User agreement
Protocol version: V1
Date of Release: [July] [16th] [2024]
Effective date:[July] [16th] [2024]
Formulation subject: 3UP Network Technology PTE.LTD.
Welcome to AuraPlayer!
This User Agreement (hereinafter referred to as "Agreement") is concluded between you (or the "User") and the operator of the AuraPlayer (including apps, applets, or other products or services provided through software programs for mobile devices), 3UP Network Technology PTE.LTD. (hereinafter referred to as "we" or 3UP"). Please read the terms and conditions of this Agreement, especially the bolded portions, completely and carefully.
The content of this Agreement is the rights and obligations between 3UP and the User regarding the use of the AuraPlayer Service (hereinafter referred to as the "Service"). "User" means an individual who uses the Service. Your downloading, installing, launching, browsing, registering, logging in, any use of the products and/or services provided by us is based on your agreement to all the terms of this Agreement. Your use and other actions will be deemed to be you agreement to perform in accordance with the terms of this Agreement. If you do not agree to accept any of the terms of this Agreement, you should immediately stop using AuraPlayer's products and services.
If you do not have full capacity for civil conduct due to age, intelligence and other factors, please read this Agreement carefully, especially the terms marked in bold, accompanied by your parents or other guardians (hereinafter collectively referred to as guardians), and start using the Service after confirming that you fully understand and agree to be bound by all the terms of this Agreement.
Due to legal updates, operational changes, product adjustments and other factors, we may revise the terms of this Agreement from time to time. When the terms of this Agreement are changed, we will show you the revised terms of the Agreement through push, pop-up and other forms, please read carefully and make a decision whether to continue using the Service.If you do not agree to be bound by terms of the revised Agreement, you should immediately stop using the Service. If you do not immediately stop using the Service, your continued use of the Service shall be deemed as your actual behavior indicating that you acknowledge and agree to accept the revised Agreement.
1. Service content
1.1 You can download installation files of AuraPlayer through our authorized application markets (such as Apple Store, Android Store, etc.).
1.2 AuraPlayer is a professional local media player, capable of playing a variety of different video formats, dedicated to providing users with fast and stable video playback. High-quality video playback, presenting you with smooth and clear video viewing, making your video playback more enjoyable.
1.3 We will adjust the service content from time to time according to the development of our business. We reserve the right to modify, update and upgrade products or services at our sole discretion. If there is an updated version, we will let you know through a pop-up window. You can also check the version information of AuraPlayer for updates to obtain our updated and upgraded service. In order to ensure the security and functional consistency of AuraPlayer service, we may restrict the functions of the old version after the release of the new version, and we cannot guarantee its continued use and corresponding customer service. Please check and download the latest version at any time.
2. User posting content specification
2.1 The content referred to in this Article is any content produced, uploaded, copied, posted and transmitted by users in the course of using AuraPlayer, including but not limited to registration information such as account avatar, name, and user description, or sent, replied, or auto-replied messages and related link pages in the form of text, voice, pictures, videos, graphics, and other content generated by the use of the account or the Service.
2.2 Any content transmitted or posted by Users on or through the Service does not reflect or represent, and shall not be deemed to reflect or represent, our views, positions or policies, for which we shall not be liable.
2.3 Users shall not use the "AuraPlayer" account or the Service to create, upload, copy, publish or disseminate the following prohibited by laws, regulations and policies:
a) opposed to the fundamental principles set forth in the Constitution;
b) endangering national security, leaking state secrets, subverting state power, or undermining national unity;
c) damage to national honor and interests;
d) inciting ethnic hatred, ethnic discrimination and undermining national unity;
e) undermining national religious policies and promotes cults and feudal superstitions;
f) spreading rumors, disturbing social order and undermining social stability;
g) spreading obscenity, pornography, gambling, violence, murder, terror or abetting crimes;
h) insulting or defaming others, infringing upon the legitimate rights and interests of others;
i) Failure to comply with the "Seven Bottom Lines" of laws and regulations, socialist system, national interests, legitimate rights and interests of citizens, public order, morality and authenticity of information;
j) Information containing other contents prohibited by laws and administrative regulations.
2.4 Users shall not use the "AuraPlayer" account or the Service to create, upload, copy, publish or disseminate the following content that interferes with the normal operation of AuraPlayer or infringes the legitimate rights and interests of other users or third parties:
a) contains any sexual or sexual implication;
b) containing abusive, intimidating or threatening content;
c) containing harassment, junk advertising, malicious information, decoy information;
d) involving the privacy, personal information or data of others;
e) infringing others' legitimate rights of reputation, portrait, intellectual property, trade secrets, etc.;
f) contains other information that interferes with the normal operation of the Service and infringes the legitimate rights and interests of other users or third parties.
3. User behavior standards
3.1 The user shall not use the AuraPlayer Account or the Service to do any of the following:
a) Submitting or publishing false information, or stealing others' avatar, mobile phone numbers or materials, impersonating or using others' names;
b) fabricating facts or concealing the truth in order to mislead or deceive others;
c) Using technical means to establish fake accounts in bulk;
d) Use the "AuraPlayer" account or the Service to engage in any illegal and criminal activities;
e) to create and publish methods and tools related to the above actions, or to operate or disseminate such methods and tools, whether or not these actions are for commercial purposes;
f) Other acts that violate laws and regulations, infringe on the legitimate rights and interests of other users, interfere with the normal operation of AuraPlayer, or are not expressly authorized by AuraPlayer.
3.2 The User is solely responsible for the authenticity, legality, harmlessness, accuracy, validity, etc. of the information transmitted by the User using the "AuraPlayer" account or the Service, and any legal liability related to the information transmitted by the User is solely borne by the User and has nothing to do with AuraPlayer. If damages are caused to AuraPlayer or third parties as a result, the User shall compensate according to law.
3.3 Advertisements may be included in the services provided by AuraPlayer, and the User agrees to display advertisements provided by AuraPlayer and third-party suppliers and partners during use. Except as expressly provided by laws and regulations, the User shall be solely responsible for the transactions made on the basis of such advertising information, and AuraPlayer shall not be liable for any loss or damage suffered by the User as a result of the transactions made on the basis of such advertising information or the content provided by such advertisers.
3.4 Unless prior written permission is obtained from AuraPlayer, you may not engage in any of the following:
a) Remove information about copyrights on the software and its copies;
b)Reverse engineer, reverse assemble, reverse compile, or otherwise attempt to discover the source code of the software;
c) Use, rent, lease, loan, copy, modify, link to, reproduce, compile, publish, distribute, create mirror sites, etc., of content for which AuraPlayer has intellectual property rights;
d)Copying, modifying, adding, deleting, linking to, or creating any derivative works of the Software or data released into the memory of any terminal during the operation of the Software, the interaction data between the client and the server during the operation of the Software, and the system data necessary for the operation of the Software, including, without limitation, the use of plug-ins, extras or third party tools/services that are not authorised by AuraPlayer for accessing the Software and the associated system;
e) Adding, deleting, or changing the functions or operating effects of the software by modifying or falsifying instructions or data in the operation of the software, or operating or distributing to the public the software or methods used for the above purposes, whether or not such acts are for commercial purposes;
f) Login to or use AuraPlayer software and services through third-party software, plug-ins, plug-ins, or systems not developed or authorized by AuraPlayer, or create, publish, or disseminate third-party software, plug-ins, plug-ins, or systems that are not developed or authorized by AuraPlayer.
4. Information protection
4.1 In the process of using the Service, users is required to fill in or provide us with the necessary personal or third-party information. Failure to submit the information required for the Service may prevent the User from using some of the Services or limit the use of some of the Services.
4.2 It is our policy to respect and protect user information, and we will take technical and other necessary measures to ensure the security of user information and to prevent the leakage, destruction or loss of user personal information collected in the Service. In the event that the aforementioned circumstances occur or we find that there is a possibility of the aforementioned circumstances occurring, we will take remedial measures in a timely manner and notify the user, and the user is required to contact us immediately if he or she finds that there is a possibility of the aforementioned circumstances occurring.
4.3 We guarantee that we collect, use or disclose users' personal information under the principles of legality, legitimacy and necessity, and will not collect users' personal information unrelated to the services provided. For complete personal information protection rules and privacy agreements, please refer to the Privacy Policy and the Minor Personal Information Protection Rules. If you do not agree to the Privacy Policy, the Minors Personal Information Protection Rules, or do not agree to provide us with the necessary permissions, you may not be able to use AuraPlayer or some of the functions of AuraPlayer normally, as specified in the Privacy Policy and the Minors Personal Information Protection Rules.
4.4 Our disclosure of your personal data and privacy information will not be considered a breach of contract if:
a. We have obtained your express authorization;
b. We have the obligation to disclose according to the requirements of relevant laws and regulations;
c. We are required to provide them by judicial or administrative authorities based on legal procedures;
d. Disclosure within reasonable limits in order to protect the public interest and our legitimate rights and interests;
4.5 We may cooperate with third parties to provide users with relevant network services or use their data collection tools to improve their own services. In such cases, we may disclose your information to the extent reasonably possible if the third party agrees to be held to the same level of privacy protection as we are.
5. Take risks
5.1 Users are responsible for all their actions in using or borrowing the Services from others, including any content transmitted by Users and the consequences thereof. Users shall judge the services provided by AuraPlayer and assume all risks arising from the content they upload, including those arising from reliance on the correctness, completeness or usefulness of the content. 3UP cannot and will not be liable for any loss or damage arising from the actions of the User. If the user finds that any person violates this agreement or uses the Service in other improper ways, please report or complain to 3UP immediately, and 3UP will deal with it in accordance with this Agreement.
5.2 3UP will endeavour to maintain the security and convenience of the Services provided under this Agreement, but will not be responsible for the deletion or failure to store content (including but not limited to content uploaded by the User) on the Services.
5.3 The User understands and agrees that, due to business development needs, 3UP reserves the right to unilaterally change, suspend, terminate or withdraw all or part of the Service, and the User shall bear this risk.
6. Intellectual Property Statement
6.1 All intellectual property rights of the user of AuraPlayer and all information content related to the AuraPlayer Software, including but not limited to: textual expressions and their combinations, icons, graphics, images, charts, colors, interface worlds, layout frames, related data, additional programs, printed materials or electronic documents, etc. are the property of AuraPlayer and are protected by patent laws, copyright laws or international copyright treaties, as well as other intellectual property laws and regulations. AuraPlayer hereby grants to the users a free, non-transferable, non-exclusive, worldwide, personal license to use the software programs provided by us and included in the Services to the extent not expressly permitted by this Agreement.
6.2 The icons, logos, web headers, button icons, application icons, text and service names contained in or provided by AuraPlayer's Services are our trademarks, registered trademarks or trade dress (collectively, "Trademarks"). These trade marks or trade dress may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits us or ours in relation to any goods or services with which we are not associated. Nothing in AuraPlayer should be construed as granting, by implication or otherwise, any licence or right to use any trade mark appearing on our site/programme without our written permission.
6.3 Except for the intellectual property rights of the advertisements and videos involved in the Service, which are owned by the corresponding partners, the intellectual property rights of the contents provided by AuraPlayer in the Service (including but not limited to web page, text, pictures, audio, video, graphics, etc.) are owned by AuraPlayer, unless the User has already legally obtained intellectual property rights of the contents posted by the User prior to the use of the Service.
6.4 Unless otherwise specifically stated, the Copyrights, patents and other intellectual property rights in the software underlying the services covered by AuraPlayer are owned by us.
6.5 The intellectual property rights owned by us or the relevant advertisers in accordance with the law are protected by law and may not be used in any form or created by the user as a derivative work without the written permission of us or the relevant advertisers.
7. Legal liability
7.1 If we find or receive reports or complaints from others that users have violated this Agreement, we have the right to review and delete relevant contents, including but not limited to user information and group folder, at any time without notice, depending on the severity of the case, impose penalties on the offending account including but not limited to warnings, account bans, equipment bans, and functionality bans, and notify the user of the results of the process.
7.2 The User understands and agrees that we have the right to punish any violation of relevant laws and regulations or provisions of this Agreement based on reasonable judgment, to take appropriate legal action against any user who violates the law and regulations, and to save relevant the information in accordance with laws and regulations to report to the relevant authorities, etc., and that the user shall bear all the legal liabilities arising therefrom.
7.3 You understand and agree that you shall indemnify and hold harmless AuraPlayer and its partners and affiliates (including loss of available benefits) from or against any claims, demands or losses, including reasonable attorneys' fees, arising from or arising out of your breach of this Agreement by any third party.
8. Force majeure and other exemptions
8.1 The User understands and acknowledges that in the course of using the Service, it may encounter risk factors such as force majeure, which may interrupt the Service. Force majeure refers to objective events that cannot be foreseen, overcome and avoided and that have a significant impact on one or both parties, including, but not limited to, natural disasters such as floods, earthquakes, plague epidemics and storms, as well as social events such as wars, turmoils and governmental actions. AuraPlayer will endeavour to work with the relevant parties to repair the situation in a timely manner in the first instance, but we and our co-operative partners shall be exempted from liability for any damages caused to users or third parties to the extent permitted by law.
8.2 Like most Internet services, the Service is affected by differences in factors including, but not limited to, the user's reasons, the quality of network services, the social environment and other factors, and may be subject to a variety of security problems, such as the use of the user's information by other people, resulting in real- life harassment; the user downloads and installs other software or accesses other websites that contain "Trojan Horse "and other viruses, threatening the user's computer information and data security, and then affect the normal use of the service and so on. Users should strengthen information security and user data protection awareness, pay attention to strengthening password protection to avoid loss and harassment.
8.3 The User understands and acknowledges that there is a risk of service interruption or data loss due to force majeure, computer viruses or hacker attacks, system instability, the User's location, the User's shutdown, and any other technical, interconnecting internet, or communication line reasons, etc., and that we shall not be liable for any damages incurred by the User or third parties as a result of such interruptions.
8.4 The User understands and acknowledges that we shall not be liable for any damages incurred by the User or third parties as a result of the presence of any information from any other person, including misleading, deceptive, threatening, defamatory, offensive or illegal information, or anonymous or impostor information that infringes on the rights of another person, as well as the behaviour that accompanies such information, in the course of the use of the Service.
8.5 The User understands and acknowledges that we are required to repair or maintain the AuraPlayer Program or related equipment from time to time and that we shall not be liable for any interruption of the service within a reasonable period of time due to such circumstances.
8.6 We have been granted the right to deal with illegal or non-compliant content in accordance with laws and regulations and this Agreement, which does not constitute our obligation or commitment, and we cannot guarantee that illegal or non-compliant behavior will be detected or dealt with in a timely manner.
8.7 In no event shall we be liable for any indirect, consequential, punitive, incidental, special or penal damages, including any property damage suffered by you as a result of your use of AuraPlayer or the Service. Our entire liability to the User, regardless of cause or course of conduct, shall at all times not exceed the fees, if any, paid to us by the User for the use of the Services provided by AuraPlayer.
9. Changes, interruptions, termination of services
9.1 In view of the special nature of the Network Services, the User agrees that AuraPlayer reserves the right to change, interrupt or terminate part or all of the Services (including the paid Services) at any time. For AuraPlayer changed, interrupted or terminated the by AuraPlayer, AuraPlayer shall notify the User prior to such change, interruption or termination and shall provide the affected Chargeable Users with alternative services of equivalent value.
9.2 AuraPlayer reserves the right to change, interrupt or terminate the free or paid Services provided to the User without any liability to the User or to any third party in the event of any of the following:
a) According to the law, the user should submit true information, and the personal information provided by the user is untrue or inconsistent with the information at the time of registration, and cannot provide reasonable proof of this;
b) The user violates relevant laws and regulations or provisions of this Agreement;
c) in accordance with the provisions of law or the requirements of competent authorities;
d) For security reasons or other necessary circumstances.
10. Notice and delivery
10.1 The email address or other contact information you provide to AuraPlayer will be used as the address and contact information for us to serve written correspondence on you or for a judicial organ (court, arbitration institution) to serve litigation or arbitration papers on you.
10.2 You should clearly understand that if you do not reserve communication information in AuraPlayer or the reserved communication information is not true or not changed after the change, you may not able to receive the written letters sent by us or the judicial organs (court, arbitration institution) to serve litigation or arbitration documents to you in a timely manner.
11. Other provisions
11.1 We solemnly remind the User of the provisions of this Agreement that exempt us from liability and limit the User's rights, and ask the User to read it carefully and consider the risks independently. Minors should be accompanied by a legal guardian to read this agreement..
11.2 The validity, interpretation and dispute resolution of this Agreement shall be governed by the laws of Singapore. If a dispute or controversy arises from the use of the Service, the User shall first resolve the dispute or controversy through friendly negotiation; if the negotiation fails, the User agrees to submit the dispute or controversy to the jurisdiction of the court with jurisdiction in the place of residence of 3UP.
11.3 If any provision of this Agreement is invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding on both parties.
12. Contact us
If you have any comments about the services we provide, please contact the AuraPlayer customer Service Center.customer service email:A3UPSTORE@outlook.com,contactaddress:73 UPPER PAYA LEBAR ROAD #06-01C CENTRO BIANCO SINGAPORE(534818)