Musical.ly Gift Points Policy


The Musical.ly Gift Points Program (the “Program”) is open to all Users (as defined in END USER LICENSE AGREEMENT AND TERMS OF SERVICE at http://musical.ly/term.html (the “EULA”))of Musical.ly (the “Company”) and is subject to the following terms and conditions of this Musical.ly Gift Points Policy (the “GP Policy”). By accessing and using the Company’s service or by becoming a User, you are entering into a legal agreement with Musical.ly to abide by this GP Policy, the EULA and the Privacy Policy at http://musical.ly/privacy.html. If you do not wish to be bound by such policies, please do not register as a User and stop using the mobile software applications made available by the Company (the “App”) now.


The Company may, in its sole discretion and upon notice to you, modify, restrict, change, or otherwise alter the Program, the GP Policy or the Privacy Policy, in whole or in part, impose limits on certain features, promotions or services or restrict your access to part or the entire App. By continuing to access and use the App, you will be evidencing your consent to, agreement with, and understanding of, such modifications, changes or alterations.


  1. Musical.ly Gift Points:


Any User may purchase gift points through the App. All charges and payments for gift points will be made in the currency specified at the point of purchase. Currency exchange settlements and foreign transaction fees, if any, are based on your agreement with your payment method provider. The price for each gift point will be displayed at the point of purchase. You will be responsible for the payment of any gift point purchased by you.


Gift points are the currency of the Program. Gift points are in no way transferable, substitutable for, or convertible into United States dollars, nor into the legal tender or currency of any other nation, state, or political entity. Gift points cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except those designated by the Company.

No gift point may be assigned or transferred to any other User third party except as expressly permitted by the Company in writing. The sale, barter, assignment or other disposal of any gift points, other than by the Company, is expressly prohibited. Accrued gift points do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law. Any gift points assigned, sold, or otherwise transferred without the express written consent of the Company are void. Any User who violates the foregoing restriction is subject to the termination of account with the Company, forfeiture of gift points from his or her account, and/or liability for damages and litigation and transaction costs.


You agree that the Company has the absolute right to manage, regulate, control, modify and/or eliminate such gift points as it sees fit in its sole discretion, in any general or specific case, and that the Company will have no liability to you based on its exercise of such right.


All gift points of a User will expire automatically upon termination of such User’s account for any reason.

  1. Gifts


Gift of the Program constitute a limited license right to certain feature of Musical.ly’s digital product when, as, and if allowed by Musical.ly (“Gifts”). You may exchange gift points purchased by you for Gifts to be used by you for other Users. The price for each Gift will be displayed at the point of exchange. You agree that the Company has the absolute right to manage, regulate, control, modify and/or eliminate such gift points as it sees fit in its sole discretion, in any general or specific case, and that the Company will have no liability to you based on its exercise of such right. Likewise, except as set forth in this Section or as required by applicable law, the Company is not responsible for repairing or replacing your Gifts, or providing you with any credit or refund or any other sum, in the event of: (i) the Company’s modification, suspension or termination of any Gifts; or (ii) for loss or damage due to Service error, or any other reason. The Company reserves the right to terminate Gifts for cause immediately at its sole discretion without advance notice or liability. In such event you will not be entitled to a pro-rata refund or credit.


All sales of Gifts are final and the Company does not offer refunds for any purchased Gifts.

Gifts purchased or received by any User do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.


The Company may redistribute previously purchased copies of Gifts, if, in the Company’s sole determination, a purchaser or recipient of such Gift received a corrupted or otherwise damaged item. The Company will not charge a User a fee for a re-download. If a Gift you have purchased is corrupted or otherwise damaged, then please send an email explaining the problem and the circumstances under which such problem arose to legal@musical.ly. The Company may terminate, in its sole and absolute discretion, the account of any User that is deemed to be abusing this provision.


  1. Cash Redemption Policies


Any User with gift points can redeem such gift points anytime, provided that each User may redeem no more than $600 in any calendar day/week with the minimum amount being $100 for each request. The rate of redemption will be displayed at the point of redemption. You agree that the Company has the absolute right to manage, regulate, control, modify and/or eliminate such redemption feature as it sees fit in its sole discretion, in any general or specific case, and that the Company will have no liability to you based on its exercise of such right. The cash redemption feature is restricted to Users only and Users must be logged in with their official email address and password to redeem their gift points.


The cash payment will be made directly to the User’s PayPal account that is associated with the same email as your Musical.ly account. Your first and last name needs to be an exact match to your PayPal account information and your PayPal account needs to be verified. Under no circumstances will a payment ever be sent to a PayPal account with another email address, a different first and last name than what appears on your Musical.ly account, and an account that has not been verified with PayPal.


The Company reserves the right to verify your identity (by requesting photocopy of your driver’s license or state ID card, or other proof as we may require) and eligibility qualifications to the Company’s complete satisfaction prior to the payment.


All redemption requests will be fulfilled as soon as administratively practical, generally in approximately fifteen (15) days from submission of the request (or the receipt of verifications of identity or eligibility qualifications, if applicable).


Any redemption request to be fulfilled to Users under the age of 18 may be, at the sole discretion of the Company, fulfilled in the name of the User’s parent or legal guardian. The Company does not guarantee fulfillment within the estimated time and is not liable for any failure to fulfill a redemption request within the estimated time.


  1. No Refund Upon Termination


You may cancel your account at any time and the Company may terminate your account for any reason at its discretion. All the gift points or Gifts in your account will be forfeited immediately upon the cancellation or termination of your account. There will be no refunds for any unused gift points, any Gifts or any prepaid fees for any portion of the Service. Outstanding but unused gift point balances may be subject to state unclaimed property laws.


  1. Notice


The Company reserves the right to set, modify, and adjust the gift points to cash exchange rate at any time, and without prior notice to you. By submitting a redemption request, you acknowledge your agreement to the GP Policy as well as the Company’s End User License Agreement and Terms of Service.


  1. Limits of Liability:


The Company has no responsibility whatsoever for injuries, losses, or damages of any kind that result from acceptance, possession, or use of any gift points or Gifts of the Program or their cash value. The Company is not responsible for lost, stolen or misdirected prizes or merchandise sent to another User.


THE COMPANY IS NOT RESPONSIBLE FOR LOST OR STOLEN USER NAMES AND PASSWORDS, OR ANY LOST OR STOLEN GIFT POINTS OR THEIR EQUIVALENT CASH VALUES. THE COMPANY IS UNDER NO OBLIGATION TO CREDIT AN ACCOUNT WITH GIFT POINTS THAT MAY HAVE BEEN LOST OR FORFEITED DUE TO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, SOFTWARE MALFUNCTIONS, RE-REGISTRATION, BREACH OF SECURITY, FRAUD OR INADVERTENT ENTRY INTO YOUR ACCOUNT. THE COMPANY’S DECISIONS ON ALL MATTERS RELATING TO YOUR ACCOUNT SHALL BE FINAL AND BINDING IN ALL RESPECTS.


THE COMPANY IS NOT RESPONSIBLE FOR CHANGES TO, OR DISCONTINUANCE OF THE PROGRAM, OR FOR ANY EFFECT ON OR DEVALUATION OF REWARDS CAUSED BY SUCH CHANGE, DISCONTINUANCE, OR WITHDRAWAL.


  1. User Responsibilities:


All Users are solely responsible for the reporting and payment of any tax liabilities incurred in connection with the Program, including but not limited to any tax obligations arising from the receipt of any Gifts or cash redemption of any gift points pursuant to this GP Policy. If any gift points or Gifts are subject to sales tax in any jurisdiction and you have not paid the applicable sales tax to the Company, then you will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority.