Kaya Live Terms of Service
Effective on the date of []
Dear users (hereinafter referred to as "You"), welcome to Kaya Live (hereinafter referred to as "Kaya" or the "Platform") which is an interactive online platform created, operated and maintained by Cloud Village Limited and/or its affiliates (collectively hereinafter referred to as "We" or "Us"), We will provide You the online livestreaming service and other services in relation to live streaming (hereinafter referred to as the "Service") on Kaya. You and Us will be jointly referred to as the "Parties" and respectively as a "Party".
Before your login, access or use of Kaya, You are advised to read this Kaya Live Terms of Service (hereinafter referred to as the "Terms") carefully, in particular those highlighted in bold (which may limit our liability or be related to your material rights and interests). You may not use the Service if You do not accept the Terms.
You shall guarantee to Us that You are 18 (or the standard age of majority required by the applicable laws or regulations in your jurisdiction, hereinafter referred to as the "Local Laws") years old or older and have full civil capacity according to the Local Laws. If You are a minor or do not have full civil capacity, please read the Terms with the accompany of your parent or legal guardian, and You may only use The Service with the express consent of your parent or legal guardian. In such cases, your parent or legal guardian shall agree to be bound by the Terms.
The Terms include the following articles set out hereunder, the agreements explicitly incorporated herein and all rules that We may announce on the Platform in the future (collectively hereinafter referred to as "Kaya Rules"). All Kaya Rules shall be considered an integral part of the Terms and shall have the same legal effect.
We reserve the right to make updates, changes, amendments to the Terms from time to time by renewing the updated versions of the Terms directly on the Platform, or by other reasonable means with or without notice to You. You are therefore advised to check for the updated versions of the Terms regularly which You must comply with when using the Service. Your continued usage of the Service constitutes your acceptance of the updated Terms. Any disputes between the Parties shall be subject to the then-current Terms. If You do not agree to the updated Terms, You shall stop using the Service immediately.
Article I Account
1. In order to use the Service, You need to create a Kaya account. We may offer a "guest mode" where You can enjoy the basic services (i.e. listening to and watching the live streaming) without having to register and log in to your account.
2. You may use the mobile phone number or a third-party account (including apple ID) to register or bind your Kaya account. Please note that one mobile phone number can only register one Kaya account. If You access to the Service through a third-party account accepted by Us, You must ensure its stability, authenticity and availability. If You are unable to log in Kaya due to failure of the third-party account (e.g. it is blocked), You are requested to contact the corresponding third party. Your Kaya account will be the unique reference based on which We could confirm your identity. The rules of Kaya account registration and binding may be changed according to the users’ need or Kaya’s operation which meet the requirements of applicable laws or regulations, and You agree to cooperate with the changed rules of Kaya.
3. When You register for a Kaya account, You need to provide the basic personal information such as your mobile phone number, the relevant verification code, the applicable third-party account and its password, your account nickname and avatar. Further, if required by the Local Laws, We may ask You to provide Us with further information for the account registration.
4. You agree to update any change in your personal information in a timely manner on the Platform. We may refuse your application of the account registration and terminate your usage of the Service, if the personal information provided by You is inaccurate, untrue or contains illegal, offensive or harmful information.
5. You agree not to:
(1) use any false information to register a Kaya account;
(2) register a Kaya account in another person's name without permission, or by using any illegal or harmful information;
(3) register a Kaya account in bad faith, for example maintaining more than one Kaya account at a time, or registering Kaya accounts too frequently.
6. The nickname and avatar used for your Kaya account, and other information (including without limitation comments, messages, texts, pictures, photos, audios, videos, performances) generated by You under your Kaya account (collectively hereinafter referred to as the "User Generated Content") during the use of the Service shall not violate any applicable laws, public interests, social order or morality, and shall not infringe the rights and interests of other users or any third party. You further warrant that the account information and the User Generated Content under or in relation to your Kaya account shall not contain any of the following content:
(1) non-compliant with any of the applicable laws and regulations, or against or not suitable to the applicable social order or public custom;
(2) harmful to or infringing upon other person’s rights or legal interests, including but not limited to intellectual property rights, personal rights, privacy rights, etc.,
(3) pornographic, obscene, indecent, or any adult content;
(4) harmful or detrimental to the physical development and mental health of minors and children;
(5) excessively violent, in relation to death or serious injury, depicting, encouraging or assisting suicide or self-harm;
(6) rumors, false or misleading information;
(7) hateful speech or conduct, including any content that promotes racism, terrorism or sexism;
(8) profane, blasphemous or any content that may offend any certain religions or faith, or offend people with involved in relation to such religions;
(9) related to gambling, abortion, weapon, or any other highly explosive or sensitive subject matter;
(10) abusive, libelous, or otherwise harassing other people or group;
(11) spam, junk mail or other unsolicited advertisement;
(12) other content that at our discretion is negative and not suitable for public transmit on the Platform.
7. If You no longer want to use the Service again, and would like your account deleted and cancelled, You can use the account cancellation service provided by Us on the Platform according to Kaya Live Account Cancellation Agreement. Please submit your account cancellation application as guided on the relevant pages on Kaya. For any questions please contact us according to Article XI hereunder, We will provide You with further assistance and guide You through the process. Once You choose to delete your account, You will not be able to reactivate your account or retrieve any of the content or information You have deleted.
Article II Account Security
1. To the extent permitted by laws and regulations, You agree that the ownership and proprietorship of your Kaya account belongs to Us, and You are entitled to use your account after it is registered and approved by Us. You acknowledge and agree that the right to use your Kaya account is personal and non-transferable, and your Kaya account is unique and for your own use only that shall not be donated, borrowed, rented, transferred or sold to others.
2. It is important that You must keep your Kaya account and password secure, and You will be solely and fully liable for any damages caused to yourself, us and others as a result of your failure to secure your account and password. You are free to change the password of your account at any time.
3. You agree to notify Us immediately if You find or suspect any illegal use of your Kaya account or account security loopholes or bugs, and We will protect your rights and interests to a reasonable extent.
4. You agree that We will have the right to suspend, terminate and freeze your account without prior notice if We find that your Kaya account is likely to be stolen, misused or used in an illegal way by others. In such cases, We will not assume any legal obligations to You for your lost or damages (such as the communication interruption, loss of your account data, record and/or virtual property) resulted from the above measures taken by Us.
Article III Service Guidelines
1. Kaya is a live streaming social platform where You could stream to show your life moments, showcase your talents, listen to and/or watch live streaming, interact in real time, send virtual gifts to Kaya broadcasters, and enjoy fun live sessions with other Kaya users.
2. The basic services in Kaya (i.e. listening to and/or watching live steams) provided by Us with You is free, in the meantime some contents, functions and services (e.g. sending virtual gifts to broadcasters, booking a paid online show, joining a broadcaster’s fan club, buying a VIP membership service, etc., collectively hereinafter referred to as "Paid Services") provided by us from time to time are charged that You may top up and purchase. The price, content, scope, quantity, validity period, payment method and other matters of the Paid Services shall be subject to relevant pages of Kaya. We remind You to consume on Kaya in accordance with Your actual need and in a voluntary, rational and moderate manner. You shall agree to and comply with the Kaya Live Recharge Service Agreement if You need to top up your account.
We do not encourage minors to use any Paid Services on Kaya. If You are a minor, You should ask your parent or legal guardian and only with the express consent of your parent or legal guardian may You consume on Kaya. Otherwise, You shall not purchase any Paid Services.
When purchasing our Paid Services, You should carefully check for the specific information such as your account, the Service price, type and validity period. Once your Kaya account is successfully topped up, or the Paid Services are successfully provided to You, the charged fees will be non-refundable.
If You are a minor (under the age of 18 or the standard age of majority required by the applicable laws or regulations in your jurisdiction) or do not have full civil capacity, you are not allowed to use any withdrawal service of Kaya (namely the conversion from virtual properties to any real currency), We reserve the right to reject or terminate to provide such service to You after our confirmation thereabout.
3. You understand and agree that in order to keep You up to date and fully informed about The Service We are entitled to deliver and send You advertisements, and other promotional information, notices, pushes or messages via email, client, SMS, webpage or in other legal means.
4. You agree that We reserve the right to adjust the Service content, scope, type, fee at any time according to our business development and changes, and You will pay attention to and understand such changes made by Us in a timely manner. You understand and accept that any adjustment made by Us to the Service may affect the rights and interests that You have enjoyed or are enjoying, and agree to use the Service in accordance with such adjustment without requiring us to assume any responsibility.
Article IV Account Usage
1. We hereby expressly remind You that, You must be responsible for the legitimacy, accuracy, integrity and authenticity of your registration information and any of the User Generated Content under your Kaya account.
2. You warrant that You will use the Service to the extent permitted by the applicable laws as well as the Terms. You agree not to misuse the Service, nor to commit any harmful, illegal actions or infringe others’ interests by using the Service, otherwise You shall be solely liable for all damages, losses and consequences caused to Us and others as a result of your breach.
3. In addition, You agree to use the Service in a proper and prudent manner, and if your usage, actions, activities in relation to the Service lead to our violation of any applicable laws, We have the right to suspend or terminate the Service with You.
4. In any circumstances, You agree that You will not:
(1) use The Service for any illegal activities, including activities which are harmful or may be harmful to children and teenagers;
(2) display any inappropriate text, audios, videos, other content or information (such as pornographic, violent, vulgar, horrible or brutal content etc.) which is against the governing law, or the Local Laws, or the applicable social order or cultural customs;
(3) commit any mendacious or misleading activities (such as attempting to demand cash by fabricating false grounds or impersonating others’ identities);
(4) commit any actions that are detrimental to the Service or others (such as releasing or distributing virus, stalking, discriminating, posting hate speech, insulting comments, promoting violence against others or mistreating animals);
(5) infringe the rights of others (such as uploading, storing or publishing the unauthorized manuscripts, music, photos or videos in which the third party has intellectual property rights);
(6) infringe the privacy of others (such as secretly photographing or videotaping others);
(7) use the Service in any manner which may disturb, impair, influence or restraint other users’ proper use of the Service or in any manner which may result in damage to, disabling or overuse of the Service or interference with normal working of the Service;
(8) send spams or assist others to send spams from your account, or for the purpose of sending spams or commercial e-mails, send any unsolicited or unauthorized advertisements, inductive information, promotional materials, spams, chain letters or pyramid schemes, or e-mails concealing or misrepresenting the identities of the senders;
(9) harvest or collect other users’ e-mail addresses, phone numbers and other information without their consent;
(10) use any robot, spider, crawler, scraper or other automated means to access the Service or collect data;
(11) in any manner reverse engineer or derive the source code of the Service, or bypass or circumvent measures imposed to prevent or restrict access to any areas, content or codes of the Service;
(12) use or attempt to use any unauthorized accounts;
(13) impersonate any other person or entities or post information in their names, or misrepresent your relationship with any other person or entities;
(14) attempt to circumvent any content filtering technology that may be used by us or attempt to access any services or areas which You have no authority;
(15) place any advertisement to recommend products or services other than those of Us. You also agree not for any reason or in any manner to solicit our users to use similar competitive products or platform services;
(16) engage in any activities in breach of any applicable laws and regulations, or in breach of any Kaya Rules or are detrimental to Us and/or other users.
5. You acknowledge and agree that You will not use the Service for sale or any other commercial purposes without our express consent. If You wish to use the Service for commercial purposes, including communicating or facilitating any commercial advertisement or solicitation, You are requested to give a written notice to Us and obtain our official authorization in written.
6. You agree that You will be responsible for your actions under your Kaya account during your use of the Service, including but not limited to making direct compensations to the infringed parties, and/or fully indemnifying our damages, losses, expenses, penalties, legal fees (including attorney's fees if any) in the event that We have assumed administrative penalties or infringement damage compensation due to your actions. For any breach of the foregoing, We may in our sole discretion, immediately suspend or terminate your access to the Service in part or in whole, inclusive of freezing or cancelling your access to the account and/or deleting your user content etc.
7. You acknowledge and agree that, if so required by the Local Laws We may, at the requests of the competent authorities, provide the necessary information submitted by You or stored on servers of Kaya during your use of the Service to such authorities. In case that You are suspected of infringing the legitimate rights and interests of others subject to our preliminary assessments, We may provide the relevant right-holders with your necessary information as aforementioned in accordance with the Local Laws.
8. Unless otherwise expressly stated herein, all new products, new functions and new services launched by Kaya shall be governed by the Terms.
Article V Ownership and Intellectual Property Rights
1. We provide with You through the Service Kaya’s software, technology, program, web page, text, picture, image, audio, video, chart, interface design, layout frame, icon, etc. And the ownership and intellectual property rights (including but not limited to copyright, trademark and patent) in and to the Service and all content displayed on Kaya (including but not limited to trademarks, logo, marks, Apps, source code, programming interface, webpage, text, images, audios, videos, charts, and all scripts as well as materials that are available to You for your use of the Service on the Platform) belong to Kaya or other right-holders. Unless otherwise agreed herein, without our written consent, You agree not to use, modify, reproduce, distribute, alter, disseminate, or publish the content aforementioned, failing which You are responsible for indemnifying us or other right-holders for all losses resulted therefrom.
2. Without our prior written consent, You may not, under any circumstances, use any of our trademarks, service marks, trade names, domain names, website names or other distinctive brand features (such as "Kaya Live", collectively hereinafter referred to as the "Kaya Logos") of Us. Without our prior written consent, You may not display, use, apply for trademark registration, or register a domain name with the Kaya Logos, either alone or in combination with other contents, or express or imply to others that You have the right to do so. Otherwise You shall bear all legal responsibilities for the losses and damages caused to us or others by your violation of the above-mentioned terms.
3. You acknowledge that You have the full rights to upload, post, transmit and publish the User Generated Content through the Service. You are the owner and retain the intellectual property rights to the User Generated Content posted and displayed in and through the Service by You under your Kaya account. You hereby grant Us a worldwide, permanent, non-exclusive, irrevocable, royalty-free and sub-licensable right to use, copy, release, publish, link to, test, publicly transmit, make available, solely or jointly with our cooperation partners promote, or use in other manners the User Generated Content and to use your real name, nickname, portrait, avatar, icon or any other text or graphics of similar nature in Kaya or our promotional materials (including but not limited to webpages, printed materials and business documents etc.).
4. By uploading, posting or transmitting User Generated Content on the Platform, You agree to abide by the following restrictions:
(1) You must own the intellectual property rights to the User Generated Content in or through The Service, or have the right to grant the licenses set forth herein;
(2) the User Generated 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;
(3) the User Generated Content in or through the Service must not require Us to obtain any further licenses from any third party or pay any royalties, fees, compensations or other amounts, or provide any attribution to any third parties; and
(4) the User Generated Content in or through The Service must not result in a breach of any contract between You and a third party, nor will it be in violation of the Local Laws.
5. The person or entity who believes that its legitimate rights and interests have been infringed by the User Generated Content uploaded on the Platform, is entitled to send a notice to us in accordance with the applicable rules of Kaya. If We receive a notice of an alleged infringement with regard to the User Generated Content uploaded by You under your Kaya account, in order to protect the intellectual property rights of the lawful owner, We may, in our sole discretion, delete the alleged infringement content and to notify You as soon as possible so that You may work out a solution together with the lawful owner. You may send us a counter-notice; nonetheless it will not prejudice the measures We are going to take/have been taken in our own discretion.
6. In the event of any concerns or complaints about possible violation of intellectual property rights, please contact us according to Article XI hereunder, identifying with specificity the rights alleged to be violated and the accused product(s).
Article VI Privacy Policy
1. We are committed to respect users’ privacy and We will collect, store, use, disclose and protect your personal data and information strictly in accordance with Kaya Live Privacy Policy which is available on the Platform and We encourage You to read it carefully.
2. Unless otherwise certified, data stored on the servers of Kaya will be considered as the sole evidence to verify your use of the Service.
Article VII Breach, Punishment and Indemnity
1. You agree that We will have the right to take one or more measures set forth in the Clause 2 of this Article if You:
(1) violate or breach any of your obligations, represents or warranties specified in the Terms, e.g. using unauthentic personal information to register your Kaya account, issuing illegal information or unsuitable content on Kaya, displaying advertisement for others without our express consent, your User Generated Content’s infringing other’s intellectual rights etc.;
(2) engage in any other conducts that may or will damage our reasonable interest or rights hereof; or
(3) violate the applicable laws or regulations.
2. The measures We may take as set forth in Clause 1 of this Article will include without limitation:
(1) suspend or terminate to provide with You the Service, in part or in whole;
(2) delete the registration information or the User Generated Content provided, posted, published or used by You that is illegal or violate any provisions of the Terms without prior notice to You;
(3) freeze, delete, or cancel your Kaya account temporarily or perpetually;
(4) deduct or empty your virtual property under your account or related to You, in part or in whole;
(5) report your breach of the Terms to the competent authorities if so required; and
(6) reserve the rights to claim compensation the losses, damages, expenses and costs caused to us or any third party as a result of your breach hereof.
3. We will have the right to suspend and ban your Kaya account and conduct investigation if We find your virtual properties in your account (including but not limited to Diamonds, Coins, virtual gifts, props and other virtual property rights and interests) are abnormal. If your breach of the Terms is determined by us after the investigation, your virtual properties will be forfeited and your account will be frozen, deleted or cancelled. For clarity, the above mentioned abnormal virtual properties include but not limited to recharged money from channels not recognized or approved by Us, profits earned by using our system bugs, loopholes or plug-ins, illegal interest, assets increased from other improper or dishonest means, etc.
Article VIII Disclaimer
1. As Kaya is an online live streaming social platform for users, and You agree that the User Generated Content or any information streamed, posted, shared by users and broadcasters on the Platform does not represent our opinions, positions or policies. We make no warranty to the accuracy, reliability, integrity, legitimacy and validity to any of the above content or information accessed by You when using the Service. You acknowledge that You may be exposed to unpleasant content on the Platform. You agree to make your own judgment on the content, and We will not bear any liability for any damages suffered by You due to your reliance on such content. You agree to negotiate and settle any disputes and/or losses which arise or may arise between You and other users or between You and other right-holders in connection with the use of the relevant content or information, and to bear liability thereof and in no event will We be held liable for any such disputes or losses.
2. Please pay attention to your surroundings and ensure your personal and property safety in the course of using the Service. You agree that in no event We will be liable for any personal injury or property damage to yourself or to any third party caused by You when using the Service.
3. Except the Terms, You may be advised to comply with other agreements with third parties (if any) and the related regulations when using their software and services provided by them collaborated with or in relation to Kaya. You will be responsible and liable to resolve any disputes with such third parties, compensate their losses and damages arising from your violation of the above agreements or regulations, in addition, You shall indemnify us against any losses, damages, expenses, costs and compensations caused to us resulting from your above violation.
Article IX Notice
1. All notices to be given to You hereunder may be sent by our announcements, in-station messages, pop-up messages, pushes (collectively hereinafter referred to as the "Announcements"), or delivered by e-mails, mobile phone short messages (collectively hereinafter referred to as the "Messages") according to your contact information provided by You. Notices given by Announcements shall be deemed to have been served upon publication or delivery, and notices given by Messages shall be deemed to have been served upon successful delivery.
Article X General Terms
1. Force majeure: We will not be liable for any damages or losses caused by force majeure. For the purpose hereof, force majeure includes Acts of God, change of laws and regulations or government orders, specific reasons due to the features of internet services, such as malfunctions attributable to the domestic and/or foreign basic telecommunication operators, technical defects related to computers or the Internet, limitation of Internet coverage, computer virus, hacking and other unforeseeable, unavoidable and insurmountable circumstances to the extent as permitted by laws and regulations.
2. Change, suspension, interruption and termination of the Service: With any of the following purposes or reasons, We have the right to change, suspend, interrupt or terminate the Service without assuming any liability to You or to any third party:
(1) implementing our business decisions;
(2) enforcing the orders of administrative/judicial authorities;
(3) protecting the safety of the Service;
(4) maintaining other users’ proper use of the Service and data security; or
(5) responding to the alleged infringement raised by others.
The remaining Diamonds, Coins and other virtual properties in your account shall be non-refundable where the Agreement is changed, suspended, interrupted or terminated as set forth hereof.
3. Governing Law: The Terms shall be governed by the laws of Hong Kong, the Special Administrative Region of the People’s Republic of China, without regard to principles of conflict of laws.
4. Dispute Resolution: If any dispute arises from or in connection with the Terms, the Parties agree to resolve the dispute in a friendly way by negotiation at first. If Kaya proposes a resolution plan in writing that You reject to accept, and You fail to propose a new resolution plan in writing within thirty (30) day of receipt of Kaya’s plan, it will be deemed a failure of the Parties’ negotiation. Then the Parties shall submit the dispute to China International Economic and Trade Arbitration Commission ("CIETAC") for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral tribunal shall be consisted of three (3) arbitrators. Each Party shall select one (1) arbitrator. The third arbitrator shall be appointed by the president of the CIETAC and shall serve as chairman of the panel. The arbitration shall be carried out in the English language with the venue of Beijing. The arbitral award is final and binding upon the Parties.
5. The Terms will be published in electronic form on the Platform and it shall come into effect and be bound to You as of the date of your confirmation by clicking the bottom of "I have read and agreed to Kaya Live Terms of Service" or your actual usage of the Service.
6. Our non-exercise, delayed exercise and partial exercise of the rights We are entitled in accordance with the provisions of the applicable laws and the Terms shall not be deemed a waiver of such rights, and shall not prejudice our exercise of such rights in the future.
Article XI. How to Contact Us
If You have any questions, comments or suggestions on the Terms or the Service, please email to our customer service at kayaliveservice@gmail.com.
Kaya Live
Company name: Cloud Village Limited
Company Address:1/F XIU PING COMM BLDG 104 JERVOIS ST SHEUNG WAN HK