1.Introduction To And Acceptance Of The Terms
Welcome and thank you for choosing HyJoi. This Terms of Service and User Agreement (this“Agreement”), is a legally binding agreement between JIGUANG ENTERTAINMENT TECHNOLOGY PTE. LTD.（“JIGUANG”） (the “Company” or “us”) and you (“you”) governing your use of the HyJoi mobile application (the “App”), and other related Internet services (collectively, the “Services”), as a registered user of the Services (“Registered User”). Unless you accept this Agreement, otherwise you have no right or authorization to use any part of the Services which requires you to be a Registered User.
When using the Services, you will be subject to HyJoi’s Privacy Policy, HyJoi’s , Chatroom User Management Regulations and you be subject to additional guidelines or rules that are posted on the Services or made available to you, or applicable to specific services and features that are disclosed to you in connection with such services. We may also offer certain paid services, which are subject to any additional terms or conditions that are disclosed to you in connection with such services.
By checking the “I have read and agree to the Terms of Service and User Agreement” checkbox and completing the registration (sign-up) process, or continue to use or access any of the Services as a Registered User, you agree and represent to us:
1.1 that you are at least 18 years of age, or the statutory age of majority in your state of nationality and residence, whichever is higher;
1.2 that you are not restricted from using the Services, by law, by contract, or by us;
1.3 that you fully agree with the terms and conditions set forth in this Agreement;
1.4 where necessary, your legal guardian has reviewed and consented to this Agreement, and agreed to be responsible for any of your liability arising hereof.
Your fundamental rights as a Registered User to the Services are mainly set forth in this Agreement, so please read all of the terms and conditions carefully. By using our Services, or by clicking on "Sign Up" during the registration process, you agree to all terms of this Agreement, We at our sole discretion, may revise this Agreement from time to time. By continuing to avail our Services, you agree to be bound by the revised Agreement. If you object to any such modification or revision, your sole recourse shall be ceasing to use all of the Services.
2. Services Content
2.1 User Generated Content.
HyJoi allows users to distribute streaming live, use services, such as chat, bulletin boards, forum postings, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Services (“User Content”). Users of the Services may also overlay music, graphics, stickers, virtual items and other features provided by HyJoi (“HyJoi Features”) onto this User Content and transmit this User Content through the Services. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.
2.2 Help you discover content, products, and services that may interest you.
We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use HyJoi.
2.3 Combat harmful conduct and protect and support our community.
We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Services, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement.
3.Account
3.1 In order to open an account, you will be asked to provide us with certain information such as an account name and password.
3.2 You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to HyJoi upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
3.3 We may permit you to register for and log on to the Services via certain third party services. The third party’s collection, use and disclosure of your information will be subject to that third party service’s privacy policy. Further information about how HyJoi collects, uses and discloses your personal information when you link your HyJoi LIVE account and with your account on any third party service can be found in our Privacy Policy.
3.4 We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
4.Privacy
Your privacy is important to BIGO LIVE. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Services.
5.Use of the Services
Your access to and use of the Services is subject to these terms and all applicable laws and regulations. You agree that you will comply with these terms of Services and HyJoi’s Community Guidelines and will not:
5.1 create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, child sexual exploitation and abuse content ,invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
5.2 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access HyJoi accounts of others without permission, forge another person’s identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
5.3 defame, harass, abuse, threaten or defraud users of HyJoi, or collect, or attempt to collect, personal information about users or third parties without their consent;
5.4 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services or User Content, features that prevent or restrict use or copying of any content accessible through the Services, features that enforce limitations on the use of the Services or User Content, or delete the copyright or other proprietary rights notices on the Services or User Content;
5.5 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
5.6 modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
5.7 interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
5.8 interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
5.9 attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
5.10 use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
HyJoi takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is HyJoi liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
HyJoi is not liable for any statements or representations included in User Content. HyJoi does not endorse any User Content, opinion, recommendation, or advice expressed therein, and HyJoi expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, HyJoi reserves the right to remove, screen or edit any User Content posted or stored on the Services at any time and without notice, including where such User Content violates these terms of Use of the Services or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates these terms of Use of the Services and may result in, among other things, termination or suspension of your rights to use the Services.
6.Virtual Currencies And Virtual Items
6.1 The Services may include an opportunity to top-up, subscribe, purchase and/or obtain virtual currency (“Virtual Currency”) and/or virtual items (“Virtual Items”) that may require you to pay a fee using legal tender (that is, “real world currency”) to obtain the Virtual Currency or Virtual Items.
6.2 Virtual Currency and Virtual Items such as diamonds, coins, and props that you purchase in our Service will be stored in your account. If you use another account or lose this account, your items will not be transferred. It should also be noted that the purchase of these features and in-game currency last only for the duration of the Service. You understand that you do not own Virtual Currency and Virtual Items, but acquire a limited license to use Virtual Currency and Virtual Items according to the specific Service.
6.3 You can subscribe to our Service, and make a payment for the subscription, thus is not refundable, exchangeable or transferable, and can be unsubscribed from the subscription management page of App Store.
6.4 Your purchase of Virtual Currency and Virtual Items is final (that is, the consumption of the “real world currency”) and thus is not refundable, exchangeable or transferable, except in the Company’s or the payment gateway service provider’s sole discretion. You shall not purchase, sell, or exchange Virtual Currency and Virtual Items outside the Services. Doing so is a violation of the Terms and may result in consequences including but not limited to confiscation of your Virtual Currency and Virtual Items, termination of your Account with the Services and/or further legal action.
6.5 The Company retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Items at its sole discretion. Prices and availability of Virtual Items are subject to change without notice. We shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, non-transferable, non-sublicensable permission to use solely within the Services Virtual Items and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by the Company. You have no other right, title or interest in or to any such Virtual Items or Virtual Currency appearing or originating in the Services.
7.Fees And Payments
7.1 Fees
We will not charge you a fee to use the basic functionality of the Services. However, you may have to pay a fee to use certain features of the Services or to obtain Virtual Currency or Virtual Items. The price for utilizing these features or obtaining such Virtual Currency or Virtual Items will be displayed on the Services. If you find there is a wrong charge, please contact us and we will do our best to help you.
7.2 Payments
7.2.1 For all payments payable to you in relation to the Services, we will settle with you and render the payment in the way described in relevant Platform Rules as promulgated by us and publicized on the Services.
7.2.2 Due to the different international exchange rate of different currencies, the exchange rate of our Service is based on the rules of App Store. The final settlement price is subject to the price displayed at the time of settlement. We do not charge any additional fees in settlement.
7.2.3 We may render the payment to you, directly or indirectly, through bank remittance, card services, and/or other means as we consider appropriate.
8.Intellectual Property Rights
All text, data, images, graphics, audio and/or video information and other materials within the Services provided by HyJoi are property of HyJoi are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring any license of any intellectual property rights or such materials by HyJoi to you.
By using and/or uploading any live stream content or other content through a HyJoi Services to publicly accessible areas of HyJoi website, you grant to HyJoi and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.
9.Terminating Services
To the fullest extent permitted by applicable law, HyJoi reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to post User Content), and to block or prevent your future access to and use of the Services, including where we reasonably consider that:
9.1 your use of the Services violates this Agreement or applicable law;
9.2 you fraudulently use or misuse the Services;
9.3 we are unable to continue providing the Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services.
9.4 You understand that we need to perform scheduled or unscheduled repairs and maintenance of the Services. If such situations cause an interruption of Services for a reasonable duration, we shall not bear any liability to you and/or to any third parties. However, we shall provide notice to you as soon as practicable.
To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these terms of Services, (iii) any policy or practice of HyJoi in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.
10.Disclaimers
10.1 You shall be fully responsible for any risks involved in using HyJoi Services. Any use or reliance on HyJoi Services will be at your own risk.
10.2 Under no circumstance does HyJoi guarantee that the Services will satisfy your requirements, or guarantee that the Services will be uninterrupted. The timeliness, security and accuracy of the Services are also not guaranteed. You acknowledge and agree that the Services is provided by HyJoi on an “as is” basis. HyJoi make no representations or warranties of any kind express or implied as to the operation and the providing of such Services or any part thereof. HyJoi shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Services and shall not be responsible for any consequences which may arise from your use of such Services.
10.3 HyJoi does not guarantee the accuracy and integrity of any external links that may be accessible by using the Services and/or any external links that have been placed for the convenience of you. HyJoi shall not be responsible for the content of any linked site or any link contained in a linked site, and HyJoi shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Services by you. Moreover, HyJoi shall not bear any responsibility for the content of any webpage that you are directed via an external link that is not under the control of HyJoi.
10.4 HyJoi shall not bear any liability for the interruption of or other inadequacies in the Services caused by circumstances of force majeure, or that are otherwise beyond the control of HyJoi. However, as far as possible, HyJoi shall reasonably attempt to minimize the resulting losses of and impact upon you.
10.5 We provide or disclose your personal information in accordance with legal requirements or orders of governmental or judicial authorities.
10.6 The disclosure of personal information resulting from the your sharing your password or Account with others, or any other disclosure of personal information which is not attributable to us.
10.7 Any disclosure of personal information or other loss or damage due to hacking, computer virus attack, blackout, or interruption of telecommunication services.
10.8 You specifically acknowledge that the Company shall not be liable for UGC, including without limitation your UGC, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Similarly, the Company will not under any circumstances be liable for any communication made between our users.
11.Other Terms
11.1 If any provision of this Agreement is rendered void or unenforceable by competent authorities, in whole or in part, for any reason, the remaining provisions of this Agreement shall remain valid and binding.
11.2 The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
11.3 This Agreement constitutes the entire agreement between you and the Company with respect to your use of the Services and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Services by the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
11.4 All notifications sent to you by us under this Agreement may be delivered via a webpage announcement, in-application pop-up message, email, text message or post; such notifications shall be deemed to have been received by the recipient on the date sent. Notifications from you to us should be sent to the contact address, fax number, email address or other contact details officially announced by us.
The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement.