These DSongboon Terms and Conditions of Use (these “Terms and Conditions“) set forth the terms and conditions for the use of any and all products and services (collectively, the “Services”) provided by Angel Time Company Limited (“Angel Time“) to users of the Services (the “User“ or “Users“, depending upon the context).

 

1. Definitions

 

The following words and terms shall have the meanings set forth below when they are used in these Terms and Conditions.

1.1.“Contents” means information such as text, sounds, music, images, videos, software, programs, computer code, and other information. 

1.2.“Subject Contents” means Contents that may be accessed through the Services. 

1.3.“Submitted Contents” means Contents that Users have submitted, transmitted or uploaded on or to the Services. 

1.4.“Separate Terms and Conditions” means terms and conditions separate from these Terms and Conditions that pertain to the Services released or uploaded on this application under names such as “terms,” “guidelines,” “policies,” or the like.

 

2. Agreement to these Terms and Conditions

 

2.1.All Users shall use the Services in accordance with these Terms and Conditions. Users may not use the Services unless they agree to these Terms and Conditions. 

2.2.Users who are minors may only use the Services by obtaining prior consent from their parents or legal guardians. Furthermore, if Users will be using the Services on behalf of, or for the purposes of, a business enterprise, then such business enterprise must also agree to these Terms and Conditions prior to using the Services. 

2.3.If there are Separate Terms and Conditions applicable to the Services, Users shall also comply with such Separate Terms and Conditions as well as these Terms and Conditions in using the Services.

 

3. Modification to these Terms and Conditions

 

Angel Time will indicate the contents of the modified version of these Terms and Conditions, as well as the effective date of the modification, on the Services or on DSongboon’s website, or will publicize the same to Users by notifying Users in the manner prescribed by Angel Time.

The modified version of these Terms and Conditions shall become effective as of the effective date thereof.

 

4. Account

 

4.1.When using the Services, Users may need to set up an account by registering certain information. Users must register true, accurate and complete information, and must revise the same to keep such information up-to-date at all times.

4.2.If Users register any authentication information when using the Services, they must exercise due care in handling such information at their own responsibility to ensure that such information is not used in an unlawful manner. Angel Time may treat any and all activities conducted under the authentication information as activities that have been conducted by the User with whom the authentication information is registered.

4.3.Any User who has registered for the Services may delete such User’s account and cancel the Services at any time.

4.4.Angel Time reserves the right to delete any account that has been inactive for a period of one (1) year or more since its last activation, without any prior notice to the applicable User.

4.5.Any and all rights of a User to use the Service shall cease to exist when such User’s account has been deleted for any reason. Please take note that an account cannot be retrieved even if a User has accidentally deleted their account.

4.6.Each account in the Services is for exclusive use and belongs solely to the User of such account. Users may not transfer, lease or otherwise dispose their rights to use the Service to any third party, nor may the same be inherited or succeeded to by any third party.

 

5. Privacy

 

5.1.Angel Time places top priority on the privacy of its Users.

5.2.Angel Time will appropriately handle privacy information and personal information of Users in accordance with the Angel Time Privacy Policy.

5.3.Angel Time promises to exercise the utmost care and attention to its security measures to ensure the safe management of any and all information collected from Users.

 

6. Provision of the Service

 

6.1.Users shall supply PCs, mobile phone devices, smartphones and other communication devices, operating systems, communication methods and electricity, etc. necessary for using the Services at their own responsibility and expense.

6.2.Angel Time reserves the right to limit access to all or part of the Services by Users depending upon conditions that Angel Time considers necessary, such as the age and identification of User, current registration status, and the like.

6.3.Angel TIme reserves the right to modify all or part of the Services as Angel Time determines necessary anytime without any prior notice to Users.

6.4.Angel Time may cease providing all or part of the Services without any prior notice to Users in case of the occurrence of any of the following:

(1)When conducting maintenance or repair of systems;

(2)When the Services cannot be provided due to force majeure such as an accident (fire, power outage, etc.), act of God, war, riot, labor dispute;

(3)When there is system failure or heavy load on the system;

(4)When securing the safety of Users or third parties, or in the case of an emergency for the public welfare; or

(5)When Angel Time reasonably determines it to be necessary, other than those set forth in items (1) through (4).

 

7. Advertisements

 

7.1.Angel Time reserves the right to post advertisements for Angel Time and DSongboon or a third party on the Services.

7.2.Angel Time cannot guarantee that advertisements (if any) on this application and website are accurate, complete and free from error of any kind. Angel Time is solely a medium for broadcasting advertising information and not an agent, partner or has any legal relationship with the owner of the advertisements that appear on the Services. Angel Time shall not inspect or know the source and/or details of all advertisements published. If such advertisements presented cause loss or damage to Users, Angel Time disclaims all liability and legal obligations.

 

8. Third-Party Services and Websites

 

8.1.The Services may contain services or Contents provided by third parties. Such third parties shall bear any and all responsibility regarding such services and/or Contents. Furthermore, there may be terms or use or other terms and conditions provided by such third party which are applicable to such services and Contents.

8.2.Links to third-party websites are entirely for the convenience of Users. Websites linked hereby do not imply that they are sponsored, under control or under the responsibility of Angel Time. Angel Time cannot guarantee the accuracy, credibility or safety of websites linked and shall not be liable for any damages suffered by Users from the use of or linking to such websites. Users are recommended to consult the terms and conditions of use of the third-party website. 

 

9. Contents

 

9.1.Angel Time grants Users a non-transferable, non-sublicensable, non-exclusive license to use the Subject Contents solely for the purpose of using the Services without limiting the number of Users.

9.2.Users shall abide by the conditions applicable thereto when using the Subject Contents which are subject to conditions of use. Angel Time shall remain the owner of all intellectual property rights as well as all other rights in the Subject Contents offered to Users by Angel Time, and such rights shall not be transferred to Users. Users will only be granted usage rights as set forth above.

9.3.Users shall not use the Subject Contents beyond the scope of the intended use of the Subject Contents in the Services (including, without limitation, acts of copying, transmitting, reproducing, and modifying).

9.4.If Users wish to back up all or part of the Submitted Contents, they will need to do so themselves. Angel Time will not undertake the obligation of backing up any of the Submitted Contents.

9.5.The Services may include functions where multiple Users may edit Contents (post, correct, and delete, etc.). In such case, a User who posted his/her Submitted Contents shall grant other Users the right to edit such Submitted Contents.

9.6.Users shall retain their rights to their Submitted Contents, and Angel Time shall not acquire any such rights; provided, however, that, among the Submitted Contents, for those made available to other Users generally, the User who posted such Submitted Contents shall be deemed to have been granted various rights from Angel Time to use such Contents for services and/or communication purposes.

9.7.Angel Time may check and confirm the contents of the Submitted Contents by Users to the extent permissible under laws and regulations, when it is necessary for Angel Time to confirm compliance with related laws and regulations or the provisions set out in these Terms and Conditions, etc.; provided, however, that Angel Time is not obligated to conduct such confirmation.

9.8.If Angel Time believes that a User has violated or may violate any applicable laws or regulations or the provisions of these Terms and Conditions in relation to the Submitted Contents, or when otherwise reasonably necessary for Angel Time’s business, then Angel Time reserves the right to preclude such User's use of the Services in certain manners, such as deleting the Submitted Contents without providing prior notice to the User.

 

10. Restricted Matters

 

Angel Time prohibits Users from engaging in any of the following acts when using the Services:

10.1.Acts that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding;

10.2.Acts that may be in violation of public order, morals or customs;

10.3.Acts that infringe intellectual property rights, such as copyrights, trademarks and patent rights, rights to fame, privacy, and all other rights granted by law or by a contract with Angel Time and/or a third party;

10.4.Acts of posting or transmitting excessively violent or explicit sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content and lead to the discomfort of others;

10.5.Acts that lead to the misrepresentation of Angel Time and/or a third party or that intentionally spread false information;

10.6.Acts of sending the same or similar messages to a large, indefinite number of Users (except for those approved by Angel Time), indiscriminately adding other Users as friends or to group chats, or any other acts deemed by Angel Time to constitute spamming;

10.7.Acts of exchanging the right to use the Services or Contents into cash, property or other economic benefits, other than by using the method prescribed by Angel Time;

10.8.Acts of using the Services for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by Angel Time); using the Services for the purpose of sexual conduct or obscene acts; using the Services for the purpose of meeting or engaging in sexual encounters with an unknown third party; using the Services for the purpose of harassment or libelous attacks against other Users; or otherwise using the Services for purposes other than as intended by the Services;

10.9.Acts that benefit or involve collaboration with anti-social groups;

10.10.Acts of unauthorized or improper collection, disclosure, or provision of any other person's personal information, registered information, user history, or the like;

10.11.Acts of interfering with the servers and/or network systems of the Services; fraudulently manipulating the Services by means of bots, cheat tools, or other technical measures; deliberately using defects of the Services; making unreasonable inquires and/or undue claims such as repeatedly asking the same questions beyond what is necessary, and other acts of interfering with or hindering Angel Time’s operation of the Services or other Users’ use of the Services;

10.12.Acts that aid or encourage any acts stated in Clauses 10.1 to 10.11 above; and

10.13.Acts other than those set forth in Clauses 10.1 to 10.12 that Angel Time reasonably deems to be inappropriate.

 

11. User Responsibility

 

11.1.User expression in posting messages, announcements, solicitations, and transactions In this application is legally binding in the case that the User cannot deny the act or the result of the action occurred.

11.2.Users shall use the Services at their own risk, and shall bear any and all responsibilities for actions carried out under and the results from the use of the Services.

11.3.Angel Time may suspend the use of all or part of the Services, suspend or delete accounts, cancel any agreement between a User and Angel Time with respect to the Services (including, without limitation, any agreement based on these Terms and Conditions, hereinafter the same) or take any other measure Angel Time reasonably determines to be necessary and appropriate without prior notice to such User in the case that such User falls under or there is a possibility that such User falls under any of the following items:

(1)A User is in breach of applicable laws and regulations, these Terms and Conditions, or any Separate Terms and Conditions;

(2)A User is a member of an anti-social group or a related party thereof;

(3)A User tarnishes Angel Time’s credibility by spreading false information, using fraudulent means or force, or other unlawful means; or

(4)The relationship of trust with a User is lost or Angel Time otherwise reasonably determines that it would not be appropriate for Angel Time to provide the Services to User, due to reasons other than as set forth in items (1) to (3) above.

11.4.In the case where Angel Time suffers loss/damages either directly or indirectly (including, without limitation, attorney fees) due to a User’s use of the Services (including, without limitation, cases where Angel Time receives a complaint from a third party due to such use), the User shall immediately compensate Angel Time for such loss/damage in accordance with Angel Time’s request.

 

12. NO WARRANTY

 

ANGEL TIME SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICES (INCLUDING THE SUBJECT CONTENTS), THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. ANGEL TIME WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING USERS WITH THE SERVICES AFTER DELETING SUCH DEFECTS. 

 

13. ANGEL TIME’s LIMITATION OF LIABILITY

 

ANGEL TIME WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY USERS FROM THE USE OF THE SERVICES, UNLESS SUCH DAMAGE IS ATTRIBUTABLE TO THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF ANGEL TIME.

 

14. Notification and Contact

 

14.1.For notifications to Users regarding the Services, Angel Time will use a method that Angel Time considers appropriate, such as posting in an appropriate place within the Services or on DSongboon’s or Angel Time’s website.

14.2.For notifications from Users to Angel Time regarding the Services, Users shall use the customer inquiry form available on the Services or on DSongboon’s or Angel Time’s website, or through other means designated by Angel Time.

 

15. Governing Law and Jurisdiction

 

These Terms and Conditions will be governed by the laws of Thailand. 

 

Date of last update: January 5, 2022