Terms of Service

Last updated: Aug 16, 2023

1. Your Relationship With Us

Welcome to SeaU (the "Platform"), provided by GUANGZHOU YOUQU NETWORK TECHNOLOGY CO LTD or one of its affiliates ("SeaU," "we," or "us").

You are currently reading the Terms of Service (the "Terms"), which govern the relationship between you and us and serve as an agreement. These Terms establish the terms and conditions under which you may access and use the Platform, as well as our related websites, services, applications, products, and content (collectively referred to as the "Services"). Our Services are intended for private, non-commercial use. In these Terms, "you" and "your" refer to you as the user of the Services.

The Terms constitute a legally binding agreement between you and us. We kindly request you to carefully read them.

2.Accepting the Terms

By accessing or using our Services, you affirm that you are capable of entering into a binding contract with SeaU, that you acknowledge and accept these Terms, and that you agree to abide by them. Your access and use of our Services are also subject to our Privacy Policy, the terms of which are available directly on the Platform or, if the Platform is downloadable, on the applicable app store on your mobile device. The Privacy Policy is incorporated by reference into these Terms. By using the Services, you consent to the terms outlined in the Terms of Service.

If you access or use the Services from a jurisdiction that has separate supplemental terms, you also agree to comply with the supplemental terms applicable to users in that jurisdiction, as outlined below. In the event of a conflict between the provisions that pertain to your jurisdiction and the rest of these Terms, the relevant jurisdiction's terms will prevail and govern. If you do not agree to these Terms, you must refrain from accessing or using our Services.

If you are accessing or using the Services on behalf of a business or entity, the terms "you" and "your" include both yourself and the said business or entity. You represent and warrant that you are an authorized representative of the business or entity, with the authority to bind the entity to these Terms, and that you are accepting these Terms on behalf of the entity. Furthermore, your business or entity bears legal and financial responsibility for your access and use of the Services, as well as the access and use of your account by others affiliated with your entity, including employees, agents, or contractors.

You can accept these Terms by accessing or using our Services. You acknowledge and agree that we will consider your access or use of the Services as an acceptance of these Terms from that point onward.

For your records, it is advisable to print or save a local copy of these Terms.

3.Changes to the Terms

We periodically revise these Terms to reflect updates in the functionality of our Services, the consolidation of multiple apps or services operated by us or our affiliates into a single combined service or app, or regulatory changes. We make reasonable efforts to notify all users of any significant changes to these Terms, typically through a notice on our Platform. However, it is your responsibility to regularly review the Terms for any such changes. The "Last Updated" date at the beginning of these Terms indicates the effective date of the most recent version. By continuing to access or use the Services after the new Terms have been posted, you indicate your acceptance of the updated Terms. If you do not agree to the new Terms, you must refrain from accessing or using the Services.

4.Your Account with Us

In order to access or utilize certain Services, you are required to create an account with us. When creating this account, it is essential to provide accurate and current information. It is your responsibility to maintain and promptly update your details and any other information you provide to us to ensure its accuracy and completeness.

Keeping your account password confidential and refraining from disclosing it to any third party is of utmost importance. If you suspect or become aware that a third party has knowledge of your password or has accessed your account, please reset your password by receiving a password recovery SMS through your registered phone number and promptly notify us at [email protected].

You acknowledge that you are solely responsible, both to us and to others, for any activity that occurs under your account.

We reserve the right to disable your user account at any time, including instances where you have failed to comply with any provisions outlined in these Terms, or if activities on your account, at our sole discretion, may cause damage to or disrupt the Services, infringe upon or violate third-party rights, or breach applicable laws or regulations.

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If you no longer wish to use our Services and would like your account to be permanently deleted, we can assist you with this process. Please contact us at [email protected], and we will provide further guidance and support. Once you choose to delete your account, it will not be possible to reactivate it or retrieve any content or information that you have added.

5.Your Access to and Use of Our Services

Your usage and access of the Services are subject to these Terms as well as all applicable laws and regulations. You are prohibited from:

Furthermore, your access to and use of the Services must always comply with our Community Guidelines.

We reserve the right to remove or disable access to content at our discretion, without prior notice, for any reason or no reason. Reasons for removal or disabling of content may include finding it objectionable, in violation of these Terms or our Community Guidelines, or harmful to the Services, our users, or other content that violates local laws. While SeaU provides the chat platform, it cannot be expected to continuously monitor all content. However, we will strive to take down offensive content when notified. Our automated systems analyze your content, including emails, in order to provide you with personally relevant product features, such as customized search results, tailored advertising, and detection of spam and malware. This analysis occurs during content transmission, reception, and storage.

6.Intellectual Property Rights

We hold a strong regard for intellectual property rights and expect the same from you. By accessing and using the Services, you agree that you will not utilize the Services to violate any intellectual property rights. We retain the right, at our sole discretion and with or without notice, to block access to the Services and/or terminate the accounts of any user who engages in or is accused of infringing copyrights or other intellectual property rights.

7.Content

A. SeaU Content

Between you and SeaU, all SeaU Content, including content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, music, and the "look and feel" of the Services, as well as all intellectual property rights associated with them, are either owned or licensed by SeaU. It is understood that you or your licensors will own any User Content you upload or transmit through the Services. Any use of the SeaU Content or materials on the Services that is not expressly permitted by these Terms is strictly prohibited. You may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or exploit such content for any purpose without our prior written consent or, where applicable, the consent of our licensors. We and our licensors reserve all rights not expressly granted in and to their content.

Subject to the terms and conditions of the Terms, you are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including downloading the Platform on a permitted device and accessing the SeaU Content solely for your personal, non-commercial use, and in compliance with these Terms. SeaU reserves all rights not expressly granted herein in the Services and the SeaU Content. You acknowledge and agree that SeaU may terminate this license at any time, for any reason or no reason.

No rights are licensed with respect to sound recordings and the musical works embodied therein that are made available from or through the Service.

When you view content provided by others on the Services, you acknowledge and agree that you do so at your own risk. The content on our Services is provided for general information purposes only and should not be relied upon as advice. You should seek professional or specialist advice before taking or refraining from any action based on the content on our Services.

We make no representations, warranties, or guarantees, whether express or implied, regarding the accuracy, completeness, or timeliness of any SeaU Content (including User Content). If our Services contain links to other sites and resources provided by third parties, those links are for informational purposes only. We have no control over the contents of those sites or resources, and such links should not be interpreted as our approval of those linked websites or the information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).

B. User-Generated Content

Users of the Services may have the option to upload, post, or transmit User Content (such as text, photographs, user videos, sound recordings, and the musical works contained within them) through the Services. This includes videos that incorporate locally stored sound recordings from your personal music library and ambient noise. Users may also create additional User Content by extracting parts of another user's content, collaborating with other users, and combining User Content from multiple sources. Additionally, Users can overlay SeaU Elements (such as music, graphics, stickers, etc.) onto their User Content and share it through the Services. It is important to note that the information and materials in the User Content, including SeaU Elements, have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.

When accessing or using features that allow you to upload or transmit User Content through the Services (including third-party platforms like Instagram, Facebook, YouTube, Twitter), or when interacting with other users, you must adhere to the standards outlined in "Your Access to and Use of Our Services" above. If you choose to upload or transmit your User Content, including User Content with SeaU Elements, on third-party sites or platforms, you must also comply with their content guidelines and the standards set out in "Your Access to and Use of Our Services" above.

By making any contribution, you warrant that it complies with those standards. You will be held liable and responsible for any breach of that warranty, and you agree to indemnify us for any loss or damage resulting from such breach.

Please be aware that any User Content you submit is considered non-confidential and non-proprietary. You must not post any User Content on the Services or transmit User Content to us if you consider it to be confidential or proprietary. When you submit User Content through the Services, you confirm and represent that you either own the User Content or have obtained all necessary permissions, clearances, or authorizations from the content owner to submit it to the Services, transmit it to third-party platforms, and/or adopt any third-party content.

If you only possess the rights to a sound recording and not the underlying musical works, you must refrain from posting such sound recordings on the Services unless you have obtained all necessary permissions, clearances, or authorizations from the content owner.

While you or the owner of your User Content retain the copyright to the User Content you send to us, by submitting User Content via the Services, you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, create derivative works, publish, transmit, distribute, and authorize other users of the Services and third parties to view, access, use, download, modify, adapt, reproduce, create derivative works, publish, and transmit your User Content in any format and on any platform, whether currently known or invented in the future.

Furthermore, you grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of your User Content.

To clarify, the rights granted in the preceding paragraphs of this section encompass the right to reproduce sound recordings (including making mechanical reproductions of the musical works within them) and publicly perform and communicate sound recordings (including the musical works contained within them), all on a royalty-free basis. This means that by granting us these rights, you are not obligated to receive royalties from any third party, including sound recording copyright owners (e.g., record labels), musical work copyright owners (e.g., music publishers), performing rights organizations (e.g., ASCAP, BMI, SESAC), sound recording PROs (e.g., SoundExchange), unions or guilds, or engineers, producers, or other royalty participants involved in the creation of User Content.

Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and have an affiliation with a PRO, it is important that you notify your PRO about the royalty-free license you are granting to us through these Terms for your User Content. You hold the sole responsibility for ensuring that you comply with the reporting obligations of the relevant PRO. In the case where you have assigned your rights to a music publisher, you must obtain consent from the music publisher to grant the royalty-free license(s) described in these Terms for your User Content or have the music publisher enter into these Terms with us. It is crucial to note that being the author of a musical work, such as writing a song, does not automatically grant you the right to provide us with the licenses outlined in these Terms. If you are a recording artist who is under contract with a record label, you are solely responsible for ensuring that your use of the Services aligns with any contractual obligations you may have with your record label. This includes situations where you create new recordings through the Services that may be claimed by your label.

Through-To-The-Audience Rights. All the rights you grant in your User Content through these Terms are extended on a "through-to-the-audience" basis. This implies that the owners or operators of third-party services will not bear any individual liability to you or any other third party for the User Content that is posted or utilized on such third-party service via the Services.

Waiver of Rights to User Content.

By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any rights of privacy, publicity, or similar rights associated with your User Content, unless you apply privacy settings when posting such content. If any moral rights are not transferable or assignable, you waive and agree not to assert those moral rights or take any action based on them in relation to your User Content.

We have the right to disclose your identity to any third party who claims that your User Content posted or uploaded to our Services violates their intellectual property rights or their right to privacy. This disclosure will occur only if there is a legally binding court order.

We, or authorized third parties, reserve the right to cut, crop, edit, or refuse to publish your content at our or their sole discretion. We have the right to remove, disallow, block, or delete any post you make on our Services if we believe it does not comply with the content standards outlined in "Your Access to and Use of Our Services" above. Additionally, we have the right, but not the obligation, to remove, disallow, block, or delete any User Content that we consider to violate these Terms or in response to complaints from other users or third parties, with or without notice and without any liability to you. Therefore, we recommend that you save copies of any User Content you post on the Services on your personal device(s) in case you want to ensure permanent access to copies of such content. We do not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and we will not be liable in any way for any User Content.

You have control over whether your User Content is made publicly available to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the platform.

We do not accept liability for any content submitted by users and published by us or authorized third parties.

If you wish to report information and materials uploaded by other users, please contact us through the SeaU APP Feedback in Settings or by emailing [email protected]. Before we can respond to your request, you may need to verify your identity or account details.

SeaU takes reasonable measures to promptly remove any infringing material from our Services once we become aware of it.

 It is SeaU’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.

By sending us Feedback regarding our products, services, features, or any related ideas or materials, you agree to the following terms:

i. SeaU is not obligated to review, consider, or implement your Feedback, nor are we obligated to return any part of the Feedback to you.

ii. Feedback is provided on a non-confidential basis, and we are not bound to keep the Feedback you send confidential or refrain from using or disclosing it in any manner.

iii. You grant us an irrevocable and unrestricted permission to use, reproduce, distribute, create derivative works of, modify, publicly perform, communicate to the public, make available, publicly display, and exploit the Feedback and its derivatives for any purpose, without any restrictions or charges, and without the need for attribution. This includes incorporating or embodying the Feedback, in whole or in part, in commercial products and services that we make, use, sell, offer for sale, import, or promote.

These terms ensure that there are no misunderstandings regarding the use and implementation of Feedback.

8.Indemnity

I agree to defend, indemnify, and hold harmless SeaU, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including attorneys' fees and expenses, that may arise from a breach by you or any user of your account of these Terms or from a breach of your obligations, representations, and warranties under these Terms.

9.EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. THE SERVICES ARE PROVIDED "AS IS," AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU REGARDING THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

NO CONDITIONS, WARRANTIES, OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES, EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

10. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS, AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:

(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY),
(II) ANY LOSS OF GOODWILL,
(III) ANY LOSS OF OPPORTUNITY,
(IV) ANY LOSS OF DATA SUFFERED BY YOU, OR
(V) ANY INDIRECT OR CONSEQUENTIAL LOSSES THAT MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO SeaU WITHIN THE LAST 12 MONTHS.

ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU AS A RESULT OF:

PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU'RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, FOR EXAMPLE, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY. YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

11. Other Terms

a. Applicable Law and Jurisdiction.Subject to the Supplemental Terms - Jurisdiction Specific, the laws of the United Arab Emirates govern these Terms, their subject matter, and their formation. Any dispute related to these Terms, including questions about their existence, validity, or termination, shall be referred to and ultimately resolved through arbitration administered by the Dubai International Arbitration Centre ("DIAC") in accordance with the Arbitration Rules of the Dubai International Arbitration Centre ("DIAC Rules") currently in effect. These rules are considered to be incorporated by reference in this clause. Dubai shall serve as the seat of the arbitration, and the Tribunal shall consist of three (3) arbitrators. The language of the arbitration proceedings shall be English.

b. Links. You are permitted to link to our home page, provided that the link is fair, legal, and does not harm our reputation or exploit it. It is important that the link does not create the impression of any association, approval, or endorsement on our part when there is none. Additionally, you must only establish a link to our Services on websites that you own. The website containing the link must fully comply with the content standards outlined in the section titled "Your Access to and Use of Our Services" above. We reserve the right to revoke linking permission at any time and without prior notice.

c. Age Limit. The Services are intended for individuals who are 13 years old and above (with additional limitations specified in the [relevant document]). By using the Services, you acknowledge that you meet the minimum age requirement stated herein. If we become aware that someone under the specified age is using the Services, we will terminate their account.

d. No Waiver. Our failure to insist upon or enforce any provision of these Terms does not constitute a waiver of that provision or right.

e. Security. We cannot guarantee that our Services will be completely secure or free from bugs or viruses. It is your responsibility to configure your information technology, computer programs, and platform to access our Services. You should use your own virus protection software.

f. Severability. If any court of law with jurisdiction over this matter rules that any provision of these Terms is invalid, that provision will be removed from the Terms without affecting the remaining provisions, which will continue to be valid and enforceable.

g. Any Questions? Feel free to contact us at [email protected].

Supplemental Terms – App Stores

To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:

Notice regarding Apple.

Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ("Google"), you specifically acknowledge and agree that: