LIVEME TERMS OF SERVICE
Last Updated:Nov 5, 2020
1. General Terms & Conditions
A. Changes to These Terms. We may change these Terms at any time, and if we do, we will make our best efforts to notify you beforehand, despite this may not always be possible. If we should revise these Terms, your continued use of the Service after such revision will be deemed as your agreement to such revised Terms. If you do not agree to any of these Terms, please delete your account immediately, which shall terminate these Terms accordingly.
C. User Eligibility. The Service is restricted for any person under the age of 18 or for any users previously removed or banned from the Service by us, whether as a guest user or a registered user. By using the Service, you state that: (i) you are eligible to legally enter a binding contract with LiveMe; (ii) you are not a person barred from receiving the Service under the laws of the United States, the United Kingdom, or any other applicable jurisdiction; (iii) you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Service on behalf of a business or other entity, you state that you are authorized to grant all licences set out in these Terms and to agree to these Terms on behalf of the business or entity.
IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, AS REQUIRED BY LAW, YOU ARE PROHIBITED FROM USING THE SERVICE, AND MUST TERMINATE YOUR ACCOUNT AND DELETE THE APP IMMEDIATELY IF ALREADY INSTALLED.
2. LiveMe User Accounts.
A. Account Creation. In order to access the full benefits of the Service, you will have to create a LiveMe account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account, including but not limited to safeguarding your password and/or credentials used to access the Service, as well as any activities that occur through your use of such password and credentials. You are responsible for the secure use of your account. 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, please notify the Company immediately at: firstname.lastname@example.org.
B. Terms of Service; Users. All users of the Service who view and/or transmit User Content (defined below) are referred to herein collectively as “Users.”
C. Content Publicity. The Service enables Users to create, transmit, and view live-streaming audiovisual content (the “Broadcast Content”). Meanwhile all User activities in the Service, including the broadcasting of and commenting on any Broadcast Content, are publicly available. Hence User discretion is recommended as the User is solely responsible for its activities within the Service.
D. Guest Mode. We provide guest mode where users may enter into LiveMe website or app without creating a LiveMe account (“Guest Mode”). Under Guest Mode, certain features and functions may be restricted, including without limitation, broadcast, comment and cash-out.
3. User Content
A. Definitions. As used in these Terms, “User Content” means any content that Users upload, post, or transmit (collectively, “Post”) to or through the Service, including but not limited to, any Broadcast Content, comments text, photographs and sound recordings, excluding any and all “Company Content,” which is defined as content that the Company provides to Users in or via the Service, including without limitation, any text, graphics, photos, software, and interactive features.
B. No User Content Screening. Users have the ability to Post User Content to, or transmit through the Service. While we endeavor for all User Content to comply with our Community Guidelines (available for viewing on the App), we do not pre-screen any User Content submitted or publicly Posted by any User. We do however have the right, to delete, disallow, or temporarily block any User Content that (i) we consider to be in violation of these Terms, our Community Guidelines, or any applicable laws and regulations, or (ii) in response to any complaint(s) from other Users, with or without notice. The Company does not guarantee the accuracy, integrity, truthfulness, appropriateness or quality of any User Content, and any use or reliance by you on any User Content is at your own risk and Company shall not be held liable for such User Content under any circumstance.
B. User Content Ownership; License. You are the owner and retain the rights to the User Content posted and displayed in and through the Service by you, but you grant us a worldwide, assignable, sublicensable, royalty-free licence to reproduce, distribute, publicly display, transmit, communicate to the public, make available, create derivative works from, and otherwise exploit and 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 the Company and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by these Terms. If you terminate your account or remove any of your User Content from the Service after it has been Posted, your licence grant with respect to your User Content is perpetual and irrevocable. You further grant us and our affiliates and business partners an unrestricted, worldwide, royalty-free licence and right to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. You must not post any User Content in or through the Service or transmit to us any User Content that you consider to be confidential or proprietary. Any User Content posted by you to or through the Service or otherwise transmitted to us will be considered non-confidential and non-proprietary, and treated as such by us, and may be used by the Company in accordance with these Terms without notice to you and without any liability to the Company. For the avoidance of doubt, the rights granted of this Section include, but not limited to, the right to reproduce your User Content on a royalty-free basis. This means that you are granting the Company the right to use your User Content without the obligation to pay royalties to you or any third party involved in the creation of your User Content.
C. Advertisements. The Service may also contain advertisements. Upon accessing and using the Service, you agree that we, our affiliates, and our third-party partners may place advertising in the Service, including personalized advertising based upon the information you provide, or we collect or obtain from you. Because the Service contains content that you and other Users provide us, advertising may sometimes appears near, between, over, or in your User Content.
D. User Content Restrictions. By Posting User Content to the Service, you must abide by the following restrictions: (i) you must own the User Content Posted by you in or through the Service or otherwise have the right to grant the licence set forth in these Terms; (ii) the Posting and Use of your User Content in or through the Service must not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity; (iii) the Posting of your User Content in the Service must not require us to obtain any further licences from any third party 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 must not result in a breach of contract between you and a third party, nor will it be in violation of any applicable law or regulations.
E. Waiver of Rights to Inspect or Review 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.
F. User Comments. If you submit or post your User Content on or through the Service, such content may be distributed, viewed, accessed and commented by other Users and we will not be held liable for any unauthorized use of User Content or comment thereon by any User, under any circumstance.
G. Prohibited Content. You are prohibited from Posting any User Content to the Service considered to be “Prohibited Content” as determined solely by us, which includes without limitation:
1.Sexually Explicit Material (i.e. pornographic or erotic content, including icons, titles, or descriptions). We have a zero-tolerance policy against child sexual abuse imagery. If we become aware of any User Content containing any child sexual abuse imagery, we will report it to the appropriate authorities immediately and delete the submitting User Accounts; and
2. Violence and Bullying (i.e. User Content may not contain materials that threaten, harass or bully other Users or third parties, including depictions of violence, gratuitous or otherwise, to any person place or property, or inciting violence, including suicide); and
3. Hate Speech (i.e. User Content may not promote bigotry, discrimination, hatred, intolerance, racism, or target against any person or groups of persons based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity); and
K. Sensitive Events (i.e. User Content which may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic events are not permitted); and
L. Unlawful Activity (i.e. use of the Service for any illegal or unlawful purpose, including without limitation, stalking and sexually exploiting any User); and
M. IP Infringement (i.e. User Content which infringes upon any third party’s rights, including copyright, trademark, privacy and publicity rights).
5. Copyright Infringement
We strictly abide by Copyright Law, and we expect our Users to do the same. We therefore take precautions to expeditiously remove from our Service any infringing material that we become aware of. Furthermore, if we become aware that a User has repeatedly infringed copyrights, we will take action to terminate the User’s account.
If you believe that anything in the Service infringes a copyright that you own or are entitled to, you can report the suspected infringement by filing a notice with our designated Copyright Agent at:
Attn: Copyright Agent
If you file a notice with our Copyright Agent, it must:
6. General Use of the Service
A. Our Service is constantly evolving and improving, which means that we may add or remove features, products, or functions, and we may also permanently or temporarily suspend or stop providing the Service or any features within the Service altogether, at any time. While we will take action to notify you before the above incident occurs, despite it might not always be possible.
B. By using the Service, you agree that:
1. You will not distribute in any medium any part of the Service or the Company Content without our prior written authorization, unless we make available the means for such distribution through functionality offered by the Service and providing a public statement authorizing you to do so;
2. You will not alter or modify any part of the Service; and
3. You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorized to access; and
4. You will not use the Service for any of the following commercial uses unless you obtain our prior written approval: (a) the sale of or access to the Service; or (b) the sale of advertising, sponsorships, or promotions placed on or within the Service, User Content, or Company Content.
7. Sharing on LiveMe Content Network
B. If you do not contact us to deactivate the Sharing Feature, we deem you understand and agree that:
2. You are voluntarily activating the Sharing Feature and broadcasting on these third-party platforms, and you are solely responsible for all risks that might occur associated with such activity; and
3. The Company, and our affiliates, officers, directors, employees, agents, suppliers and licensorswill not be held liable for any direct or indirect damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible assets, resulted from: (a) your use of the Sharing Feature or inability to use the Sharing Feature; (b) your access to or inability to access the Sharing Feature, or any features contained therein; (c) the conduct or content of other users or third parties on or through such third party platforms; or (d) unauthorized access, use or alteration of your content due to your use of the Sharing Feature.
8. Features of the Service - Virtual Items
A. The Service offers a feature allowing users to purchase (a) virtual currency (non-convertible, no cash value, non-refundable), including but not limited to virtual coins (“Coins”) for use in the Service; or (b) virtual in-Service items (“Gifts”). Any Coins and/or Gifts that are credited to Users within the Service are converted to Virtual “Diamonds” in the receiving User’s User account. Virtual Coins, together with Gifts and Diamonds, are hereafter collectively referred to as “Virtual Items”.The purchase of any Virtual Items must be made lawfully, via legitimate means with actual currency. Any Virtual Items obtained illegally or fraudulently will result in suspension, freezing or termination of User account.Notwithstanding your purchase or possession of such Virtual Items, you do not in fact 'own' the Virtual Items, and the amount of any Virtual Item does not refer to any credit balance of real currency or its equivalent. Rather, the Company grants you a limited licence to use the Service, including software programs that may manifest themselves as these items.
B. While using the Service and Virtual Items, you may send Gifts to other Users, which may result in revenue to such recipient User’s account (the “Transfer”). The Transfer is made solely at your discretion. Once a Transfer is made, it cannot be undone and the Virtual Item cannot be withdrawn or refunded. The Company does not guarantee that the amount or virtual value of the Virtual Items you may give a User will correlate to the revenue such User may receive when they cash out .
C. The purchase of Virtual Items in the Service is deemed completed upon the Company's confirmation of electronic payment from you via iTunes App Store or Google Play Store. Any virtual currency (non-convertible) balance shown in your User Account does not represent or reflect any currency value, but instead represents a measurement to the extent of your ability to use the Virtual Items within the Service. You will not be able to sell Virtual Items in exchange for virtual or real currency credited back to your User Account, nor will you be able to receive a refund of virtual or real currency for Virtual Items upon the suspension or termination of your account.
D. The value of Virtual Items within the Service is determined at the Company’s sole discretion. The Company has the right to adjust the purchase exchange rate between actual currency and Virtual Items (the “Exchange Rate”) at any time in any applicable region, and does not guarantee that the price of Virtual Items or the Exchange Rate be the same in different regions. By your use of the Service, you confirm your understanding of and agree to accept the then-current Exchange Rate of any Virtual Item at the time of your purchase.
E. By using the Service, you agree that your use of any purchased Virtual Items shall be solely for legitimate purposes within the Service, and that such use will comply with all applicable laws and regulations, platform policies and community guidelines at all times.
F. By using the Service and Virtual Items, you confirm your understanding that the Virtual Items are for sale products offered within the Service and should be purchased with actual currency. If you disagree with or do not fully understand our policy, do not purchase or use any Virtual Items in connection with the Service and do not engage in the Service in any way.
G. By your use of the Service and particularly Virtual Items, you confirm your understanding that we may change, modify or update these Terms, or the terms of sale in connection with the Virtual Items from time to time, and that such revised terms will apply to all subsequent purchases of any Virtual Items, and you agree that you have reviewed and agreed to these Terms and any terms regarding the sale of Virtual Items prior to making any purchase.
H. In the event your account balance is incorrect due to system maintenance or other technical failures as determined solely by us, we agree to make all necessary corrections and adjustments with respect to your account balance. If you have any questions, concerns or suggestions regarding purchases and/or payments regarding the Service, you may contact us at email@example.com.
I. User Inactivity. If your account remains inactive for six (6) consecutive months, all of your Virtual Items may be frozen. To unfreeze any such Virtual Items, you must email us at firstname.lastname@example.org and request that we unfreeze your account. Upon receipt of your request and review of your information, we will unfreeze your Virtual items within three (3) business days.
9. Virtual Diamonds – Cash-Out
A. Once the Virtual Diamonds (a kind of Virtual Items) stored in your User Account exceeds certain amount, either by your own purchase or by receiving from other Users may be cashed out for actual currency (each transaction, a “Cash-Out”). The threshold value in Diamonds, and the value of currency received from any Cash-Out will be based on an exchange rate and in a currency form determined by us, based on the geographic location and application version that you are using the Service from, which we may set and change from time to time in our sole discretion. The Cash-Out exchange rate may also change due to the fluctuating value of the Coins, which may occur between the time they were purchased and the time you decide to execute the Cash-Out.
B. You must have an active payment receiving account in order to execute the Cash-Out. Your payment account will be linked to your User Account when you execute the Cash-Out and the payment will be processed within fifteen (15) business days following any Cash-Out request.
C. The amount of any Cash-Out cannot exceed the amount of residual Virtual Diamonds value in your User Account (as determined by the then-determined value of Virtual Items in your account). We have established minimum amounts required for each Cash-Out, as well as maximum amounts you may cash out per day. The amount required may vary based on different geographic locations.
D. We do not charge a withdrawal fee to Cash-Out activities. However, you are solely responsible for any fees that might occur in connection with this transaction, such as transactions fees charged by your banking system or due to applicable law or regulations enforced in the geographic location you reside.
E. Each Cash-Out request will be manually approved by Company staff for security reasons, which may take up to fifteen (15) business days upon receiving the Cash-Out request. Cash-out requests involving suspicious account activities and/or information may be denied. Under some circumstances, the third-party transfer Service provider processing the Cash-Out request may place your Cash-Out funds received on a temporary hold based on minimal transfer amount requirement or no previous transaction history with Company to demonstrate a pattern of positive money exchanges. In the event such a hold occurs, please contact us for details at email@example.com. The company will not be responsible in any way for any financial holds initiated by your electronic transfer Service providers.
F. If your account has no activity or is deactivated for six (6) consecutive months, all of your unused or unredeemed Virtual Items will be reset to zero. For purpose of this section, the term “Inactive” means that, based on our records: (a) you have not logged into your LiveMe account; or (b) we have been unable to reach you to verify that you intend to continue use your account or to use or cash-out your Virtual Items. Virtual Items may be redeemed or removed from your account or be subject to other limitations at LiveMe’s sole discretion.
If you deactivate or cancel your LiveMe account pursuant to the LiveMe Terms of Service, your ability to redeem or use Virtual Items will be terminated immediately, without any right to refund or any other compensation for you. When we cancel or terminate access to your Virtual Items account balance for violating LiveMe Terms of Service or Community Policies, your right to use your Virtual Items account balance immediately ceases. Further, we may suspend or otherwise limit your access to your Virtual Items if we suspect, in our sole discretion, fraudulent, abusive or unlawful activity associated with your account. When we suspend or limit access to your Virtual Items account balance, your right to use your Virtual Items account balance immediately ceases.
To restore any such Virtual Items due to account inactivity, you must email us at firstname.lastname@example.org and request that we restore the Virtual Items in your account. Upon receipt of your request and review of your information, we will determine whether we will restore any or all of your Virtual Items within three (3) business days.
10. Confiscation of Virtual Items Due to Termination or Fraud
A. IMPORTANT: We take fraud extremely seriously. In addition to taking all applicable and necessary legal actions, we have the right to permanently confiscate any Virtual Items from any User Account that we determine were purchased or acquired using fraudulent measures; which includes but not limited to confiscation of any Gifts received by you from another User in which such Gifts were purchased fraudulently. In the event we determine that the Virtual Items in your possession were fraudulently purchased, we will notify you prior to confiscation and allow you an opportunity to make an appeal via the App.
B. If we terminate your account for fraud, any outstanding Virtual Items remaining in your account at the time of termination may be irrevocably confiscated, in accordance with our Account Termination Policy specified below.
11. VIP Subscriptions
A. Users may upgrade their account to a VIP subscription for access to additional “bonus” features and privileges within the Service. Detailed rules for the VIP subscription can be found at the VIP section within the App.
B. Initiation or termination of a VIP subscription must be done through Google Play Store or iTunes App Store, which may be subject to a sales tax in your area. Note: you are responsible for reviewing the Terms of Service of your app store for details and applicability of sales tax.
12. Terms and Termination of These Terms
A. Terms. As between you and the Company, the terms of the Service (the “Terms”), as they may be amended from time to time, commence as of the date of your first use of the Service and continues until the termination of the Service by either you or the Company.
B. Termination. You may terminate these Terms by terminating your account, deleting your account and the app from any mobile devices in which it is installed, and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, you may be able to do so by using the permitted functions within the app, but the removal or deletion of such User Content will not terminate the Terms. We have the right to restrict, suspend, or terminate these Terms and your access to all or any part of the Service at any time without prior notice or liability, if you violate any applicable laws or regulations, the Terms, our Community Policy, or violate the rights of any third party copyright owner. We will make reasonable efforts to notify you of such termination via the email address associated with your account or upon the next time you attempt to access your account, depending on the circumstances, despite this may not always be possible.
C. By using the Service, you agree that if we terminate your account, all of your User Content and Virtual Items stored in your account within the Service will be confiscated. In other words, failing to comply in connection with the Terms will result in loss of your account and all of its assets.
D. Appeal. If we terminate your account or confiscate any Virtual Items within your User account, you will have an opportunity to appeal. All information regarding the appeal process will be provided to you via the app at the time of termination or confiscation of Virtual Items.
E. Survival. If any provision is deemed null and void under applicable laws or regulations, the rest of the Agreement will remain in force .
13. Consent to Electronic Communications
14. Dispute Resolution, Arbitration.
Some of our Service may have additional terms that contain dispute resolution provisions complying to the geographic region your Service is based in.
If you are using the Service on behalf of a business (rather than for your personal use), you and the Company agree that to the extent permitted by law, all claims and disputes arising out of or relating to these Terms or the use of the Service will be governed by the laws of Hong Kong. If you do not agree to this clause, you must not use the Service.
15. Jurisdiction for Litigation
A. To the extent you and the Company wish to initiate litigation in court, both you and the Company agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Service will be litigated exclusively in Hong Kong, unless this is prohibited by law in the country where you reside. You and the Company consent to the exclusive jurisdiction of litigation.
B. The laws of Hong Kong govern these Terms and any claims or disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. In the event that Hong Kong Law does not apply to you due to jurisdiction prohibition in your region, the laws of your residing country may apply to those disputes.
16. Disclaimers and Limitation of Liability
A. The Service is provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either expressed explicitly or implied, including but not limited to implied warranties, conditions, or other terms related to (i) merchandise, customer satisfaction, non-infringement, or (ii) arising from purchase activities. In addition, while the Company attempts to provide a good user experience, we do not represent or warrant that: (a) the Service will always be secure, error-free or timely; (b) the Service will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Service will be timely or accurate.
IF THE LAW OF THE COUNTRY WHERE YOU RESIDE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY SPECIFIED IN THIS CLAUSE, THE EXCLUSIONS SHALL NOT APPLY.
Nothing in these Terms will exclude or limit our rights to remove User content under applicable circumstances.
IF THE LAW OF THE COUNTRY WHERE YOU RESIDE DOES NOT ALLOW ANY LIMITATION ON LIABILITY AS SPECIFIED IN THIS CLAUSE, THIS PROVISION WILL NOT APPLY
By using the Service, you agree to the extent permitted by law, to indemnify, defend and hold harmless LiveMe and all our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or related in any way to: (a) your access to or use of the Service; (b) your User content; and (c) your breach of these Terms.
18. Third Party Disputes
To the fullest extent permitted by law, any dispute you have with any third party arising out of or related to your use of the Service, including but not limited to, any carrier, copyright owner or other user, is solely between you and such third party, and you agree to release the Company from any and all claims, demands and damages (actual and consequential) of any kind or nature, known and unknown, arising out of or in any way connected with such disputes.
A. The Terms constitute the entire Terms of Service agreement between you and the Company and supersede all prior agreements.
B. These Terms will inure to the benefit of our successors and assigned third parties. We reserve all rights that are not expressly granted to you in this Terms of Service agreement. You may not assign these Terms or any of the rights or licences granted to any third party, directly or indirectly, without our prior written consent. We may assign these Terms or any of the rights or obligations, to any third party without providing prior notice to you. The rights that the Company is entitled to but not specified in the Term, are not considered waivers. If any provision is deemed null and void by applicable law, the rest of the Terms remain in force.
C. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Service.
D. Contact: If you have any questions or comments about these Terms or your use of the Service, please contact us at email@example.com.