Last updated: June 10, 2022This Terms of Service (the "agreement") is made between Everplay Magetic. and you, our customer ("You"). It will help you to know your rights and responsibilities that apply to your use of our mobile app ("Our app" or "Our services")
Before accessing or using our app, please read and accept this agreement. If you do not agree to all these terms, you should not use our app. And we are not responsible for the product/services provided by the Third Party through our app, so if you want to use their product/services, you may comply with their terms respectively.
1. AcceptanceDownloading our app playing music or otherwise accessing or using our services will constitute your accepting this Agreement and consent to contract with us electronically.
We may revise and update this Agreement, in our sole direction. And we will notice you that we have updated our terms. If you continue to use our services, it means you accept the updated version of this Agreement.
2. Our ServicesWe grant you access to our services. You can use our app to play music, set up ringtones, or any other functionality that we may provide.
3. Intellectual PropertyAll material available on the Service and all material and services provided by or through our app, our company's employees, agents, licensors, or other commercial partners including, but not limited to, software, effect design, fonts, sticker design, music or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Material"), are owned by us or our licensors or service providers and are protected by copyright, trademark, trade secret and other intellectual property laws. Except as explicitly provided herein, nothing in this agreement will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, or create derivative work from any Material.
4. Your ResponsibilitiesIn order to use our services and Materials, you must agree to abide by this agreement and the other party's license. We will not be responsible or liable for any use of your content by us in accordance with these Terms.
5. Terms of TerminationThe agreement will continue to apply until terminated by either you or Everplay as follows. You may end your legal agreement with Everplay at any time for any reason by discontinuing your use of our app.
We may cease providing you with all or part of the at any time for any reason, including, but not limited too if we reasonably believe:
- you have violated these Terms;
- you create risk or possible legal exposure for us.
In all such cases, the Terms shall terminate.
7. Limitation of LiabilityYou understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from
- the use, disclosure, or display of the Content you created by using our services;
- your use or inability to use the Service;
- statements or conduct of any third party on the Service;
- or any other matter relating to the Service.
8. Disclaimers and WarrantiesUnless stated in the Additional Terms, the services and software are provided "AS-IS." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the services. We further disclaim any warranty that
- the services or software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free;
- the results obtained from the use of the services or software will be effective, accurate, or reliable;
- the quality of the services or software will meet your expectations;
- any errors or defects in the services or software will be corrected.
We specifically disclaim all liability for any actions resulting from your use of any services or software. You may use and access the services or software at your own discretion and at risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any service or software.
We are not responsible for the user-generated content that you publicly shared on other websites or social media.
9. OtherIf you have questions about the content of this agreement or need to give us feedback during use, you can contact us at
[email protected].