, including but not limited to the cell phone number, nickname, avatar, etc. The personal information shall not contain any illegal or bad information, and no other people's name, title, trade name, avatar, etc. shall be used for registration, no account shall be registered in a way that is enough to cause confusion and no frequent registration, batch registration, etc. are allowed.
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In the event that the User chooses a third-party login method, Clemen has already configured the Clemen account corresponding to the third-party login method for the User. The User does not need to provide the account number. However, in accordance with national laws and regulations, Clemen shall have the right to require the User to complete the cell phone number authentication before continuing to use some functions and Services.
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The User shall not donate, borrow, lease, transfer or sell the account or otherwise allow others to use the account.
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The User is responsible for keeping the security of the account information, account number and password, and under no circumstances shall the User disclose the account number and password information and verification information to any others. When the User finds that his/her account is not used by himself/herself, a new password should be set.
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In the event that the User loses the account number or forgets the password, the User may notify Clemen for retrieving the account number or password. Clemen will compare relevant information provided by the User with the system record at the time of application, but Clemen is unable to identify accurately whether or not the User is the real authorized user of the account at the time of application. In the event that the account is stolen or the password is lost due to any reasons attributable to the User or other force majeure factors, Clemen will assume no liabilities accordingly.
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The User is not allowed to use the same account on multiple terminal devices at the same time.
III. User Information Protection
To protect the User's personal information is a basic principle of Clemen. Clemen will adopt professional encrypted storage and transmission as well as various security technologies and procedures to establish a sound management system to protect the User' personal information, to avoid unauthorized disclosure, destruction or loss. In the event of any of the foregoing circumstances or when Clemen finds that any of the foregoing circumstances may occur, Clemen will take remedies in a timely manner and inform the User. If the User finds any of the foregoing circumstances, the User shall contact Clemen immediately.
For more details of user information protection, please see the Clemen Privacy Policy.
IV. Service Form of Clemen Software
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Clemen may develop different Software versions for different terminal devices and the User should choose an appropriate version to download as the case may be.
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If the User obtains any Software or any installation program with the same name as the Software from any unauthorized third party, Clemen will not guarantee that the Software can be normally used and will not be liable for any losses that the User suffers therefrom.
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The User agrees that the Software is for the User's personal and non-commercial use only. The User shall not install, use or run this Software for any commercial purposes. If the User needs to use the Software and related Services and Contents for commercial purposes, it shall be obtained from Clemen.
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In order to enhance the user experience and improve the Service Contents, Clemen will provide update Services for the Software from time to time, which may include Software replacement, modification, function enhancement, version upgrade, etc. After the release of a new version of the Software, the old version may become unavailable, and the User should download the latest version in a timely manner.
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To use the Software Services provided by Clemen, the User shall prepare his/her own terminal device (such as computer, mobile device, etc.), and assume the required expenses (such as the network bandwidth fee, mobile phone traffic fee, etc.).
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A specific Service or function in Clemen Software may be provided by the application programming interface (API) and software development kit (SDK) of a third-party partner. Please read and agree to the related agreement before using a specific Service or function. Clemen and the third party will assume their liabilities for any possible disputes within the scope of the legal provisions and agreements.
V. The Paid Service Form of Clemen Software
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Some Services of Clemen are provided on a paid basis. If the User uses any paid Service, the related agreement shall be followed. If the User does not agree to any paid Services, the User shall stop using such Service immediately.
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Clemen may modify and change the charging rate and charging manner for the paid Services as needed and Clemen may also start charging for some free parts of the Services.
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The rights and interests obtained by the User after payment are limited to use under the account, and the User shall not transfer the rights and interests to any other people without the consent of Clemen.
VI. User Code of Conduct
1. The User shall not engage in the following behavior when using Clemen Services:
（1）Publishing, disseminating or storing any contents that violate national laws and endanger national security and unity, social stability, public order and good customs and social morality;
（2）Publishing, disseminating or storing any contents that infringe upon the legitimate rights of others, such as reputation right, portrait right, intellectual property rights and trade secrets;
（3）Making, publishing or disseminating any software used to steal other people's accounts and other people's exclusive information, properties and confidential information;
（4）Selling, leasing, lending, distributing, transferring or sub-licensing this Software and these Services, or profiting from the use of this Software and these Services without the written authorization of Clemen, regardless of whether the above use constitutes any direct economic benefits;
（5）Engaging in profit-making activities, illegal possession or other improper behaviors that are different from normal usage behaviors on the virtual currency in Clemen Software without the consent of Clemen;
（6）Using this Software and these Services by any other illegal means, for any illegal purposes or in any ways inconsistent with that under this Agreement;
（7）Engaging in other behavior that violates the laws, regulations, policies, public order and good customs and social morality.
2. When using Clemen Services, the User shall strictly abide by the above provisions; in case of any violations, the User shall assume all consequences and liabilities arising therefrom. In the event that Clemen is subject to any administrative penalty or litigation compensation due to the User's violation of the above provisions, Clemen will have the right to require the User to jointly resolve the problem and hold the User liable for it.
VII、Force Majeure and Other Exemptions
1. The User understands and agrees that in the course of using these Services, there may be force majeure and other risk factors that interrupt these Services. In the event of force majeure, Clemen will try to work with related departments in the first place and to fix the problem in a timely manner, provided that Clemen will be exempted from any losses suffered by the User therefrom to the extent allowed by law.
2. To the extent allowed by law, Clemen will not be liable for any interruptions or impedance of the Services under the following circumstances:
（1）Where there is any computer virus or Trojan, any other malicious program or hacking;
（2）Where any Software, system, hardware or communication line of the User or Clemen fails.
（3）Where the User operates improperly;
（4）Where the User uses these Services by any means not authorized by Clemen.
VIII. Intellectual Property Rights
1. The trademarks to which Clemen has trademark rights include without limitation Clemen, etc. and its domain names include without limitation “clemenmusic.com” etc.
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Without the written consent of Clemen, the User shall not, for any commercial or non-commercial purposes, display, use, transfer or apply for trademark registration, domain name registration, etc. with the trademarks, trade names, domain names or other distinctive brand features of Clemen on his/her own or allow any third party to do so.
2. The Contents of Software that are protected by the Copyright Law shall include without limitation any music, timbres, texts, pictures, videos and other related Contents, including the Software itself (program).
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The User shall not delete any copyright-related information on the Software or any duplicate thereof.
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For Contents to which Clemen has copyrights:
（1）Without the consent of Clemen, the User shall not infringe upon the rights of modification, adaptation, reproduction, information network dissemination, broadcasting, distribution, performance and screening and other rights that Clemen shall have to all or part of the Contents (document contents) received, used and output by this Software;
（2）Without the consent of Clemen, the User shall not use all or part of the Contents (document contents) received, used and output by this Software for any commercial purpose;
（3）Without the consent of Clemen, the User shall not infringe upon the rights of modification, adaptation, reproduction, distribution, lease, information network dissemination, etc. that Clemen shall have to the Software itself.
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For the Contents to which the User or a third party has copyrights:
（1）No infringement with this Software upon any third-party copyright is allowed;
（2）Clemen will not assume any legal liabilities for any infringement upon any third-party copyrights caused by the use of this Software by the User;
3. In the event that the User finds that any Contents on the Clemen Software infringes upon any intellectual property rights or legitimate rights and interests of others, he/she may give feedback to Clemen to request the deletion of the infringing Contents or disconnect the links to the infringing Contents. Clemen will handle the issue at its sole discretion upon verification.
IX. Liabilities for Breach of Contract
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In the event that Clemen finds or receives any report or complaint from another person that the User violates any terms hereof, or has any infringing/illegal act, Clemen will have the right to delete or block the related Content at any time without notice, and impose penalties on the violating account, including but not limited to warning, restricting or prohibiting the use of some or all of the functions, and account banning, as the case may be.
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Clemen will obtain the right to handle any Content that violates any law or regulation in accordance with the foregoing provision. Such right shall not constitute Clemen's obligations or commitments and Clemen cannot guarantee that it will identify any illegal action or handle it appropriately in time.
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Clemen has the right to deal with violations of relevant laws and regulations or the provisions hereof based on reasonable judgment, take appropriate legal actions against any User who violates laws and regulations, and save related information in accordance with laws and regulations to report to competent departments, etc. The User shall solely assume all legal liabilities arising therefrom.
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The User understands and agrees that the User shall be solely liable for any claim, demand or loss claimed by a third party due to the User's violations of this Agreement or the relevant terms of the Services. In the event that Clemen suffers any loss therefrom, the User shall also be liable for it.
X. Revisions to the Agreement
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Clemen shall have the right to modify the clauses hereof when necessary. The User may also check the latest version of the clauses hereof on relevant Service pages and choose whether or not to agree to it.
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Clemen recommends that the User should take legal means to save the Contents and data that he/she needs. If the Services for the User are terminated, Clemen shall have the right to permanently delete the User's data from the server. Upon termination of the Services, Clemen will not be obliged to return the data to the User.
XI. Applicability of Law
The entry into force, effect, interpretation, performance and dispute settlement of this Agreement shall be governed by the law of the People's Republic of China.
XII. Dispute Settlement
In the event that a dispute arises during the performance of this Agreement, both Parties shall actively negotiate to resolve it. If the negotiation fails, both Parties shall agree to submit the dispute to the people's court with jurisdiction to resolve the dispute through litigation.
XIII. Miscellaneous
In the event that any clause hereof becomes invalid or non-enforceable due to any reasons, the remaining clauses shall still be valid and be binding on the two Parties.
Clemen Software (Shanghai) Co.,Ltd