END USER LICENSE AGREEMENT AND TERMS OF SERVICE

Effective Date: December 12, 2015
Last Updated Date: December 12, 2015

This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual user (“you”) and Musical.ly, an exempted company duly incorporated with limited liability and validly existing under the Laws of the Cayman Islands d/b/a Musical.ly Inc.  (“Musical.ly,” “we,” “us” or “our”) governing your use of the Musical.ly mobile software application (the “App”) and the related website located at www.musical.ly (“Site,” and collectively with the App, the “Service”).  BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA.  IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SERVICE.  TO HAVE A COPY OF THIS EULA AND MUSICAL.LY PRIVACY POLICY SENT TO YOU, CONTACT MUSICAL.LY AT legal@musical.ly.

Material Terms:  As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:

the Service is licensed, not sold to you, and that you may use the Service only as set forth in this EULA;

the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;

you consent to the collection, use, and disclosure of your personally identifiable information in accordance with Musical.ly Privacy Policy available at http://musical.ly/privacy.html, including with respect to the collection of location information;

the App is provided “as is” without warranties of any kind and Musical.ly’s liability to you is limited;

disputes arising hereunder will be resolved by binding arbitration.  By accepting this EULA, as provided in greater detail in Section 10 of this EULA, you and Musical.ly are each waiving the right to a trial by jury or to participate in a class action;

the App requires access to the following services on your mobile device: your device identifier and location; and

if you are using the App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple,” below.

General Terms and Conditions.
Consideration.  Musical.ly provides the Service for free to each User (defined below), for the User’s personal enjoyment, self-expression, and the possibility of exposure and fame.  In return for enjoying free access and use of the Service, you acknowledge and agree that Musical.ly may generate revenues, increase goodwill or otherwise increase the value of Musical.ly from your use of the Service, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data, and you will have no right to share in any such revenue, goodwill or value whatsoever.
Changes to this EULA.  You understand and agree that Musical.ly may change this EULA at any time without prior notice; provided that Musical.ly will endeavor to provide you with prior notice of any material changes.  You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service.  The revised EULA will become effective at the time of posting.  Any use of the Service after such date will constitute your acceptance of such revised EULA.  If any change to this EULA is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service.  The terms of this EULA will govern any updates Musical.ly provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.  Notwithstanding the preceding sentences of this Section 1.b, no revisions to this EULA will apply to any dispute between you and Musical.ly that arose prior to the effective date of such revision.
Privacy Policy.  Your access to and use of the Service is also subject to Musical.ly’s Privacy Policy located at http://musical.ly/privacy.html (“Privacy Policy”), the terms and conditions of which are incorporated herein by reference.
Jurisdictional Issues.  The Service is controlled and operated by Musical.ly from its offices in the State of California and the People’s Republic of China.  Musical.ly makes no representation that materials on the Service are appropriate, lawful or available for use in any locations other than the United States of America.  Those who choose to access or use the Service from locations outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
Eligibility.  THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY MUSICAL.LY.  IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.  Furthermore, by using the Service, you affirm that you are at least 18 years of age.
The Service.
Description.  Subject to Musical.ly’s potential blocking of certain content owned or controlled by the third parties, which blocking you hereby authorize, the Service enables you to create 15-second videos that incorporate locally stored sound recordings from your personal music library (each, a “UGV”) and also allows you to extract all or any portion of the User Content (defined in Section 5.a below) incorporated into any UGV created by another user to produce collaborative UGVs that combine and intersperse User Content from UGVs generated by more than one user (each, a “Collaborative UGV”).  Any person who creates a UGV will be referred to herein as a “Creator,” and any person who uses any User Content from another’s UGV to create a Collaborative UGV as permitted by this EULA will be referred to herein as an “Editor.”  Creators, Editors and all other users of the Service will be referred to herein collectively as “Users.”
In addition to allowing you to create UGVs and Collaborative UGVs, the Service may also allow you to (i) create 15-second videos that include sound recording samples (and the musical works embodied therein) (sound recordings and the musical works embodied therein are “SR Samples”) made available by Musical.ly through the Service through a Musical.ly-provided library (each, a “Musical.ly Video,” together with UGVs and Collaborative UGVs, “User Videos”); (ii) save your User Videos locally to your device; (iii) upload your User Videos to the App or certain social media platforms (e.g., Instagram, Facebook, Vine, Twitter) subject to the terms and conditions in this EULA and any usage restrictions imposed by any licensors of SR Samples (e.g., sound recording and/or musical work copyright owners); (iv) communicate your User Videos to friends via different messaging services; and (v) publicly display and perform your User Videos and the embedded sound recordings and musical works to other Users of the Service.  If the Service does not permit you to Post User Videos directly to one or more third party social media platforms, then you are not authorized by Musical.ly to Post your User Videos on such platforms and you are solely responsible for obtaining any necessary rights, clearances, permissions or authorizations for such Posting and may be subject to liability for your failure to do so in the event of any Posting of User Videos.
Private Accounts.  You control whether the User Videos you create are made publicly available on the Service or only available to people you approve.  To restrict access to your User Videos, you should elect “private account” in the settings page within the App.
Mobile Services.  The Service will be accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”).  Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices.  Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.  Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA.
Registration.
Log-In Credentials.  While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, including to serve as a Creator or Editor, you must download the App and register an account with us (an “Account”).  You may register using your email address or your Facebook or Twitter credentials.
Account Security.  You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials.  You will notify Musical.ly immediately at privacy@musical.ly if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account.  Musical.ly will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Musical.ly of such unauthorized use or loss of your credentials.  Separate log-in credentials may be required to access External Sites (defined in Section 7 below).
Accuracy of Information.  When creating an Account, you will provide true, accurate, current, and complete information as Musical.ly requests.  You will update the information about yourself promptly, and as necessary, to keep it current and accurate.  We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, or violate any applicable laws or regulations.  If messages sent to the e-mail address you provide are returned as undeliverable, then Musical.ly may terminate your Account immediately without notice to you and without any liability to you or any third party.
Messages.  You may send messages to Users through the App.  You represent and warrant you will only send messages through the App to Users who have given you their express consent to receive such messages, and you will indemnify and hold Musical.ly harmless from any and all claims arising out of your sending these messages to any Users.  You are responsible for all fees and charges associated with such messages.
Intellectual Property Rights
License.  Subject to your complete and ongoing compliance with this EULA, Musical.ly hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Service solely for your personal, non-commercial use and solely in strict compliance with the provisions of this EULA.  NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM ANY MUSICAL.LY PROVIDED LIBRARY OF CONTENT.
Covenant Not to Sue.  Musical.ly, on behalf of itself and any third party licensors of sound recordings (and the musical works embodied therein) that are made available directly to you by Musical.ly through any Musical.ly-provided library of music, hereby represents, warrants, and covenants that it will not, for so long as you are authorized to use the Service pursuant to this EULA, sue or bring a cause of action against you for:
Reproducing SR Samples in timed relation to visual images (i.e., synchronizing) in User Videos created in strict compliance with this EULA, provided you are using only an SR Sample provided by Musical.ly and not any sound recordings, musical works, or other User Videos uploaded by you or others to the Service; and
Reproducing a User Video embodying an SR Sample on your own mobile device or distributing such User Video with private or public audiences via the Service, provided such distribution is in strict compliance with this EULA and the functionalities of the App.
User-Sourced Sound Recordings and Musical Works.  Nothing in this EULA grants you a license to reproduce, distribute, publicly perform, communicate to the public, synchronize or otherwise use and exploit any sound recordings or musical works obtained by you from any source other than a Musical.ly provided library.  You are solely responsible for clearing the rights to any sound recordings and musical works you source directly.
No Modification Rights.  Nothing in this EULA authorizes you to modify, change, or adapt the lyrics or fundamental character of any musical work or sound recording and any such modifications, changes or adaptations may subject you to third party claims.  You are solely responsible for obtaining any necessary rights, clearances, permissions or authorizations to modify, change or adopt any third party content.
Third Party Consent for Collaborative UGVs.  You hereby acknowledge and agree that if you (i) desire to upload (“Post”) a Collaborative UGV to any External Sites; or (ii) use a Collaborative UGV for any commercial purpose, then, in each case, you must obtain the prior consent from each Creator whose User Content you incorporated into the applicable Collaborative UGV through the functionality available on the Service.  For the purposes of the foregoing sentence, “commercial purpose” means any purpose that may directly or indirectly generate income, revenue, good will or any other tangible or intangible benefit.
Content.  Except for User Content, the content that Musical.ly provides to Users on or through the Service, including without limitation, any SR Samples, text, graphics, photos, software, and interactive features, is protected by copyright or other intellectual property rights and owned by Musical.ly or its third party licensors (collectively, the “Musical.ly Content”).  Moreover, Musical.ly solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.
Marks.  The Musical.ly trademarks, service marks, and logos (the “Musical.ly Trademarks”) used and displayed on the Service are Musical.ly’s registered and unregistered trademarks or service marks.  Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Musical.ly Trademarks, the “Trademarks”).  Except as otherwise permitted by law, you may not use the Trademarks to disparage Musical.ly or the applicable third-party, Musical.ly’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks.  You may not use any Trademarks as part of a link to or from any Service without Musical.ly’s prior express written consent.  All goodwill generated from the use of any Musical.ly Trademark will inure solely to Musical.ly’s benefit.
Restrictions.  Musical.ly hereby reserves all rights not expressly granted to you in this Section 4.  Accordingly, nothing this EULA or on the Service will be construed as granting to you, by implication, estoppel, or otherwise, any additional license rights in and to the Service or any Musical.ly Content or Trademarks located or displayed therein.
User Content.
Definition.  “User Content” means any content that Users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, any text, photographs, User Videos or sound recordings and the musical works embodied therein and any other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all Musical.ly Content (including, without limitation, any SR Samples incorporated into Musical.ly Videos).
Screening User Content.  Musical.ly offers Users the ability to submit User Content to the Service.  Musical.ly does not pre-screen any User Content, but reserves the right to remove or delete any User Content in its sole discretion.  In addition, we have the right – but not the obligation – in our sole discretion to remove or delete any User Content (i) that we consider to violate this EULA, applicable law or otherwise constitute Objectionable Content (defined in Section 5.i below); or (ii) in response to complaints from other Users.  As a result, we recommend that you save copies of any User Content that you Post to the Service on your personal device(s) in the event that you want to ensure that you have access to copies such User Content.  Musical.ly does not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will Musical.ly be liable in any way for any User Content.
Intellectual Property Rights.  SUBJECT TO ANY THIRD PARTY RIGHTS IN ANY PREEXISTING CONTENT INCLUDED WITHIN YOUR USER CONTENT, INCLUDING MUSICAL.LY CONTENT, YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
Licenses to User Content.  You hereby grant Musical.ly an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, “Use”) all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting Musical.ly and the Service; (ii) displaying and sharing your User Content to other Users of the Service; (iii) providing the Service as authorized by this EULA; and (iv) sublicensing Editors the appropriate rights to enable them to create Collaborative UGVs that incorporate any of your User Content.  If you terminate this EULA or remove any of your User Content from the Service after it has been included within a Collaborative UGV, then your license grant with respect to your User Content included within such Collaborative UGV is perpetual and irrevocable.  You further grant Musical.ly a royalty-free license to use your user name, image, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to Musical.ly any User Content that you consider to be confidential or proprietary.  Any User Content posted by you to or through the Service or transmitted to Musical.ly will be considered non-confidential and non-proprietary, and treated as such by Musical.ly, and may be used by Musical.ly in accordance with this EULA without notice to you and without any liability to Musical.ly.  For the avoidance of doubt, the rights granted in the preceding sentences of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis.  This means that you are granting Company the right to Use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
You Must Have Rights to the Content You Post.  You must not Post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service.  In addition, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not Post such sound recordings to the Service unless you have all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to Company under these Terms.  You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party.  You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.
Specific Rules for Musical Works.  If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through this EULA to us.  You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations.  If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in this EULA or have such music publisher enter into this Agreement with us.  Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in this EULA.
Through-To-The-Audience Rights.  All of the rights you grant in this EULA are provided on a through-to-the-audience basis, meaning the owners or operators of External Sites will not have any separate liability to you or any other third party for User Content Posted or Used on such External Sites via the Service.
Waiver of Rights to User Content.  By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content.  You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof.  To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
Objectionable Content.  You are not permitted to and agree not to Post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, or vulgar, (ii) promoting bigotry, discrimination, hatred, racism, or inciting violence, or (iii) with respect to SR Samples (and, for the avoidance of doubt, the musical works embodied therein), making a political message for or against any person, party, political belief or issue, or harshly critical of the copyright owners of any SR Samples or any author, contributor or royalty participant of an SR Sample, in each of clauses (i), (ii) and (iii) of this Section, as Musical.ly may determine in its sole discretion (collectively, “Objectionable Content”). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against any third party claims arising from your Posting of Objectionable Content.  You also agree not to use the Service for illegal or unlawful purposes, including, without limitation, to stalk any other User.  If you encounter any Objectionable Content on the Service, then please email Musical.ly at legal@musical.ly or inform us through the functionality offered on the Service. You acknowledge and agree that Musical.ly provides you the right to report Objectionable Content as a courtesy, and Musical.ly has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us.  Musical.ly may terminate, suspend, warn or take other appropriate actions against Users for Posting Objectionable Content to the Service.
No Liability.  For the avoidance of doubt, Musical.ly will not be liable for any unauthorized use of User Content by any User.
Restrictions on Use of the Service.
In using the Service, you agree not to:
use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Service;
delete or alter any material Musical.ly or any other person or entity Posts on the Service;
frame or link to any of the materials or information available on the Service;
alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;
use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Musical.ly or obtained from the Service;
access, tamper with, or use non-public areas of the Service, Musical.ly’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Musical.ly’s providers;
provide any false personal information to Musical.ly;
create a false identity or impersonate another person or entity in any way;
create a new account with Musical.ly, without Musical.ly’s express written consent, if Musical.ly has previously disabled an account of yours;
solicit, or attempt to solicit, personal information from other Users of the Service;
restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about Users of the Service;
use the Service to send emails or other communications to persons who have requested that you not send them communications;
use the Service, without Musical.ly’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
gain unauthorized access to the Service, to other Users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
Post any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
violate any applicable federal, state, or local laws or regulations or the terms of this EULA; or
assist or permit any person in engaging in any of the activities described above.
External Sites.  The Service may contain links to or the ability to share information with third party websites (“External Sites”).  Musical.ly does not endorse any content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites.  Musical.ly is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs.  If you decide to access any External Sites, then you do so at your own risk.
Feedback.  While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community.  If you choose to contribute by sending Musical.ly or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided.  Accordingly, by sending Feedback to Musical.ly, you agree that:
Musical.ly has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

Feedback is provided on a non-confidential basis, and Musical.ly is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

You irrevocably grant Musical.ly perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
Respect of Third Party Rights.  Musical.ly respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same.  Infringing activity will not be tolerated on or through the Service.
Repeat Infringer Policy.  Musical.ly’s intellectual property policy is to (i) remove or disable access to material that Musical.ly believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers.”  Musical.ly considers a “repeat infringer” to be any User that has uploaded User Content or Feedback to or through the Service and for whom Musical.ly has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback.  Musical.ly has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon Musical.ly’s own determination.
Procedure for Reporting Claimed Infringement.  If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below.  Your Notification of Claimed Infringement may be shared by Musical.ly with the User alleged to have infringed a right you own or control, and you hereby consent to Musical.ly making such disclosure.  Your communication must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Musical.ly to locate the material;
Information reasonably sufficient to permit Musical.ly to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Designated Agent Contact Information.  Musical.ly’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
Via E-mail:  	copyright@musical.ly
Via U.S. Mail: 	1161 Mission Street, Office #502, San Francisco, CA   94103

Counter Notification.  If you receive a notification from Musical.ly that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Musical.ly with what is called a “Counter Notification.”  To be effective, a Counter Notification must be in writing, provided to Musical.ly’s Designated Agent through one of the methods identified in Section 9.d and include substantially the following information:
A physical or electronic signature of the subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, then for any judicial district in which Musical.ly may be found, and that the subscriber will accept service of process from the person who provided notification under Section 9.d above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
Reposting of Content Subject to a Counter Notification.  If you submit a Counter Notification to Musical.ly in response to a Notification of Claimed Infringement, Musical.ly will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Musical.ly will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and Musical.ly will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Musical.ly’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on Musical.ly’s system or network.
False Notifications of Claimed Infringement or Counter Notifications.  The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Musical.ly] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
Musical.ly reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
Dispute Resolution.
Mandatory Arbitration.  Please read this carefully.  It affects your rights.  MUSICAL.LY (AND ITS RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED ASSIGNS), YOU AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS EULA OR THE SERVICE.  Arbitration is more informal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award.  Please visit www.adr.org for more information.
Commencing Arbitration.  A party who intends to seek arbitration must first send to the other, by a reputable courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Musical.ly, to you via any other method available to Musical.ly, including via e-mail.  The Notice to Musical.ly should be addressed to 1161 Mission Street, Office #502, San Francisco, CA  94103, Attn: Chief Executive Officer (the “Arbitration Notice Address”).  The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”).  If you and Musical.ly do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Musical.ly may commence an arbitration proceeding as set forth below or file a claim in small claims court.  THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“Rules”), AS MODIFIED BY THIS EULA.  The Rules and AAA forms are available at http://www.adr.org.  If you are required to pay a filing fee to commence arbitration against Musical.ly, then Musical.ly will promptly reimburse you for your confirmed payment of the filing fee upon Musical.ly’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than U.S.$1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
Arbitration Proceeding.  The arbitration will be conducted in English.  A single independent and impartial arbitrator with his or her primary place of business in San Francisco County, California will be appointed pursuant to the Rules, as modified herein.  You and Musical.ly agree the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No Class Actions.  YOU AND MUSICAL.LY AGREE THAT YOU AND MUSICAL.LY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
Decision of the Arbitrator.  Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed.  The arbitrator may extend this time limit for an additional 30 days in the interests of justice.  All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.  The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.  The arbitrator will apply the laws of the State of California in conducting the arbitration.  You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce.  The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this EULA.
Equitable Relief.  The foregoing provisions of this Dispute Resolution Section do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents.  You acknowledge that, in the event Musical.ly or a third party breaches this EULA, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Musical.ly, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this EULA.
Claims.  You and Musical.ly agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this EULA or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.
Improperly Filed Claims.  All claims you bring against Musical.ly must be resolved in accordance with this Dispute Resolution Section.  All claims filed or brought contrary to this Dispute Resolution Section will be considered improperly filed.  Should you file a claim contrary to this Dispute Resolution Section, Musical.ly may recover attorneys’ fees and costs up to $5,000, provided that Musical.ly has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Modifications.  In the event that Musical.ly makes any future change to the Mandatory Arbitration provision (other than a change to Musical.ly’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to Musical.ly’s Arbitration Notice Address, in which case your account with Musical.ly and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this EULA.
Enforceability.  If only Section 10.a.iii or the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 will govern any action arising out of or related to this EULA.
Limitation of Liability and Disclaimer of Warranties.
MUSICAL.LY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “MUSICAL.LY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE MUSICAL.LY PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK.  YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
THE MUSICAL.LY PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.  IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO MUSICAL.LY PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  ACCORDINGLY, THE MUSICAL.LY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL ANY MUSICAL.LY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH MUSICAL.LY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MUSICAL.LY’S LIABILITY, AND THE LIABILITY OF ANY OTHER MUSICAL.LY PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO U.S. $100.  SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  IN SUCH STATES, THE LIABILITY OF THE MUSICAL.LY PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Third Party Disputes.  ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE MUSICAL.LY PARTIES 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.
Indemnification.  You agree to defend, indemnify, and hold harmless the Musical.ly Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) your breach of this EULA; (ii) your access to, use or misuse of the Musical.ly Content or the Service; or (iii) your User Content.  Musical.ly will provide notice to you of any such claim, suit, or proceeding.  Musical.ly reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if Musical.ly believes that you are unwilling or incapable of defending Musical.ly’s interests.  In such case, you agree to cooperate with any reasonable requests assisting Musical.ly’s defense of such matter at your expense.
Term and Termination of the EULA.
Term.  As between you and Musical.ly, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or Musical.ly.
Termination.  You may terminate this EULA by sending written notification to Musical.ly at privacy@musical.ly, deleting the App from your mobile devices, and terminating all other uses of the Service.  If you wish to delete any of your User Videos from the Service, then you may do so using the permitted functionalities of the App, but the removal or deletion of a User Video will not terminate this EULA.  Musical.ly reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party copyright owner of musical works or sound recordings.  Musical.ly may further terminate this EULA for any other reason upon ten (10) days’ notice to you using the email address associated with your account credentials.  Musical.ly reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
Sections 1.c, 2.c, 3.b, 3.d and 4-18 will survive the termination of this EULA indefinitely.
Consent to Electronic Communications.  By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy.  Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices.  You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Miscellaneous.  This EULA is governed by the internal substantive laws of the State of California without respect to its conflict of laws provisions.  You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in San Francisco County, California.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Musical.ly as a result of this EULA or use of the Service.  You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Musical.ly other than pursuant to this EULA.  If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this EULA, which will remain in full force and effect.  Failure of Musical.ly to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA.  No waiver will be effective against Musical.ly unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by Musical.ly and you, this EULA constitutes the entire agreement between you and Musical.ly with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.  The Section headings are provided merely for convenience and will not be given any legal import.  This EULA will inure to the benefit of our successors and assigns.  You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior express written consent of Musical.ly.  This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition.  Musical.ly may assign this EULA, including all its rights hereunder, without restriction.
Contact Us.  If you would like to contact us in connection with your use of the Service, then please refer to the contact information below: by mail at 1161 Mission Street, Office #520, San Francisco, CA  94103, and by email at privacy@musical.ly.
Open Source Software.  The App contains certain open source software.  Each item of open source software is subject to its own applicable license terms, which can be found at http://musical.ly/opensource.html.
NOTICE REGARDING APPLE.  You acknowledge that this EULA is between you and Musical.ly only, not with Apple, and Apple is not responsible for the App or the content thereof.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.  In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.  Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:  (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights.  You agree to comply with any applicable third party terms, when using the App.  Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA.  You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S.  Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.  If Musical.ly provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version will prevail.

Privacy Policy
Effective Date: December 12, 2015
This Privacy Policy is incorporated by this reference into the End User License Agreement and Terms of Service located at http://musical.ly/term.html (“EULA”).  The terms “Musical.ly,” “we,” and “us” include Musical.ly, an exempted company duly incorporated with limited liability and validly existing under the Laws of the Cayman Islands, and its affiliates and/or subsidiaries.  All other terms not defined in this Privacy Policy will have the meanings set forth in the EULA.  This Privacy Policy explains how Musical.ly may:
collect,
use, and
disclose
information we obtain through the Service.  As used in this Privacy Policy, “Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as your name, address, email address, or phone number.  We do not consider Personal Information to include information that has been aggregated and/or de-identified so that it does not allow a third party to easily identify a specific individual.
The Service Collects Your Information



Personal Information Collection.  You may browse the public-facing portions of the Service without registering an Account with Musical.ly.  If you register an Account with us to use the Service, then you must provide us with certain Personal Information, such as your email address, or you may register using your User credentials to certain social media sites, such as Twitter or Facebook.
Social Sign-On.  We may collect Personal Information from a social media website when you use your social media credentials to log into the Service.  For example, when you log in with your Twitter or Facebook credentials, we may collect the Personal Information you have made publicly available on those websites, such as your User name and profile picture.  We may also obtain other non-public information with your permission.
Using the Service.  We collect information that you Post to the Service.  For example, when you Post comments, a short biography or UGVs on the Service, we will collect the information you include in these submissions, including any Personal Information.
Messages. We collect and process information you provide, including any Personal Information, in the context of composing, sending, or receiving messages through our Service’s messaging functionality, and we may collect information about your use of our messaging functionality.  Please be aware that messages sent to other Users of our Service will be accessible by those other Users and that we are not responsible for the manner in which those Users use or disclose messages.
Location Information.  We collect information about your location if you grant us permission to do so.  If you change your mind and do not want us to collect your location information, then you can choose to hide your location under the “Settings” tab within the App.
Customer Support.  We collect all information that you provide to us, including any Personal Information, when you contact us for customer-support purposes.
Cookies, Automatic Data Collection, and Related Technologies.  The Service collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.
When you visit the Service, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology.  Cookies are small text files containing a string of alphanumeric characters.  We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser.  A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service.  Please review your web browser “Help” file to learn the proper way to modify your cookie settings.  Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.  We may use third party cookies on our Service as well.  For instance, we use Google Analytics to collect and process certain analytics data.  Google provides some additional privacy options described at www.google.com/policies/privacy/partners/ regarding Google Analytics cookies.  By using the Service, you are authorizing us to gather, parse, and retain data related to the provision of the Service.
How Musical.ly Uses Your Information


Internal and Service-Related Usage.  We use information, including Personal Information, for internal and Service-related purposes and may provide it to third parties to allow us to provide and improve the Service.
Communications.  We may send email to the email address you provide to us (a) for customer service related purposes, (b) to provide you with updates or information relating to the Service, including promotions and other opportunities, or (c) for enforcement of the EULA or this Privacy Policy.
Aggregate Data.  We may de-identify and aggregate information collected through the Service and use it for any lawful purpose.
Musical.ly May Disclose Your Information


We Use Vendors and Service Providers.  We may share any information we receive with vendors and service providers retained in connection with the provision of the Service.
Social Networking and Other Websites.  The Service may allow you to share information, including Personal Information, with social networking websites, such as Twitter, Facebook and Instagram.  We do not share your Personal Information with these social networking sites unless you direct the Service to share your Personal Information.  The use of your Personal Information by any social networking websites will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites.
User Content and Information.  User Content you Post to the Service, such as UGVs, comments and your short biography, will be displayed on the Service and viewable by other users.  In addition, your profile information, such as any photograph of you and your User name, will also be searchable and accessible by other Users.  We are not responsible for the privacy practices of the other Users who will view and use this information, so you should carefully consider whether to Post any User Content on the Service or how you identify yourself on the Service.  You should not disclose your home address or the address of your place of business, school or other locations you frequent on a regular basis in any User Content.
Marketing.  We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.
Location Information.  We may share your location information with other Users by tagging your UGVs with your location information.  We will not share your exact location with other Users.  We will only share a location within a 50 mile radius of your actual location.
As Required By Law and Similar Disclosures.  We may access, preserve, and disclose your Personal Information or other account information if we believe doing so is required or appropriate to (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our or others’ rights, property, or safety.
Merger, Sale, or Other Asset Transfers.  If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy or liquidation where the business will not continue as a going concern, receivership, sale of Musical.ly assets, or transition of the Service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.  The use of your Personal Information following any of these events will be governed by the provisions of this Privacy Policy in effect at the time the applicable Personal Information was collected.
Consent.  We may also disclose your Personal Information with your permission.
Security of Your Information
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy.  Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us.  We do not accept liability for unintentional access, use or disclosure.
Children’s Privacy


We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Service is directed to children under the age of 13.  If you learn that your child has provided us with Personal Information without your consent, then you may alert us at privacy@musical.ly.  If we learn that we have collected any Personal Information from children under 13, then we will promptly take steps to delete such information and terminate the child’s account.
international users


By choosing to visit the Service or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of California and the adjudication of any disputes arising in connection with Musical.ly or the Service will be in accordance with the EULA located here http://musical.ly/term.html.
If you are visiting the Service from the European Union or other regions with laws governing data collection and use, then please note that you are agreeing to the transfer of your information to the United States and processing globally.  By providing your information to the Service, you consent to any transfer and processing in accordance with this Privacy Policy.
UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION
If you would like to update or correct any information that you have provided to us through your use of the Service or otherwise, or if you have suggestions for improving this Privacy Policy, then please send an e-mail to privacy@musical.ly.
CHANGES TO OUR PRIVACY POLICY AND PRACTICES


Posting of Revised Privacy Policy.  We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted.  If you are concerned about how your information is used, then bookmark this page and read this Privacy Policy periodically.
New Uses of Personal Information.  From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy.  If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, then we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.
Contact Information

Musical.ly Inc.
1161 Mission Street, Office #502
San Francisco, CA  94103
privacy@musical.ly


