Song Day
Terms of Service
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN ANY GAME.
THE APP, THE GAMES, AND ANY GAMES CONTAINED HEREIN ARE NOT SPONSORED BY, ENDORSED OR AFFILIATED IN ANY WAY WITH GOOGLE, INC.
Welcome to the Song Day app. Shape Keeper Co., LTD provide online and mobile gaming services to authorized users (“Company Services”) subject to the following terms and conditions contained herein, including all Official Rules of the Games played by you (the “Terms”).
By using the Song Day App, you agree to these Terms. Please read them carefully.
By accessing or using the App, or by creating an Account, you acknowledge your agreement to be bound by these Terms. If you do not agree to be bound by these Terms, please do not use this App or play any Games contained herein. Shape Keeper Co., LTD reserves the right to update or modify these Terms at any time, and without prior notice to you. Your use of the App following such modification or update constitutes your acceptance to be bound by these Terms as changed or modified. Shape Keeper Co., LTD encourages you to read through and review these Terms each time you access the App and utilize the Company Services.
1. Privacy
Please review our Privacy Notice, which also governs your use of the App and Company Services, to understand our practices.
2. Age Restriction
You must be four (4) years of age or older to use the Company Services. The Company Services are available to legal residents of the United States and who are at least four (4) years old and the age of majority in his or her jurisdiction of residence and have an Internet connection or mobile phone.
3. Other Restrictions
In order to participate in the Company Services offered by Shape Keeper Co., LTD, you may not be listed on any United States Government list of prohibited or restricted parties. You also must be able to represent and warrant that you are not subject to backup withholding tax because you are exempt from backup withholding or because you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of failure to report all interest or dividends, or because the IRS has notified you that you are no longer subject to backup withholding. Shape Keeper Co., LTD is required by law to report all prizes paid out and will provide a 1099 Misc. at the end of the year to you detailing what prizes were awarded to you to the IRS.
4. License to Use
Subject to your compliance with these Terms, Shape Keeper Co., LTD grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the App and Company Services. This license does not include any downloading, copying, or other use of information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Song Day or its licensors, suppliers, publishers, rights-holders, or other content/services providers. You may not misuse the App or Company Services and may use the App and Company Services only as permitted by law. The licenses granted by Shape Keeper Co., LTD terminate if you do not comply with these Terms.
5. Limited Offering of Services
Neither the availability of the App to download, nor the availability of Company Services shall be construed as an offer or invitation by Shape Keeper Co., LTD to use download the App or use the Company Services if you reside in a country or jurisdiction in which such use is forbidden by law the country or jurisdiction is one in which Shape Keeper Co., LTD, in its sole discretion, elects not to offer the Company Services. You are solely responsible for determining whether your use of Company Services is legal in the country/jurisdiction in which you reside and/or in any country/jurisdiction in which you log-on to use Company Services. Shape Keeper Co., LTD shall not be responsible for any illegal or unauthorized use of Company Services.
6. Creating an Account
In order to access the App and use the Company Services, you are required to create and be logged in to the account (“Account”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your Account, and you agree to accept responsibility for all activities that occur under your Account or password. Song Day reserves the right to refuse service, terminate accounts, terminate your rights to use Company Services, remove or edit content, or cancel Tokens and Coins in its sole discretion. You agree that any termination of your Account and/or your right to use the Company Services may be effected without prior notice, and acknowledge and agree that Shape Keeper Co., LTD may immediately deactivate or delete your Account and all related information and files related to your Account and or bar any further access. Further, you agree that Shape Keeper Co., LTD shall not be liable to you or any third-party for any termination of your right to use or otherwise access your Account or use the Company Services.
7. Prohibited Conduct
You shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Company Services or App (including all content contained therein); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Company Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the App or Company Services, or which, as determined by us, may harm Shape Keeper Co., LTD or users of our App or Company Services; (iv) use the Company Services in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the Company Services, including their ability to engage in real time activities through the Company Services; (v) use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the App; (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Company Services, the servers on which the Shape Keeper Co., LTD’s data is stored, or any server, computer or database used to provide our Company Services; (vii) engage in any fraudulent activity or engage in any activity that facilitates fraud; or (viii) otherwise attempt to interfere with the proper working of the Company Services.
8. Song Day Content:
Shape Keeper Co., LTD and/or its licensors retain all rights to all data and information on its App and Company Services, including text, graphics, images, designs, articles, business processes, and any other form of content (collectively referred to as “Content”). Users shall have only those rights in and to the Content that are expressly granted to it pursuant to these Terms, and are otherwise reserved. Reproducing, copying or distributing any Content for any other purpose is strictly prohibited without the express prior written permission of Shape Keeper Co., LTD The Company Services may enable a user to link to websites, and access to content, products or services of third parties. Shape Keeper Co., LTD is not responsible for any third-party websites, or third-party content provided on or through the App or Company Services. You bear all risks associated with the access and use of such websites and third-party content, products and services. You access third party content at your own risk.
9. Your Feedback
Shape Keeper Co., LTD welcomes feedback, comments and suggestions for improvements to our App or Company Services (“Feedback”). Any Feedback you submit will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant Shape Keeper Co., LTD a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
10. Trademarks
All of the trademarks, service marks, and logos displayed on App (the “Trademarks”) are registered and unregistered trademarks of the Sponsor its affiliates, or third parties. Nothing in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the Sponsor’s express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
11. Copyrights
The Sponsor respects the intellectual property rights of others, and asks that all Players do the same. As such, the infringement of others’ intellectual property rights will not be tolerated and may result in the termination of the infringing party’s account. Please note that the Sponsor can only address infringing materials posted on the App that have been reported to us, and cannot be responsible if any User Generated Content is repurposed or otherwise copied from the App and used in other mediums prior to the Sponsor removing such infringing content. If a Player believes that his or her work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, he or she will need to provide the following information to the Sponsor’s agent:
(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
(b) a description of the copyrighted work that he/she claims has been infringed;
(c) a description of where the material he/she claims is infringing is located on the App;
(d) the Player’s address, telephone number, and email address;
(e) a statement that he/she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement made by the Player, under the penalty of perjury, that the above information in his/her notice is accurate and that he/she is the copyright owner or duly authorized to act on the copyright owner’s behalf
12. Official Rules
(a) Sponsor: The Sponsor of this App and all Games played on it is SHAPE KEEPER CO., LIMITED. a Hong Kong corporation (“Sponsor”), located at Unit D, 16/F, One Capital Place, 18 Luard Road, Wan Chai, Hong Kong, whose decisions are final and binding as to all aspects of the Games. Any inquiries regarding this Games are to be directed to Sponsor.
(b) Games: Sponsor offers various games as part of the Company Services, including the following: (1)Naming the Musics; (2)Treasure Chest;
(c) Eligibility: The Games are open to: (1) persons who are legal residents of United States; (2) are at least four (4) years of age, or the age of legal majority to enter into contracts or participate in games in the jurisdiction in which they reside at the time of entry; and (3) are valid and authorized account holders of a Song Day Account (“Eligible Person”). An Eligible Person’s entry into the Games will be deemed to be a representation that the Eligible Person meets all of the eligibility requirements. Officers, directors, managers, and employees of Sponsor, and their respective parent companies, subsidiaries, affiliates, suppliers, advertising and promotional agencies, and immediate family members (herein defined as spouse, siblings, children and each of their respective spouses, regardless of residence, and any person living in such a person’s household, whether related or not), are not eligible to participate.
(d) Participating in a Song Day Game: The Song Day app offers Eligible Persons a unique opportunity to enter into a participate in the Game. Upon entering into a particular Game, the Eligible Person becomes a Player of the Game.
(e) Tokens and Coins: By playing in Song Day Games, Eligible Persons have an opportunity to win virtual tokens and coins (“Tokens” and “Coins”), which can be used to, in Song Day’s sole discretion, exchange with other virtual digital goods, including discounts, offers, gift cards or other sevices. Tokens and Coins are not real money, and do not have monetary value. Shape Keeper Co., LTD make no guarantee as to the nature, quality or value of the features of any third-party good or services that will be accessible through the use of Tokens and Coins, or the availability or supply of Tokens and Coins. Tokens and Coins obtained via Games are provided to you under a limited, personal, revocable, non-transferable, non-sub-licensable license solely to use within the App. Tokens and Coins may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. Prizes may be subject to a separate third-party license or agreement. You have no property interest, right or title in or to any such Tokens and Coins. Any Tokens and Coins balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Shape Keeper Co., LTD may, at any time, expire free or promotional Tokens and Coins given to you. You agree that under no circumstances is Shape Keeper Co., LTD liable to you for any damages or claims that may arise from the loss or use of your Tokens and Coins regardless of the circumstances. You absolve us of any responsibility to maintain or update your Tokens and Coins account. However, if there is a loss of Tokens and Coins in your account due to technical or operational problems with the Services, Shape Keeper Co., LTD will replace the lost Tokens and Coins once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to replacement of the Tokens and Coins lost.
(f) Redeeming Coins: Shape Keeper Co., LTD will, in our sole discretion, determine and communicate the availability and exchange rate for any Coins, which may be modified at any time. You must comply with any individual limitations as indicated via the App to redeem for a Redeemed Good. You may choose a Redeemed Good that is still available for which you have accumulated sufficient Coins for redemption. Select the Redeemed Good and follow and instructions to complete the exchange process. As part of the exchange process, you may receive a confirmation email or message from us and/or our designee or partner. Emails or messages will be sent to the email address or other contact information assigned to your account. All acquisitions of Coins and exchanges for Redeemed Goods are final. Once Coins have been lost or spent, they will be subtracted from your account and cannot be refunded or returned, except in our sole discretion. No Coins will be re-credited to your account in the event of a return or exchange of a Redeemed Good, or any problem with any Redeemed Good.
(g) User Account: If a player doesn’t play a Game for ninety (90) consecutive days, we reserve the right, in sole discretion, to suspend, deactivate or delete his/her account without prior notice or compensation to the user.
13. Naming the Musics
(a) Listening to the music clips, and selecting the correct name of the music from the choices list. Within five (5) seconds, players still have chance to change the answer, with the correct answer selected, coins will be rewarded to players.
(b)Rewards and Probabilities: The odds of winning a Prize and a description of each Prize is as follows:
|
Passed Levels |
Rewards |
|
0-20 |
|
|
21-400 |
|
|
401-3000 |
|
Meanwhile, the icons of currency of relevant rewards within the game
Coins: 
14. Treasure Chest
(a)A treasure chest will be triggered within every five (5) continuously winning, and players can open the chests by watching ads. The treasure chests will include various rewards.
(b)Rewards and Probabilities: The odds of winning a Prize and a description of each Prize is as follows:
|
Opened Chests |
Coin Rewards |
|
|
|
Minimum |
Maximum |
|
0 |
|
|
|
1 |
|
|
|
2 |
|
|
|
3-20 |
|
|
|
21~40 |
|
|
|
41~60 |
|
|
|
61~80 |
|
|
|
81~600 |
|
|
Meanwhile, the icons of currency of relevant rewards within the game
Coins:
15. Release of Liability
In consideration of being permitted to access and use the Services, you hereby agree to release Shape Keeper Co., LTD and its affiliates and subsidiaries, and their officers, directors, employees and agents from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including Organizers, Players, and other Users) in connection with the Services or your access and use of the Services. In connection with the foregoing release, you hereby waive California Civil Code 1542 and any other applicable law or statute, which says, in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
16. Limitation of Liability and Damages
(a) The following is applicable for Users in the USA and rest of the world (outside the European Union):
(i) To the fullest extent permitted by applicable law: (i) in no event shall Shape Keeper Co., LTD be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Company Services, the Content, the App, or any other materials including without limitation any damages caused by or resulting from reliance on any information obtained from Shape Keeper Co., LTD; and (ii) in no event shall the aggregate liability of Shape Keeper Co., LTD, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Services exceed the amount paid to Shape Keeper Co., LTD by you, if any, for accessing the Services during twelve (12) months immediately preceding the date of the claim or one hundred dollars ($100), whichever is greater.
(ii) These limitations of liability also apply with respect to damages incurred by you by reason of any services provided by third parties other than Shape Keeper Co., LTD
(iii) You acknowledge and agree that Shape Keeper Co., LTD has offered the Company Services and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Shape Keeper Co., LTD, and that Shape Keeper Co., LTD would and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Shape Keeper Co., LTD
(b) The following is applicable to Users in the European Union: Neither Shape Keeper Co., LTD and its affiliates and partners in all cases, nor you, will be responsible for: (i) losses that were not caused by any breach on their or your part; (ii) any indirect or consequential losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable by both you and us when these terms of service were agreed or updated as applicable. You are not granted any rights under this section.
17. Indemnification
Each Player agrees to indemnify, defend and hold harmless the Sponsor, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the “The Protected Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (a) provision of Unsolicited Information or User Generated Content by him/her, or (b) his/her use of the App; and/or (c) his/her breach of the terms of these Official Rules (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) or a breach by any other person accessing the App using his/her account.
18. Contact us
Visiting our official page: shapekeeper.net
If you have any questions in regards to this agreement, you might contact us at our support channel: LuckySong@shapekeeper.net