1. CONSENT AND ACCEPTANCE

When you access to the website of Noizz, download our App Noizz and install it to your device, this user agreement (“Agreement) would reach you and request you to agree after your careful reading, understanding to be bound by the Agreement before you proceed to enjoy your fun through our app. You are one party and the other party is Noizz.

Noizz reserves its sole and absolute discretion to modify or revise the Agreement as she deems it necessary. You are required to review regularly the Agreement at Noizz.

TERMS AND CONDITIONS

Noizz is instrumental and serves as an intermediary for users to share their recorded moment (“Service”). You may upload to Noizz music works of third party for other users to use while producing their recorded video.

Noizz does not endorse any content produced through Noizz by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Noizz expressly disclaims any and all liability in connection with the content in the videos produced.

You may choose to upload to our platform specially designed for Noizz music, video or any other audio works or video works that you create yourself and represent that such works shall not infringe any intellectual property rights or interest of any other third party. You agree that Noizz can remove such works in accordance with Noizz’s policy upon receiving notification of complaint of infringement.

Noizz provides the Service to you for free and in return for enjoying such free access and use of the Service, you acknowledge and agree that Noizz may generate revenues, increase goodwill or otherwise increase the value of Noizz from your use of the Service.

To its best knowledge, Noizz operate in compliance with applicable laws and/or regulation in jurisdiction where Noizz is allowed to operate. Noizz makes no representation that Noizz’s user generated contents or practices would be legal in every jurisdiction. It’s your responsibility to check and see whether Noizz’s operation is prohibited or not in your country of residence.

You shall ensure that you are civilly capable of accepting the service and not under the age of certain number, which tells a minor from a major in your resident country. If you are a minor, you are required to acquire permission from your guardian to use our APP in your resident country.

Subject to 2.4 in this Agreement, you are encouraged to produce video through APP Noizz which may last for period ranging from 0.5 seconds to 15 seconds and share it on our APP and other social media platform such as WhatsApp, Instagram, Facebook, Messenger, Twitter, imo, hike, VK, WeChat, QQ, Weblog, and Musical.ly.

You shall not reproduce, distribute, publicly perform, communicate to the public, synchronize or otherwise use and exploit any third party content, including, but not limited to, sound recordings or musical works in your videos. You are solely responsible for clearing the rights to any third party content, including, but not limited to, sound recordings and musical works for use in video you produce and share on Noizz or other social medial platforms.

You agree not to use Noizz to conduct any activities that are against religious principles or public policies. You shall not use Noizz to conduct any activities that are in relation with terrorism, pornography, religious extremism, drugs traffic or other illegal activities.

You agree not to use the Service for any of the following commercial uses unless you obtain Noizz's prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; Prohibited commercial uses do not include: uploading an original short video to Noizz, or maintaining an original channel on Noizz;

You agree not to use or launch any automated system, including without limitation, 'robots,' 'spiders,' or 'offline readers,' that accesses the Service in a manner that sends more request messages to Noizz servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any videos or enforce limitations on use of the Service or the content therein.

If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

One party may terminate this Agreement by sending a termination email to the other.

3. Noizz ACCOUTS AND PRIVACY POLICY

If you register for an account, you shall be assigned an account with a password set by yourself once you complete your registration process in accordance with our requirement. Without our prior written approval, you can not transfer the account to any other third party.

You will not create an account for anyone other than yourself without permission and you will not create more than one personal account. And if Noizz disabled your account, you will not create another one without our permission.

Although Noizz will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Noizz or others due to such unauthorized use.

Noizz may disable your account if Noizz reasonably believes that you use this account to carry our any illegal activities.

Noizz values your privacy and agree not to disclose or provide to a third party with your registered information or any non-public content, which may be collected when you use our service unless we get your prior approval or we are requested to disclose by a competent authority under prevailing laws or regulations.

Notwithstanding the foregoing, Noizz may disclose your registered information to our affiliated companies for data analysis from commercial perspective or disclose your registered information to our partner if such partner agrees to protect the information in the way Noizz does.

4. INTELLECTUAL PROPERTY

All text, data, images, graphics, audio and/or video information and other materials produced when using our app or service are property of our company and are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring you any license of any intellectual property rights or such materials.

You are prohibited from copying, displaying, downloading, modifying, reproducing or creating any derivative works of such materials, directly or indirectly published, performed, rewritten or republished for performance or distribution purposes, or otherwise used for commercial purposes without prior written consent from us.

Noizz shall not be liable for any loss or damage incurred by you when using or service or incurred by systematical problem.

Any intellectual property rights of any software, works (including, but not limited to, any images, photos, animations, video recordings, audio recordings, music, text, add-on programs and supplementary material) belonging to any third party shall not be infringed. You can not reverse engineer, decompile or disassemble such software or works without the prior permission of the copyright holder.

The content on your recorded short videos on Noizz, and the trademarks, service marks and logos ('Marks') in the videos, are owned by or licensed to Noizz, subject to copyright and other intellectual property rights under the law.

You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish videos you submit; and you license to Noizz all patent, trademark, trade secret, copyright or other proprietary rights in and to such videos for publication on the Service pursuant to the Agreement.

You hereby grant Noizz a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit and perform the videos in connection with the Service, which is perpetual and irrevocable.

5. LIMITATION OF LIABILITY AND INDEMITY

5.1 To the fullest extent permitted by law, in no event shall Noizz its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any of the following,

• errors, mistakes, or inaccuracies of your video on Noizz or other social media,

• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,

• any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

• any interruption or cessation of transmission to or from our services,

• any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party,

• any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Noizz is advised of the possibility of such damages.

5.2 To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Noizz, its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• your use of and access to the Service;

• your violation of any term of the Agreement;

• your violation of any third party right, including without limitation any copyright, property, or privacy right; or

• any claim that your videos caused damage to a third party. This defense and indemnification obligation will survive the Agreement and your use of the Service.

6. MISCELLANEOUS

• Unenforceability of some terms of the Agreement shall not affect validity of any other terms. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and Noizz's failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.

• If you do not agree the Agreement, please stop your browsing of our website, your installing of our APP and delete the application from your device if you have already downloaded it.

• This agreement may appear in different languages and the English version shall prevail if any content of any other version in any other language conflicts with the equivalent part of this English version.