LINE MUSIC Terms and Conditions of Use
The terms and conditions of use shown here (hereinafter referred to as the "Terms and Conditions") set forth the terms between LINE Taiwan Limited (hereinafter referred to as the "Company") and users (hereinafter referred to as the "User" or "Users" depending upon the context) of any services or features of LINE MUSIC (hereinafter referred to as the "Service"), which is provided by the Company. By using the Service, you acknowledge that you have read and agreed to accept the Terms and Conditions.
The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.
1.1 "App" refers to the LINE MUSIC application provided by the Company as part of the Service.
1.2 "Website" refers to the LINE MUSIC Website operated by the Company as part of the Service.
1.3 "LINE Account(s)" refers to a user account(s) specific to the LINE Application operated by LINE Corporation.
1.4 "Content(s)" refers to information such as text, audio files, soundtracks, audio recordings, lyrics, playlists, images, videos, software, programs, computer code, and the like provided by the Company.
1.5 "Paying User(s)" refers to the users who may use the "Paid Service".
1.6 "Paid Service" refers to certain functions within the Service that a user needs to pay a fee to use; such functions may vary for different subscription plans.
1.7 "Remaining Days of Paid Service" means the time period that a Paying User may use the Paid Service based on the subscription plan such User has subscribed to.
1.8 "Music Streaming" refers to the service that provides Users with the unlimited access to stream and listen to music online through the App as a part of the Service.
1.9 "Music Ringtones" refer to the function that enables Users to use the LINE ringtones and ring-back tones as part of the Service.
1.10 "Background Music" refers to the function that enables Users to set background music to their personal profiles on the LINE Application as part of the Service.
1.11 "Offline Listening" refers to the function that allows Users to download music to their devices through the App and listen to such music offline as part of the Service.
2 Agreement to Terms and Conditions
2.1 All Users shall use the Service in accordance with the terms stated in the Terms and Conditions and the applicable laws and regulations. If a User does not agree to comply with the Terms and Conditions, such User shall immediately cease using the Service. By using the Service, Users are deemed as having effectively and irrevocably agreed to accept the Terms and Conditions.
2.2 Minors may use the Service only with consent from their parents or legal guardian.
2.3 If there are Separate Terms and Conditions for the Service, Users also shall comply with such Separate Terms and Conditions as well as the Terms and Conditions.
3 Modification of the Terms and Conditions
The Company may modify the Terms and Conditions or Separate Terms and Conditions when the Company deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms and Conditions or Separate Terms and Conditions are posted on the Website or any webpage assigned by the Company. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions or Separate Terms and Conditions by continuing to use the Service. Users shall refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.
4.1 Users may only use LINE Accounts registered in Taiwan to log in to the Service as the user authentication process of the Service only accepts Taiwan LINE Accounts. If a User is not logged in using his/her LINE Account or if the system is unable to identify the territory in which a LINE Account was registered, the User may not be able to use certain functions of the Service. Please refer to the following webpage for terms related to the use of LINE Accounts: https://terms.line.me/line_terms?lang=en
4.2 Users, when providing information about him/herself to the Company, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
4.3 Users shall be solely responsible for safeguarding the account names and passwords of their LINE Accounts to prevent any improper use thereof. The Company may treat all activities conducted with the account name and password of a certain LINE Account as activities that have been conducted by the holder of such LINE Account him/herself. If a User's account name and password has been unlawfully used by a third party for any reasons, the User shall be solely responsible for any and all fees, costs and losses arising therefrom. If the rights and interests of the Company or a third party have consequently been injured, the User shall also be liable for any legal ramification and damages arising therefrom.
4.4 A User may file a request with the Company to terminate the Service (including the Paid Service) or to delete the account such User used for the Service and any relevant information at any time; provided however, the Service (including the Paid Service) will be terminated immediately upon the deletion of the account. Unless otherwise provided under the law, Users may not request any refund from the Company due to early termination of the Service (including the Paid Service).
4.5 If the Company believes that a User is actual or threatened breach of the Terms and Conditions or Separate Terms and Conditions, the Company may permanently suspend the User's rights to use the Service or delete the User's registered information for the Service without prior notice. Unless otherwise specified in these Terms and Conditions, the User may not raise any claims against the Company for any liabilities arising therefrom.
4.6 A User's right to use the Service would be activated by the LINE Account that he/she uses to log in to the Service for the first time; if such LINE Account has been deleted for any reason, the User will not be able to use the Service (including the Paid Service) upon the deletion of such account. To the extent permitted under the law, the User may not file any request with the Company for any refund due to his/her inability to use the Service caused by the deletion of his/her LINE Account.
4.7 Each account used for the Service is for the exclusive use and belongs solely to the owner of the account. Users may not sell, transfer or delegate their rights in the Service to any third party nor may their accounts be inherited by any third party.
5.2 The Company will exercise reasonable and practicable care to manage the data that it has collected from Users in a secured manner and to implement strict security and management measures therefor.
6 Ownership of Rights
All intellectual property rights and other rights pertaining to the Service (including but not limited to the right of publicity, copyrights, trademarks, patents, trade secrets, know-how and so forth) shall belong to the Company, the Company's affiliates, third parties that are in collaboration with the Company or the owners of such rights.
7 Provision of the Service
7.1 The Service is provided to Users by the Company through the App and the Website; Users may use the Service through the means provided by the Company.
7.2 The quality of the Service will be affected by the location, terrain, coverage of buildings, and the number of concurrent mobile telecommunications users; please contact your telecommunications carriers for any issues related to the coverage quality of the telecommunications networks.
7.3 The territory where the Service is provided is limited to Taiwan (Taiwan, Penghu, Kinmen, and Matsu).
7.4 The Company may provide or publish advertisement of the Company or a third party within the Service.
7.5 Users shall be solely responsible for putting in place the necessary PC, mobile device, communication device, operating system, data connection and electricity necessary for using the Service.
7.6 The Company may provide a User with the Service in part or in whole based on the age of the User, whether the User has completed the identity authentication process, or other factors relating to the User's registered information or otherwise, in accordance with the relevant laws and regulations or the Company's policies.
7.7 The Company may make changes to the Service in part or in whole at any time without prior notice to Users, and may, where necessary, temporarily or permanently suspend the provision of the Service.
7.8 The Service may be used by Users solely for their personal use and may not be used for any commercial or other purposes, nor be used for public broadcast, public transmission, public performance or other uses in public; Users shall be solely responsible for any fees and liabilities under the law incurred due to their breach of this provision or any relevant laws and regulations.
7.9 For the purpose of using the Service, please keep your relevant devices, system, the LINE application and the App updated at all times.
8 Paid Service
8.1 A User may purchase Paid Service through the Website or the App to become a Paying User and use the functions such as Music Streaming, Music Ringtones, Background Music, and/or Offline Listening depending on the subscription plan that he/she is subscribing to. Please refer to the "My Ticket Page" （https://music-tw.line.me/
）of the Service for details of various subscription plans and the payment methods.
8.2 Unless otherwise provided in this Terms and Conditions, Users on an automatic renewal monthly subscription plan may cancel the automatic renewal of their subscriptions prior to 23:59 of the day before the next monthly payment date; otherwise, the monthly subscription plan will be automatically renewed for any late cancellation. Users who has cancelled the auto-renewal may continue using the Service until the expiration of the Remaining Days of the Paid Service. Paying Users with a One-time Pass subscription plan may use the Paid Service until the expiration of the Remaining Days of the Paid Service, which will be automatically terminated upon the term thereof.
8.3 Paying Users shall be solely responsible for backing up their own configuration of the Music Ringtones, Background Music or playlists, if any; the Company does not guarantee any storage or recovery of any data of Users.
8.4 A User shall make the payment for the Paid Service by his or her payment tools. If a User made the payment for the Paid Service by a third party's payment tools, the Company will deem the User as having lawfully obtained such third party's consent to make the payment in such third party's name using such third party's payment tools; the User shall be solely liable for any legal liabilities arising therefrom.
8.5 The Company may cancel or terminate the Paid Service at any time in the event of a payment failure not attributable to the Company.If any User fails to make the renewal payment of the monthly subscription plan on the scheduled renewal payment day, such User is suspended to access/use any of the Paid Service until the payment method selected by such User is successfully charged, which will be continuously requested by the Company on a daily basis for seven (7) day after the initial payment failure day. Upon the renewal payment is settled, User may be entitled to use the Paid Service; however, the Remaining Days of Paid Service of that billing cycle is still calculated from the initial scheduled payment day and the suspend period will not be restored. In the event the User still fails to make the renewal payment after the aforementioned period, the Company will terminate the Paid Service.
8.6 Users acknowledge and agree that the Paid Service is subject to Item 5, Paragraph 2 of the Regulations on Reasonable Matter as Exceptions to Rescind the Distance Sales, which regulates "the supply of digital content which is not supplied on a tangible medium, or online services which would be fully performed on begun, with the consumer's prior consent", and does not subject to Paragraph 1, Article 19 of the Consumer Protection Act regarding the seven-day cooling-off period, and there will be no refund for the return of the Paid Service. Users acknowledge and agree that e-Government Uniform Invoice (eGUI) shall be deemed as proof of transaction. Under exceptional circumstances where there is return of Paid Service, Users agree that the Company, on behalf of Users, shall be entitled to deal with the Certificate of Sales/Purchases Returns or Allowances on Paid Service and will directly upload the aforesaid Certificate to the Ministry of Finance E-Invoice Platform for record.
9 Business Partners' Services
Contents or services offered by business partners that are in collaboration with the Company may be included within the Service; such contents and services are all lawfully licensed, and the Music Streaming, the Music Ringtones and album cover art thereof are provided by Omusic Co., Ltd. The business partners shall be solely responsibility for their contents and/or services. Furthermore, such contents and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.
Users shall not engage in the following when using the Service:
10.1 Activities that involve the unauthorized reproduction, distribution, sale, publication and other use or access of the Service, in part or in whole, for purposes other than those specified herein; or activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding;
10.2 Activities that may hinder public order or customs;
10.3 Activities that infringe upon the intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.
10.4 Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information;
10.5 Activities such as sending messages indiscriminately to numerous Users (except for those approved by the Company), indiscriminately adding Users as Friends or to Group Chats, or any other activities deemed to be spamming by the Company.
10.6 Activities that exchange the right to use the Contents into cash, property or other economic benefits without Company's authorization.
10.7 Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes, for the purpose of sexual conducts or obscene acts, for the purpose of meeting a person for sexual encounters, or for the purpose of harassments or libelous attacks against other Users;
10.8 Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, or the like;
10.9 Activities that interfere with the servers and/or network systems of the Service, that abuse the Service by means of BOTs, cheat tools, or other technical measures; that deliberately use defects of the Service, that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company's operation of the Service or Users' use of the Service; and
10.10 Other activities that are deemed by the Company to be inappropriate.
11 User Responsibility
11.1 Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service.
11.2 The Company is entitled, but not obligated, to take the measures below without prior notice if the Company finds that a User is using the Service in a way that violates the Terms and Conditions; moreover, the User may not raise any claims against the Company for any liabilities arising therefrom:
• Suspend or cancel the User's rights to use the Service in whole or certain functions within the Service;
• Delete the User's relevant information or historical records; or
• Other measures deemed appropriate or necessary by the Company.
11.3 In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to the User violating applicable laws or the Terms and Conditions while using the Service, the User shall immediately compensate the Company upon its request.
12 The Company's Exemption of Liability
12.1 The Company does not expressly or impliedly guarantee that the Service (including the Contents) are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
12.2 Unless otherwise provided under the law, the Company will not be liable for any direct or indirect injuries or losses suffered by Users due to the Service. To the extent permitted under the law, the maximum amount of damages provided by the Company to a User shall be the amount of fee the Company charged such User in the month such injuries or losses occurred.
12.3 Any issues or disputes between a User and another User of the Service or a third party shall be resolved by the User and the other User or the third party on their own; the Company will not intervene nor be liable for such issues or disputes.
13 Notification and Contact
13.1 Information related to the Service will be made available by the Company in the App, on the Website or other places deemed appropriate by the Company from time to time; Users shall themselves be aware of such information at all times.
13.2 Users may submit their suggestions to the Company via the Inquiry Form (https://contact-cc.line.me/en/
) and the Company will address any issues as soon as practicably possible.
If any provision of the Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. No waiver of any term of the Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under the Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions are made in Chinese; translations thereof in other languages, if any, are for reference only. In the event of any inconsistencies between the Chinese version and other language versions, the Chinese version shall take precedence.
16 Governing Law and Jurisdiction
These Terms and Conditions will be governed by the laws of the Republic of China. Unless otherwise provided under the law, the Taiwan Shihlin District Court will be the court of first instance for any and all conflicts that arise from the Service or conflicts between Users and the Company related to the Service.