LAVA+ User Service Agreement

（ Effective: September 26th, 2024)


1 Special Reminder

1.1. Before you start using the software, products, and related services provided by LAVA+, please read and decide whether to agree to the "LAVA+ User Service Agreement" (hereinafter referred to as "this Agreement"), "LAVA+ Privacy Policy   " and other related agreements and business rules. Please carefully read and fully understand the content of each clause, especially the limitation or exemption of liability clauses and the separate agreements for activating or using certain services.   Important content such as limitation or exemption clauses will be highlighted in bold for your attention. Please read them carefully.

1.2. If you disagree with any content of this Agreement or cannot accurately understand the terms, please do not register, log in, or use the software products or services provided by LAVA+.   Your actions such as logging in, viewing, downloading, posting information content, and using this software product will be regarded as you have read and agreed to be bound by this Agreement and related agreements and rules.

 

1.3. If you are under 16 years old or have other circumstances where you do not have the civil capacity for acts that are compatible with user behavior, please ensure that you read this Agreement and obtain the consent of your parents or guardians before using LAVA+ services, and use the services described in this Agreement with your parents or guardians present. In this case, you and your parents or guardians shall bear all consequences arising therefrom in accordance with the law. If you are located in the EEA or any other region where data protection laws apply, including the General Data Protection Regulation (GDPR) in Europe, you may only use LAVA+ if you are over the age at which you can legally provide consent to data processing under the laws of your country, or if verifiable parental or guardian consent for your use of LAVA+ has been provided to us.

2. Definitions and Interpretations

2.1.   In this Agreement, "LAVA+" refers to   HongKong LAVA Cloud Service Technology Co.,Ltd.

 

2.2.   In this Agreement, "User" refers to those who choose to agree to all the terms of this Agreement after reading it. Users can use the services by registering and logging into a LAVA+ account, but whether they register or log into a LAVA+ account does not affect their status as users under this Agreement.

 

2.3.   In this Agreement, "Software" or "Product" refers to the LAVA+ related website, mobile applications,   APIs, widgets, and hardware devices (including but not limited to guitar software HILAVA) currently provided by LAVA+ and those that may appear in the future.

 

2.4.   In this Agreement, "Service" refers to the basic services provided by LAVA+ through software and products, such as music and song performance, accompanying search, audition, offline caching, music work management, and the use of accompaniment for online song performance, recording, tuning modification, synthesis, uploading, etc., as well as interactive services such as collection, following, commenting, sharing, posting information content, and making friends, and value-added services such as membership activation.

 

2.5.     In this Agreement, "Information Content" refers to, but is not limited to, any material, text, audio, images, photos, videos, charts, advertisements, programs,   and other materials on the software and products, including the information content provided by LAVA+ and the information content posted by users.

 

3. User Account Rules

3.1.       Users can access music, videos, and other content through the software or products provided by LAVA+ and can enjoy more comprehensive services after registering and logging into a LAVA+ account, such as posting comments,   songs, videos, and graphic content. The LAVA+ account is the sole basis for LAVA+ to confirm the user's identity. Users should properly safeguard their account and password after registering. Users shall bear the legal liability for any information content publishing, data modification, and payment of funds that may arise from the use of the account. If the user fails to properly safeguard their account and password and causes damage to themselves, LAVA+, or a third party, the user shall be liable according to the law.

 

3.2.       Users should register their account through official LAVA+ channels and fill in the relevant registration information legally, accurately, and truthfully according to the registration prompts, including but not limited to nicknames, avatars, and profiles. Users should not include illegal information or bad information as described in Article   6.1.1   or   6.1.2   of this Agreement, impersonate others' names, titles, characters, avatars, or open accounts in other ways that may cause confusion, and should not register LAVA+ accounts improperly (including but not limited to frequent registration, batch registration of accounts, using others' identities to register, exploiting or damaging the LAVA+ account registration system for account registration, etc.). For accounts obtained through improper registration, LAVA+ has the right to take measures including but not limited to refusing to provide related services, blocking, canceling, or reclaiming, and users shall bear all the responsibilities arising therefrom.

3.3.     Users shall not gift, lend, lease, transfer, sell accounts, or otherwise grant or share the use of their accounts with others. If LAVA+ discovers or has reasonable grounds to believe that the user is not the original registrant of the account, LAVA+ may take measures to protect account security, including but not limited to immediately suspending or terminating the provision of services to that account, blocking, canceling, or reclaiming the account. LAVA+ reserves the right to pursue breach of contract liabilities and other legal liabilities against the user.

 

3.4. Users are responsible for properly safeguarding the security of their account information and passwords and shall not disclose their account and password information or verification information to others under any circumstances. If a user discovers unauthorized use of their account, they should immediately notify LAVA+.

 

3.5.   If user loses their account or forgets their password, they can notify LAVA+ to retrieve their account or password. LAVA+ will compare the information provided by the user during the application process with the system records, but cannot accurately identify whether the applicant is the legitimate user of the account. LAVA+ is not responsible for any losses resulting from account theft or password loss caused by user negligence or other force majeure factors.

3.6. Within the scope permitted by law, users agree that LAVA+ has ownership and usage rights to all data and usage statistics generated through user registration, use of LAVA+ accounts, including but not limited to registration, login, and consumption of services. In case of disputes, users agree to rely on LAVA+ system data, and LAVA+ shall ensure the authenticity of the data and take appropriate security measures such as encryption and randomization in accordance with legal requirements for data collection and storage.

 

3.7. To comply with relevant laws and regulations and protect user account security, LAVA+ may verify the user's identity, including but not limited to inputting verification codes and mobile phone authentication. If a user cannot complete or refuses the verification, LAVA+ may reasonably suspect security risks to the user's account, suspend the provision of part or all services to the user, and take further measures. If a user does not log in to their account for an extended period, uses, displays, or runs the same account on multiple devices simultaneously, or is suspected of violating any provisions of this Agreement or separate agreements, LAVA+ has the right to immediately suspend or terminate the provision of services to that account and permanently disable the account .

3.8.   LAVA+ provides account cancellation services for users. Users can cancel their LAVA+ account by applying online or contacting LAVA+ customer service (except as otherwise provided by law or agreed upon in this Agreement).   Once a LAVA+ account is canceled, the user will no longer be able to log in or use the software, products, and related services provided by LAVA+ with that account. After the account is canceled, all information and content within the account (including but not limited to purchased services and content, uploaded content, etc.) will be irretrievable.

4. User Information Protection

4.1.   Protecting user personal information is a fundamental principle of LAVA+. LAVA+ will adopt professional encryption technology and anonymized processing methods to store, use, and share user personal information, and apply security technologies and measures that match LAVA+ products and services. LAVA+ will establish a comprehensive management system to protect users' personal information from disclosure, damage, or loss. In the event of the aforementioned situations, or when LAVA+ discovers the possibility of such situations occurring, LAVA+ will promptly take remedial measures and inform the users. If users discover any of the aforementioned situations, they must immediately contact LAVA+.

 

4.2.   For more detailed user information protection, please refer to the   LAVA+ Privacy Policy.

 

4.3.   LAVA+ attaches great importance to the protection of children's personal information. If you are a minor under 14 years old, please read the   LAVA+ Children's Privacy Policy   with your parents or guardians before using LAVA+ software and services, and use LAVA+ software, products, and services under their consent and guidance.

 

5. LAVA+ Service Formats

5.1. Software Service Format

5.1.1.   LAVA+ may develop different software versions for different terminal devices. Users should choose and download the appropriate version for installation based on their actual needs.

 

5.1.2.   If users obtain software or installation programs with the same name as the software from unauthorized third parties, LAVA+ cannot guarantee that the software will function properly and is not responsible for any damages caused to users as a result.

5.1.3. Users agree that the software is for personal, non-commercial use only. Users shall not install, use, or operate the software for commercial purposes. Users should not use the software and related services and information content for commercial purposes. Otherwise, all losses and liabilities caused by this (including but not limited to LAVA+) shall be borne by the user.

5.1.4.   To enhance user experience and improve service content, LAVA+ will occasionally provide software update services, which may take the form of software replacement, modification, feature enhancement, or version upgrades. Once a new version of the software is released, the old version may become unusable.   Users should promptly download the latest version

 

5.1.5.   Users need to prepare their own terminal devices (such as computers, mobile devices, etc.) related to the software services provided by LAVA+ and bear the necessary expenses (such as network bandwidth fees, mobile data fees, etc.).

 

5.1.6.   Some specific services or features within LAVA+ software may be provided by third-party partners. We will indicate the information of third-party partners on the relevant pages. Please read and agree to the related agreements before using specific services or features. In case of disputes, losses, or damages arising from services provided by third-party partners, you should resolve them with the third party. If you need assistance from LAVA+, we will do our best to help.

 

5.1.7.   Unless permitted by law or authorized in writing by LAVA+,   users shall not engage in the following activities,   otherwise, LAVA+ reserves the right to pursue legal liability according to the law:

 

(1)   Deleting information about copyright on the software and its copies;

 

(2)   Reverse engineering, reverse assembling, reverse compiling the   software, or attempting to discover the software's source code in any other way;

 

(3)   Using, renting, lending, copying, modifying, linking, reposting, compiling, publishing, creating mirror sites, or otherwise exploiting LAVA+'s intellectual property content to develop derivative   products, works, services, plug-ins, add-ons, compatibility,   interconnection, etc. without authorization;

 

(4)   Copying, modifying, adding, deleting, intercepting, or creating any derivative works from data released to any terminal memory during the software operation, interaction data between the client and server during software operation, and system data necessary for software operation, including but not limited to using plug-ins, add-ons, or unauthorized third-party tools/services to access the software and related systems;

 

(5)   Modifying or forging instructions or data in the software operation, altering the software's functionality or performance, or operating   or disseminating software or methods used for such purposes to the public, regardless of whether these acts are for commercial purposes

 

(6)   Logging in or using the software and services through non-LAVA+ developed, unauthorized third-party software, plug-ins, add-ons,   or systems, or creating, publishing, or disseminating such tools

 

(7)   Engaging in any activities that endanger computer network security, including but not limited to: using unauthorized data or accessing unauthorized servers/accounts; accessing public computer networks or other computer systems without permission and deleting, modifying, or adding stored information; attempting to probe, scan, test the software system or network vulnerabilities or engaging in other activities that undermine network security; attempting to interfere with or disrupt the normal operation of the software system or website, deliberately spreading malicious programs or viruses, and other acts that undermine or interfere   with normal network information services; forging TCP/IP packet names or partial names;

 

(8)   Modifying or forging instructions, data, or data packets during the operation of software works, altering the software's functionality or performance, and disseminating or operating software used for such purposes through an information network to the public;

 

(9)   Unauthorized copying, reading, collecting, editing, organizing, diverting, transferring, or otherwise obtaining or using LAVA+ software and related service information content through other illegal means;

 

(10)   Other acts not expressly authorized by LAVA+.

 

5.2 Fee-based Service Forms

5.2.1 Some of the services provided by LAVA+ are offered on a fee basis. If users wish to use these fee-based services, they should comply with the relevant agreements. If users do not agree to the use of fee-based services, they should cease using the services.

5.2.2 LAVA+ may modify and change the fee standards and methods for fee-based services based on actual needs. LAVA+ may also begin charging fees for some previously free services.

5.2.3 When users subscribe to a membership, they should review the pricing and notices on the relevant pages. If the user is a minor, they should obtain the consent of their parent or guardian and follow their guidance.

5.2.4 Without LAVA+'s permission, the rights obtained by users after payment are only valid for use within their account and across different terminal devices. Users may not transfer these rights to a third party. If they do, LAVA+ has the right to immediately suspend or terminate the provision of services to that account and may permanently ban the account.

 

6 User Behavior Guidelines

6.1 Users are prohibited from engaging in the following activities when using LAVA+ services:

6.1.1   Publish, transmit, disseminate, or store illegal information, including       but not limited to:

(1)   Content that contradicts the fundamental principles established     by the constitution;

(2)   Content that endangers national security, discloses state secrets,     subverts state power, or undermines national unity;

(3)   Content that harms national honor and interests;

(4)   Content that distorts, disfigures, blasphemes, or denies the deeds     and spirit of heroes and martyrs, or that insults, defames, or       otherwise infringes upon their names, images, reputations, or       honors;

(5)   Content that promotes terrorism, extremism, or incites terrorist     activities or extremist activities;

(6)   Content that incites ethnic hatred or discrimination or undermines     national unity;

(7)   Content that violates national religious policies, promotes cults, or     superstitions;

(8)   Content that spreads rumors, disrupts economic order, or social     order;

(9)   Content that disseminates obscenity, pornography, gambling,       violence, homicide, terror, or incites crime;

(10)   Content that insults or defames others, infringing upon their       reputation, privacy, and other lawful rights and interests;

(11)   Other content prohibited by laws and administrative regulations.

 

6.1.2   Publish, transmit, disseminate, or store undesirable information,       including but not limited to:

(1)   Using exaggerated headlines that significantly differ from the       content;

(2)   Speculating on scandals, gossip, or other negative news;

(3)   Making inappropriate comments on natural disasters, major       accidents, or other catastrophes;

(4)   Displaying content with sexual innuendo or provocation that may     lead to sexual associations;

(5)   Displaying content that is bloody, horrifying, cruel, or otherwise     disturbing to the physical and mental well-being of others;

(6)   Inciting discrimination against groups or regions;

(7)   Promoting vulgar, lowbrow, or pandering content;

(8)   Encouraging unsafe or immoral behavior in minors, inducing bad     habits, or other content that goes against social norms;

(9)   Other content that negatively impacts the online ecosystem.

 

6.1.3 Publish, transmit, disseminate, or store content that infringes on the legitimate rights of others, including but not limited to reputation rights, portrait rights, intellectual property rights, trade secrets, etc.;

6.1.4 Use any material, including audio and video, obtained through the service in a manner that infringes on intellectual property rights, trade secrets, or any other legitimate rights of any party;

6.1.5   Create, publish, or disseminate software used to steal others' account       information, exclusive information, property, or confidential         information;

6.1.6   Sell, rent, lend, distribute, transfer, or sublicense the software and services, or related links, or profit from the use of the software and services or the terms of the software and services without explicit written authorization from LAVA+, regardless of whether such use results in direct economic or monetary benefits;

6.1.7   Apply any music resources from the music content library for commercial use or profit-making activities without LAVA+'s permission;

6.1.8   Fabricate facts, conceal the truth to mislead or deceive others;

6.1.9   Publish, transmit, or disseminate commercial advertisements, or       similar commercial solicitation information, excessive marketing       information, and spam;

6.1.10   Use the software and services in any other illegal manner, for any       illegal purpose, or in any manner inconsistent with this agreement;

6.1.11   Users shall not use new technologies and applications based on deep       learning, virtual reality, etc., to create, publish, or disseminate false       news information. When publishing or disseminating non-genuine       audio and video information produced using new technologies and       applications based on deep learning or virtual reality, users shall clearly       mark it as such;

6.1.12   Engage in other activities that violate laws, regulations, policies, public       order, good morals, and social ethics.

6.2 When using LAVA+ services, users should strictly comply with the above agreements. Users who violate these agreements shall bear all consequences and liabilities arising from the use of information content. LAVA+ reserves the right to take measures including but not limited to refusing to provide partial or all services, deleting illegal or undesirable information, and blocking accounts. LAVA+ also has the right to save records according to legal provisions and report to relevant authorities. If LAVA+ suffers administrative penalties or litigation compensation due to user violations, LAVA+ has the right to demand the user jointly resolve the issue and seek compensation from the user.

7. Use of Lyrics Content

7.1 The lyrics provided by LAVA+ are licensed for your personal, non-commercial use only. You may not reproduce (other than as authorized for your own personal usage), publish, transmit, distribute, publicly display, rent, lend, modify, create derivative works from, sell, or participate in the sale of, or exploit in any way, in whole or in part, directly or indirectly, any of the lyrics provided.

 

7.2 You agree that you are not granted any so-called "karaoke" or "sing-along" rights to the lyrics. You shall not seek to or remove any vocal track from a sound recording associated with the lyrics provided.

 

7.3 You shall not assign, transfer, or transmit any lyrics to any third party.

 

7.4 Any unauthorized use of the lyrics that violates the terms of this Agreement will result in the immediate termination of your access to the LAVA+ Service, and you may be subject to legal action. You agree that you shall not seek to or do anything that will defeat, evade, or circumvent any efforts that may be made to protect the lyrics from any unauthorized usage.

 

8 Terms for Minor Users

8.1   Minor users should be aware of the following when using this service, to       enhance safety awareness and strengthen self-protection:

8.1.1   Understand the distinction between the online world and the real world,       learn to use the internet properly within reasonable bounds, and avoid       getting addicted to the internet, which may impact daily learning and       life;

8.1.2   When providing personal information, enhance personal protection       awareness and only provide information under the guidance and with       the consent of a guardian, to prevent harassment and harm from       malicious individuals;

8.1.3   Learn to use the internet properly under the guidance of parents,       guardians, or teachers, and develop good online habits;

8.1.4   Avoid meeting strangers or participating in social events with strangers,       to prevent unlawful individuals from taking advantage and jeopardizing       personal safety.

 

8.2   Parents, guardians, and schools should provide guidance, help, and supervision     when minors use this service. In particular, parents should care for their       children's growth, communicate with and accompany them, and guide them on     issues to be aware of when using the internet to prevent potential problems.

 

8.3   To better protect the privacy of minors, users should carefully consider before publishing content containing materials involving minors. Once published, it is deemed that the user has obtained the consent of relevant rights holders to display minors' portraits, voices, names, ages, etc., in the LAVA+ software and services, and agrees to LAVA+ using and processing content related to minors in accordance with this agreement, the LAVA+   Privacy Policy , and the LAVA+ Children's Privacy Policy .

8.4 Special Notice for Parents or Guardians

8.4.1 When a ward (i.e., a minor) uses the LAVA+ software and services, you, as the guardian, should guide and supervise the registration and usage behavior of the ward. If the ward registers or logs into a LAVA+ account, LAVA+ has the right to assume that you have given consent.

8.4.2 Wards may use payment features, such as purchasing memberships, while using LAVA+ software and services. You, as the guardian, should properly safeguard your payment account, payment password, and other information to prevent wards from using payment features through your LAVA+ account without your consent. LAVA+ has the right to assume that such payment has been approved by you.

9 Force Majeure and Other Exemptions from Liability

9.1   Users understand and agree that in the process of using this service, they may     encounter force majeure and other risk factors that may cause service       interruptions. Force majeure refers to unforeseeable, insurmountable, and       unavoidable objective events that have a significant impact on one or both       parties, including but not limited to natural disasters such as floods,       earthquakes, pandemics, and storms, as well as social events such as wars,     unrest, and government actions. In such cases, LAVA+ will make efforts to       cooperate with relevant units in a timely manner to repair the service, but any     losses caused to users will be exempted from liability within the scope       permitted by law.

 

9.2   Within the scope permitted by law, LAVA+ assumes no responsibility for service     interruptions or impediments caused by the following situations:

9.2.1   Damage caused by computer viruses, trojans, or other malicious       programs, or hacker attacks;

9.2.2   Failure of the user's or LAVA+'s computer software, systems,         hardware, or communication lines;

9.2.3   Improper operation by the user;

9.2.4   Use of this service through non-LAVA+ authorized methods.

 

9.3   Users understand and agree that during the use of this service, they may       encounter risks arising from online information or other user behavior. LAVA+     does not assume responsibility for the truthfulness, applicability, or legality of     any information, nor is it liable for any damages caused by infringing actions.     These risks include but are not limited to:

9.3.1   Information containing threats, defamation, offensive or illegal content       from anonymous or impersonating others;

9.3.2   Suffering from misleading, deception, or other possible psychological,       physical harm, and economic losses due to the use of this service;

9.3.3   Other risks arising from online information or user behavior.

 

9.4   Users understand and agree that LAVA+ does not provide any express or implied warranties or conditions regarding the commercial applicability or suitability for a specific purpose of the software or product services provided by LAVA+. Users should bear the corresponding risks for their use of this service; any content, information, etc., published by users while using LAVA+ software or products does not reflect or represent the views, positions, or policies of LAVA+ company. Users should judge other users' published content on their own and assume all legal responsibilities for the content causing harm to themselves, others, and society, including but not limited to risks arising from reliance on the accuracy, truthfulness, completeness, or practicality of the content.

9.5 In any case, LAVA+ shall not be liable for any indirect, consequential, punitive, incidental, special, or punitive damages. Unless otherwise stipulated by laws and regulations, the total liability of LAVA+ to users shall be limited to the greater of (i) the fees paid by the user to LAVA+ for using the LAVA+ software or products and enjoying the corresponding services, or (ii) HKD 10,000.

10 Intellectual Property

10.1 The intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, etc., in the software, products, and related services provided by LAVA+, including software, technology, programs, web pages, text, images, graphics, audio, video, song lists, layout designs, electronic documents, icons, hardware products, etc., belong to LAVA+ or are authorized by relevant licensors.

10.2   Without the written consent of LAVA+ or relevant rights holders, users shall not, for any commercial or non-commercial purpose, display, use, transfer or apply for registration of trademarks, domain names, or any other distinctive brand features, including but not limited to the trademarks, trade names, domain names, or other distinctive brand features listed below:

Chinese trademark:
English trademark:
Graphic trademark:

Domain name:   WWW.LAVAMUSIC.COM

 

10.3   The information content published by users while using the software, products,     and related services (including but not limited to personal profiles, documents,     comments, images, photos, product skins, works created in a manner similar to     filmmaking, audio and video recordings, music effects, etc., in the form of text,     images, software, etc.) shall be either original or legally authorized (including     sublicensing).   The intellectual property rights of the information content published by users through LAVA+ belong to the user or the original rights holder, and the user shall be responsible for the published information content.

10.4 LAVA+ respects intellectual property rights and is committed to protecting the rights of users. Users retain full intellectual property rights to the content they publish (including but not limited to personal profiles, documents, comments, images, photos, product skins, works created in a manner similar to filmmaking, audio and video recordings, music effects, etc., whether in the form of text, images, software, or other media).

 

When publishing the aforementioned content, users grant LAVA+ a worldwide, royalty-free, non-exclusive, and sublicensable license to use the content in various ways necessary for the operation, marketing, and promotion of LAVA+ software products and related services. This includes but is not limited to copying, translating, modifying, compiling, adapting, editing, disseminating, publishing, creating derivative works, performing, and displaying the content.

 

The scope of this license covers use in LAVA+ and its sublicensed websites, applications, hardware products, and other related platforms. Additionally, the license includes the right to use the content in any promotion, advertisement, marketing, and/or research related to LAVA+ software, products, and the LAVA+ brand.

 

LAVA+ is not required to pay any fees to the user for the use of the content, regardless of whether LAVA+ derives any benefit from such use, unless otherwise agreed in writing by both parties.

 

10.5 If a user finds content on LAVA+ that infringes their intellectual property rights or legitimate interests, they may file a complaint according to the Rights Statement   and request the removal of the infringing content or the disconnection of the infringing content link. We will verify the complaint and handle it in accordance with the law.

 

11 Breach of Contract

11.1 If LAVA+ discovers or receives reports or complaints from others that a user violates the terms of this agreement (including but not limited to violations of the prohibitions mentioned in Article 6.1, or infringing/illegal activities), LAVA+ has the right to delete or block the relevant content without notice at any time, and impose penalties on the violating account, including but not limited to warnings, restrictions or prohibitions on using part or all functions, and account suspension, depending on the severity of the violation.

 

11.2     LAVA+ has the right to deal with illegal or non-compliant content based on       the above provisions, which does not constitute an obligation or         commitment by LAVA+. LAVA+ cannot guarantee that it will promptly       detect illegal activities or take appropriate action.

 

11.3     LAVA+ has the right to take reasonable measures against any violations of       relevant laws, regulations, or the provisions of this agreement, to take       appropriate legal action against any illegal or non-compliant user, and to       save relevant information and report it to the relevant departments in       accordance with laws and regulations. Users shall bear all legal liabilities       arising therefrom.

11.4 Users understand and agree that if they violate the terms of this agreement or related service terms, resulting in or causing any third-party claims, demands, or losses, users shall be solely responsible. If LAVA+ suffers losses as a result, users shall also compensate for the losses.

 

12 Effectiveness and Termination of the Agreement

12.1     LAVA+ has the right to modify the terms of this agreement when necessary.       Users can view the latest version of the agreement terms on the relevant       service pages.

12.2 After the terms of this agreement change, if you continue to use the software or services provided by LAVA+, you are deemed to have accepted the modified agreement. If you do not accept the modified agreement, you should stop using the software or services provided by LAVA+.

12.3       LAVA+ may change the content of the services, and may also interrupt,       suspend, or terminate the services.

12.4 LAVA+ recommends that users take legal means to save the information content and data they need. If a user's service is terminated, LAVA+ may permanently delete the user's data from the server. After the service is terminated, LAVA+ is not obligated to return data to the user.

13. CHOICE OF LAW AND CONSENT TO JURISDICTION

This Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict of laws principles. For all disputes arising from or in connection with this Agreement, the parties agree to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region, and the dispute will be resolved under Hong Kong law. If you are a consumer in the European Economic Area (EEA), this will not deprive you of any protection you have under the law of the country where you live, and you retain the right to access the courts in that country.

 

 

 

14. OTHER IMPORTANT PROVISIONS

14.1 You shall not use the Service in any manner contrary to local laws of the Hong Kong Special Administrative Region. LAVA+ expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local laws.

 

14.2 Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use within the jurisdiction of the Hong Kong Special Administrative Region.

 

14.3 No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.

 

14.4 These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by LAVA+ without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If you are a consumer located in the EEA or in any region with applicable data protection laws, including those under GDPR, LAVA+ may assign this agreement and any rights and licenses granted under it to a third party. In the event of such an assignment, you are entitled to terminate the agreement with immediate effect by deactivating your account. LAVA+ will provide you with reasonable notice of any such assignment. If LAVA+ assigns this agreement and any rights and licenses granted under it to a third party, LAVA+ shall provide you with reasonable notice and the option to terminate the agreement without penalty.

 

14.5 This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.

 

14.6 Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.

 

14.7 A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

15. CHANGES OR MODIFICATIONS

15.1 We reserve the right to add, delete, change, or modify parts of these Terms at our sole discretion and at any time without notice or liability to you. If we do this, we will post the changes to the Terms on this page and will indicate the effective date of the Terms at the bottom of the page.

 

15.2 We will notify you of significant changes to these Terms via email or by displaying a notice when you log in to the Service. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms. Your continued use of the Service constitutes your acceptance of the new Terms.