Please read the following terms before visiting HiBy Music Web Site. By visiting HiBy Music Web Site, you are agreeing to be bound by the terms and conditions as below:
A. HiBy Music Web Site License Agreement
B. HiBy Music Web Site Warranty and Disclaimer
C. Privacy Policy
Read the terms of this license agreement and limited warranty ("agreement") governing the use of the software and related firmware and documentation (collectively, the"software") provided to you by HiBy ("HiBy Music") carefully before using the applicable HiBy Music Product (such hardware, together with the software, referred to as the "product").
By indicating your acceptance of these terms and selecting the "agree" button at the end of this agreement, you are
(1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18,
(2) REPRESENTING THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND YOURSELF OR YOUR COMPANY, AS APPLICABLE, AND
(3) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS OR CANNOT MAKE SUCH REPRESENTATIONS, DO NOT USE THE PRODUCT. IF YOU ELECT NOT TO ACCEPT THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE PRODUCT WITHIN RETURN PERIOD TO THE RETAIL LOCATION WHERE YOU PURCHASED IT, WITH ALL ORIGINAL PACKAGING FOR A FULL REFUND.
HiBy Music Web Site LICENSE AGREEMENT
IMPORTANT – Please read the terms of this license agreement carefully before start visiting HiBy Music Web Site. By visiting HiBy Music Web Site, you are agreeing to be bound by the terms of this agreement.
1. GRANT OF LICENSE
HIBY MUSIC ("HiBy Music"),is belong to Dongguan HAIBEI Information Technology Co., Ltd. Furnishes this HiBy Music Software [defined to include the software embedded in your HiBy Music Web Site product (as updated from time to time) and accompanying documentation, and licenses their use to you as provided in this agreement.
(a) Subject to the terms and conditions of this Agreement, HiBy Music grants to You a non-exclusive, non-transferable, personal royalty-free limited license (without the right to sub-license) to (i) use the Software as embedded in the Product for the purpose of operating the Product, and (ii) use the application portion(s) of the Software on any personal devices owned or controlled by You during the Term. Except as provided above, You may not transfer the Software to any other computing device or otherwise remove the Software from the Product. Notwithstanding any license granted herein by HiBy Music, You acknowledge and agree that it is Your sole responsibility to comply with your local and international copyright laws with respect to Your use of the Software.
(b) You agree not to copy, modify, reverse engineer, decompile or disassemble the Product to the extent that such restriction is not prohibited by law. Except for the limited license granted herein, HiBy Music and its suppliers hereby retain all right, title and interest in and to all worldwide intellectual property rights embodied in the Software. All other rights are reserved by HiBy Music. You acknowledge and agree that the technology embedded in and used to create the Product constitute the valuable trade secrets and know-how of HiBy Music, and to the extent you discover any such trade secrets, You will not disclose them to any third party.
(c) HiBy Music shall have no obligation to provide any updates or upgrades to the Product, but in the event that it does, such updates, upgrades and any documentation shall be deemed the "Product", and shall be subject to the terms and conditions of this Agreement. The updates, upgrades and documents metioned above may be installed on the Product automatically through online update without advanced notification to You.
2. TERMINATION
You may terminate this Agreement at any time by notifying HiBy Music, discontinuing use of the Product and purging the Software from Your computing device. Your rights under this Agreement will terminate automatically or otherwise cease to be effective, without notice from HiBy Music, if you fail to comply with any terms of this Agreement. In addition, upon termination you will have no recourse against HiBy Music for your inability to use the program or accompanying documentation.
3. COMPLIANCE WITH COPYRIGHT LAWS
You acknowledge that HiBy Music owns all right, title and interest, in all copyrights, trade secrets, and intellectual property related to your HiBy Music Product, the HiBy Music Software and accompanying documentation. HiBy Music complies with Chinese and international copyright laws and in consideration of the license granted herein, you agree to do the same.
You acknowledge that unauthorized copying or distribution of music or other content accessed using the Product ("Content") is prohibited by such copyright laws, and You agree that You will not, directly or indirectly, copy or distribute any Content without the express written authorization of the copyright holder. You agree to indemnify and hold harmless HiBy Music and its licensors from and against any and all claims, suits, losses, damages, liabilities, costs and expenses incurred by HiBy Music or its licensors arising out of or related to Your failure to comply with the terms of this Section 3.
4. THIRD PARTY CONTENT AND TECHNOLOGIES
From time to time, HiBy Music may provide access to third party content providers via the Product. In addition, HiBy Music may support certain third party technologies, such as specific file formats or codecs. HiBy Music reserves the right to discontinue access to and/or support for such third party content or technologies at any time, and for any reason. HiBy Music makes no representations or warranties whatsoever regarding the selection of, or continuing support for, any such third party content or technologies.
Access to services provided by third parties requires Internet access and may require you to accept additional terms. You agree that HiBy Music is not responsible for evaluating or examining any such third party services, technologies or related materials and that HiBy Music will not have any liability to you, related to such services, technologies or related materials.
WARRANTY AND DISCLAIMER
ENGLISH (US)
IMPORTANT: BY USING YOUR HiBy Music HiBy Music Web Site, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE HIBY MUSIC ONE (1) YEAR LIMITED WARRANTY ("WARRANTY") AS SET OUT BELOW.
DO NOT USE YOUR HiBy Music Web Site UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT, YOU MAY RETURN THE PRODUCT WITHIN RETURN PERIOD TO THE RETAIL LOCATION WHERE YOU PURCHASED IT, WITH ALL ORIGINAL PACKAGING FOR A FULL REFUND.
HiBy Music One Year Limited Warranty
For HiBy Music Branded Hardware Product Only
1. HOW CONSUMER LAW RELATES TO THIS WARRANTY
This warranty gives you specific legal rights, and you may have other rights that vary from state to state (or by country or province). Other than as permitted by law, HiBy Music does not exclude, limit or suspend other rights you may have, including those that may arise from the nonconformity of a sales contract. For a full understanding of your rights you should consult the laws of your country, province or state.
2. WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
To the extent permitted by law, this warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. HiBy Music disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, HiBy Music limits the duration and remedies of such warranties to the duration of this express warranty and, at HiBy Music's option, the repair or replacement services. Some states (countries and provinces) do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you.
3. WHAT IS NOT CONVERED BY THIS WARRANTY?
This warranty does not apply to any non-HiBy Music branded hardware products or any software, even if packaged or sold with HiBy Music hardware. Manufacturers, suppliers, or publishers, other than HiBy Music, may provide their own warranties to you - please contact them for further information. Software distributed by HiBy Music with or without the HiBy Music brand (including, but not limited to system software) is not covered by this warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. HiBy Music does not warrant that the operation of the HiBy Music Product will be uninterrupted or error-free. HiBy Music is not responsible for damage arising from failure to follow instructions relating to the HiBy Music Product's use.
This warranty does not apply: (a) to consumable parts, such as protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the HiBy Music Product outside HiBy Music's published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of HiBy Music or an HiBy Music authorized service provider; (g) to an HiBy Music Product that has been modified to alter functionality or capability without the written permission of HiBy Music; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the HiBy Music Product, or (i) if any serial number has been removed or defaced from the HiBy Music Product.
4. IMPORTANT RESTRICTION FOR PRODUCT SERVICE
HiBy Music may restrict warranty service for product to the country where HiBy Music or its authorized distributors originally sold the device.
5. YOUR RESPONSIBILITIES
Before receiving warranty service, HiBy Music or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow HiBy Music's procedures for obtaining warranty service.
Following warranty service your HiBy Music Product or a replacement device will be returned to you as your HiBy Music Product was configured when originally purchased, subject to applicable updates. HiBy Music may install system software updates as part of warranty service that will prevent the HiBy Music Product from reverting to an earlier version of the system software.
Important: Do not open the HiBy Music Product. Opening the HiBy Music Product may cause damage that is not covered by this Warranty. Only HiBy Music should perform service on this HiBy Music Product.
6. WHAT WILL HIBY MUSIC DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a valid claim to HiBy Music, HiBy Music will, at its option, (i) repair the HiBy Music Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the HiBy Music Product with a device that is at least functionally equivalent to the HiBy Music Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) exchange the HiBy Music Product for a refund of your purchase price.
HiBy Music may request that you replace certain user-installable parts or HiBy Music Products. A replacement part or HiBy Music Product, including a user-installable part that has been installed in accordance with instructions provided by HiBy Music, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an HiBy Music Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes HiBy Music's property.
7. HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the HiBy Music Product is still not functioning properly after making use of these resources, please contact an HiBy Music representative.
Online information with details on obtaining warranty service is provided below.
8. WARRANTY SERVICE OPTIONS
HiBy Music will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your HiBy Music Product to an HiBy Music Service Center ("ASC") offering carry-in service. Service will be performed at the location, or ASC may send your HiBy Music Product to an HiBy Music warehouse location to be replaced. Once you are notified that service is complete, you will promptly retrieve the HiBy Music Product from the ASC location, or the HiBy Music Product will be sent directly to your location from the warehouse location.
(ii) Mail-in service. If HiBy Music determines that your HiBy Music Product is eligible for mail-in service, HiBy Music will send you prepaid waybills and if applicable, packaging material, so that you may ship your HiBy Music Product to an ASC or warehouse location in accordance with HiBy Music's instructions. Once service is complete, the ASC or warehouse location will return the HiBy Music Product to you. HiBy Music will pay for shipping to and from your location if all instructions are followed.
9. LIMITATION OF LIABILITY
Except as provided in this warranty and to the maximum extent permitted by law, HiBy Music is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to, compromise or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored in or used with the HiBy Music Product or any failure to maintain the confidentiality of information stored on the HiBy Music Product.
The foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions. HiBy Music disclaims any representation that it will be able to repair any HiBy Music device under this warranty or replace the HiBy Music Product without risk to or loss of information stored in the HiBy Music Product.
Some states (countries and provinces) do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. GENERAL
No HiBy Music reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the HiBy Music Product purchase took place. HiBy Music or its successor in title is the warrantor under this Warranty.
PRIVACY POLICY
Your privacy is important to HiBy Music. So we've developed a privacy policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.
1. COLLECTION AND USE OF PERSONAL INFORMATION
Personal information is data that can be used to identify or contact a single person.
You may be asked to provide your personal information anytime you are in contact with HiBy Music or an HiBy Music affiliated company. HiBy Music and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.
2. HOW WE USE YOUR PERSONAL INFORMATION
- The personal information we collect allows us to keep you posted on HiBy Music's latest product announcements, software updates, and upcoming events.
- We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.
- We may use your personal information, to verify identity, assist with identification of users, and to determine appropriate services.
3. COLLECTION AND USE OF NON-PERSONAL INFORMATION
We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
- We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where an HiBy Music Product is used so that we can better understand customer behavior and improve our products, services, and advertising.
- We may collect information regarding customer activities on our website, streaming services and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.
- We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet.
If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
4. PRIVACY QUESTIONS
If you have any questions or concerns about HiBy Music's Privacy Policy or data processing or if you would like to make a complaint about a possible breach of local privacy laws, please contact us in writing at:
HiBy Music (Dongguan HAIBEI Information Technology Co., Ltd.)
Attention: Privacy Department
Room 1109, Building D
First Interenation, Nancheng Distrcit
Dongguan, Guangdong, China
Or by email: service@hiby.com
HiBy Music may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.
