If you create an BeLive account and make use of the Application, you will be bound by this Agreement. Please read this Agreement before you proceed.
2. ELIGIBILITY 2.1 Minimum Age. The Application is available to and may only be used by individuals who are at least 18 years of age. You represent and warrant that you are at least 18 years of age or otherwise capable of entering into and performing legally binding contracts under applicable law, and that all information which you submit is accurate and truthful. If you are under 18 years of age, please do not download or use the Application.
2.2 Creating an Account. In order to create an account to use the Application, you must sign in using your Facebook login and you must have a minimum of 50 friends on your Facebook account. If you sign in using your Facebook login, you authorise Company to access and use Facebook account information which you choose to share with other users of the Application.
3. LICENCE GRANT AND RESTRICTIONS ON USE 3.1 Licence Grant. Company grants you a personal, revocable, non-exclusive, non-transferable, limited right to install and use the Application in your mobile device or computer ("your Device"), and to access and use the Application strictly in accordance with the terms and conditions of this Agreement, the Usage Rules and any service agreement associated with your Device (collectively, the "Applicable agreements").
3.2 Restrictions on Use. You shall use the Application strictly in accordance with the terms of the Applicable agreements and shall not: (a) post any User Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or other intellectual property right; (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Application; (c) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (d) violate any applicable laws, rules or regulations in connection with your access or use of the Application; (e) remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application; (f) use the Application for any purpose for which it is not designed or intended; (g) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company; (h) use the Application to send automated queries to any website or to send any unsolicited commercial email; (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Application; (j) use the Application to send, post, or otherwise communicate any content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable; (k) use the Application to send unsolicited or unauthorised advertising or promotional material or any junk mail, spam or chain letters; (l) upload to, or transmit from the Application any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component; or (m) authorise or encourage any third party to do any of the foregoing.
4. USER CONTENT AND INTERACTION 4.1 User Responsibility. The Application allows you to post content, including photos, videos, live videos, comments, links and other materials ("User Content"). You understand and agree that you are solely responsible for the User Content which you post on or through the Application and any loss or damage which you sustain as result of such content is solely your responsibility.
4.2 User Content. You retain ownership rights in the User Content which you post on or through the Application but you grant Company: (a) a worldwide, fully-paid, royalty-free, sub-licensable, and transferrable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute
your User Content for the purpose of operating, developing, providing, promoting, and improving the Application and to research and develop new products and services; and (b) in relation to your User Content which are live videos, a further worldwide, perpetual, fully-paid, royalty-free, sub-licensable, and transferrable licence to create derivative works, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display such User Content in any form and in any and all media or distribution methods (now known or later developed).
4.3 User Interactions. Company is not responsible for the conduct of any user of the Application and you are solely responsible for your interactions with other users of the Application. You acknowledge that Company does not: (a) conduct any background checks or screenings of users of the Application; or (b) inquire into the backgrounds of users of the Application or verify the statements of users of the Application. You shall be responsible for your personal interactions with other users of the Application, which may include meeting up with the other users or communicating with them on some other platform or channel. You shall be personally liable for any consequences arising from such interactions.
4.4 Removal or Blocking of User Content. Company shall have the right and the absolute discretion to remove or block any User Content posted, sent or communicated by you using the Application from view by other users of the Application for any reason whatsoever. Company may consider any request from you to remove or block from view User Content posted, sent or communicated by other users of the Application but shall have no obligation to do so.
5. IN-APPLICATION GIFTS 5.1 In-Application Gifts. The Application allows you to earn in-Application gifts ("Gifts") and to use real money to purchase Gifts which you can give to other users of the Application. All purchases of Gifts are subject to the payment terms and conditions of the mobile platform on which you make your purchase (e.g., Apple’s iOS or OSX, Google’s Android OS, and Amazon’s Fire OS). Company does not control or manage the payment process. You are advised to review the relevant terms and conditions of the applicable mobile platform before purchasing any Gifts from that mobile platform.
5.2 No Refund or Exchange. You acknowledge and agree that Gifts once purchased cannot be returned to Company for refund or exchange.
5.3 Rewards System. Company will reward you for earned Gifts in accordance with the Company’s Rewards Policy. Company reserves the right to change the provisions of its Rewards Policy at any time and from time to time at its sole discretion. Company will issue a notice of change as may be appropriate under the circumstances such as by displaying a notice within the Application or by sending you an email. Your continued use of the Application following such changes to the Rewards Policy will constitute your acceptance of the revised Rewards Policy.
5.4 No Ownership or Restoration. You acknowledge and agree that you have no ownership interest in any Gifts associated with your account and that such Gifts are for personal non-commercial entertainment purposes only and have no independent value outside of the Application. You acknowledge and agree that if you voluntarily delete your account registered with Company in connection with your use of the Application, any Gifts earned or purchased through such account shall not be restored to you and cannot be transferred if you subsequently register a new account.
5.5 Payments by Company. All payments to be made to you by Company under Company’s Rewards Policy shall only be made to a Paypal account designated by you. You must therefore have a Paypal account in order to receive payment from Company. Payment will be made to you upon the credits in your account with Company exceeding US$50.00. You shall be responsible to pay any and all applicable withholding taxes on each payment.
6. INTELLECTUAL PROPERTY RIGHTS 6.1 Rights to Application. You acknowledge and agree that the Application and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Company. Furthermore, you acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors and suppliers. You are not granted any intellectual property rights in and to the Application not expressly granted in this Agreement and such rights are hereby reserved and retained by Company.
6.2 Third Party Software. The Application may utilize or include third party software that is subject to open source and third party licence terms ("Third Party Software"). You acknowledge and agree that your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source and third party licences applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between the terms of this Agreement and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Application or components thereof be deemed to be open source or publicly available software.
6.3 Company’s Marks. You are not authorized by Company to use Company’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Company, which may be withheld for any or no reason.
6.4 Infringement Acknowledgement. You acknowledge and agree that in the event of a third party claim against you that the Application or your possession or use of the Application infringes any third party’s intellectual property rights, you (and not Company) will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such a claim.
7. RESTRICTION ON TRANSFER
You may not rent, lease, lend, sub-licence or transfer the Application, this Agreement or any of the rights granted thereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
9. THIRD PARTY CONTENT AND SERVICES 9.1 General. You acknowledge that the Application permits access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties ("Third Party Content and Services").
9.2 Disclaimer. You acknowledge that Company does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party web-sites available through the Application). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and Company and its affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content and Services. Company hereby disclaims any representations, warranty or guarantee regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guarantee regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third Party Content and Services.
9.3 Third Party Terms of Service. You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party located using the Application are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Company and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss resulting from the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that you are not being granted a licence to (i) the Third Party Content and Services; (ii) any products, services, process or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content and Services.
9.4 Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, you may encounter information, materials and subject matter: (i) that you or others may deem offensive, indecent or objectionable; (ii) which may or may not be identified as having explicit language; and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use Third Party Content and Services at your sole risk and Company and its affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
9.5 Use of Third Party Content and Services. You agree that the Third Party Content and Services contain proprietary information and material that is owned by the relevant third party and is protected by applicable intellectual property and other laws, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services in any manner, and you shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that you will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, ant that Company is not in any way responsible for any such use by you.
9.6 Data Charges. You agree that you are responsible for all data charges you incur through your use of the Application.
10. TERM AND TERMINATION 10.1 Term. This Agreement shall be effective until terminated.
10.2 Termination. Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the rights afforded to you hereunder without prior notice. Furthermore, if you fail to comply with any terms and conditions of this Agreement, then this Agreement and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Company. Upon the termination of this Agreement, you shall cease all use of the Application and uninstall the Application, and Company may deny you access to any account registered by you in connection with your use of the Application.
11. REPRESENTATIONS AND WARRANTIES 11.1 YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION.
11.2 COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.3 FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (1) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, ERROR-FREE, OR INVULNERABLE TO COMPUTER VIRUS INFECTIONS OR HACKER ATTACKS; (3) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (4) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED.
11.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTEE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPANY HAS NO OBLIATION TO SUPPORT OR MAINTAIN THE APPLICATION.
11.5 COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APPLICATION INCLUDING ANY LOSS OF YOUR DATA.
11.6 COMPANY DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE APPLICATION, INCLUDING BUT NOT LIMITED TO CUSTOMER CONTENT OR THE THIRD PARTY CONTENT AND SERVICES. COMPANY DOES NOT VET OR CONTROL CUSTOMER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE ON OR THROUGH THE APPLICATION. COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR THE THIRD PARTY CONTENT AND SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE APPLICATION, INCLUDING THE FAILURE OF SUCH THIRD PARTY CONTENT AND SERVICES.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE THE APPLICATION INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE APPLICATION, WHETHER OR NOT THE DAMAGES WERE FORSEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF UNITED STATES FIFTY DOLLARS (US$50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You shall indemnify, defend and hold harmless Company and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with : (i) the User Content (ii) your access or use of the Application or Third Party Content and Services; (iii) your breach of this Agreement; (iv) your violation of law; (v) your negligence or wilful misconduct; (vi) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive the termination of the Agreement.
Company does not warrant that the Application will be compatible or interoperable with your Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Device to diminish or fail completely, and may result in permanent damage to your Device, loss of data located on your Device, and corruption of the software and files located on your Device. You acknowledge and agree that Company and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
15. THIRD PARTY CLAIMS
You acknowledge that you (and not Company) are responsible for addressing any third party claims relating to your use or possession of the Application, and agree to notify Company of any third party claims relating to the Application of you become aware. Furthermore, you hereby release Company from any liability resulting from your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) any claim arising under consumer protection or similar legislation.
16. MISCELLANEOUS 16.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, excluding its conflicts of laws principles. Any disputes arising from this Agreement shall be adjudicated in the courts of the Republic of Singapore, which shall have exclusive jurisdiction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
16.2 Severability. If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of the Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
16.3 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of this Agreement constitute waiver of any subsequent breach.
16.4 Amendment. Company may amend, modify or vary the terms of this Agreement by posting a copy of the amended, modified or varied Agreement on Company’s website. You will be deemed to have agreed to any such amendment, modification or variation by your continued use of the Application following the date on which the amended, modified or varied Agreement is posted on Company’s website.
16.5 Survival. Clauses 6 (Intellectual Property Rights), 12 (Limitation of Liability), 13 (Indemnification) and 16.1 (Governing Law) shall survive the termination of this Agreement. The termination of this Agreement shall not affect the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
16.6 Assignment. You shall not assign this Agreement or any rights or obligations herein without the prior written consent of Company and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.
16.7 Entire Agreement. This Agreement including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licenced hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.