Last updated: 2022-05-25
Contact us: service@welive.mobi
This User Agreement ("Agreement") governs your utilization of our services, referred to as "Services" or "WeLive Services," inclusive of the WeLive App, a live video social platform developed by us. One party to this agreement is yourself, and the other party is 億趣科技有限公司 EFun Games Co., Limited or one of its affiliates ("we" or "$app"), a company registered at 12th Floor, San Toi Building, 137-139, Central And Western, Hong Kong Island. Throughout this Agreement, both you and WeLive will be collectively denoted as the "Parties" and individually as a "Party."
While availing yourself of the WeLive Services, you are bound by the WeLive Privacy Policy, and you may also be subject to additional guidelines or rules posted on the WeLive Services, made available to you, or pertinent to specific services and features disclosed in connection with such services. Additionally, certain paid services may be offered, and these are subject to any supplementary terms or conditions disclosed in connection with the respective services.
Your acceptance of all terms in this Agreement is implied when using our Services or clicking on "Sign Up" during the registration process. At our sole discretion, we may periodically revise this Agreement, with the current version accessible at the following link: About us>User Agreement. By continuing to utilize our Services, you express your agreement to be bound by the revised Agreement.
Access to our Service is restricted to individuals aged 18 years or older, complying with the statutory age limit according to applicable laws and regulations in your country.
The safeguarding of your WeLive account and password is your sole responsibility. All actions and activities carried out through your WeLive account are considered your own, for which you bear sole responsibility.
Transactions and business dealings with individuals or entities in Cuba, Iran, North Korea, Sudan, Syria, and the Crimean region are not accepted. Residents of these regions may be prohibited from utilizing the WeLive Services.
i. Facilitation of Content, Product, and Service Discovery:
Our platform endeavors to present users with advertisements, offers, and sponsored content to facilitate the exploration of diverse content, products, and services available through the multitude of businesses and organizations leveraging WeLive.
ii. Global Accessibility to Our Services:
In order to sustain our global service, it is imperative to store and distribute content and data across our network of data centers and systems worldwide, extending beyond the confines of your country of residence. The management and operation of this infrastructure may be facilitated by 億趣科技有限公司 EFun Games Co., Limited, and its affiliated entities.
i. Allowed Content:
WeLive affords users the opportunity to disseminate live streaming, engage in services such as chat, bulletin boards, forum postings, voice interactive services, and partake in various activities wherein they may generate, post, transmit, perform, or store content, encompassing messages, text, sound, images, applications, code, or other data on the Services ("User Content"). Additionally, users can enhance their User Content by overlaying WeLive Features such as music, graphics, stickers, virtual items, and other provided elements, subsequently transmitting this enriched User Content through the WeLive Services. It is imperative to note that the perspectives expressed by fellow users on the WeLive Services, including those conveyed through virtual gifts, do not necessarily align with our organizational views or values.
ii. Mitigation of Harmful Conduct and Community Support:
To foster a secure and supportive community, we deploy dedicated global teams and sophisticated technical systems geared towards identifying instances of misuse, harmful conduct towards others, and situations necessitating intervention to protect and support our user base. In the event of such identified content or conduct, appropriate actions will be taken, including offering assistance, content removal, feature access restriction, account disablement, or collaboration with law enforcement agencies.
To initiate the account creation process, you will be required to furnish specific details, including an account name and password.
It is imperative that you assume full responsibility for upholding the confidentiality of your account and password, as well as for controlling access to your computing devices. Additionally, you are accountable for all actions conducted under your account or password. Kindly ensure that the information provided to WeLive during registration and at all other instances remains truthful, accurate, current, and complete to the best of your knowledge.
We may authorize you to register and log in to the WeLive Services through designated third-party platforms. The collection, utilization, and disclosure of your information by such third-party services are subject to the privacy policy of the respective third party. Comprehensive details regarding how WeLive gathers, employs, and discloses your personal information when linking your WeLive account with any third-party service are available in our Privacy Policy.
We retain the right to deactivate your user account at our discretion, including instances where non-compliance with these terms is evident, or if activities on your account are deemed by us to potentially cause harm to or impair the WeLive Services, infringe upon or violate any third-party rights, or contravene any applicable laws or regulations.
Should you opt to discontinue the use of our Services and desire the deletion of your account, we are ready to assist. Please contact us at service@welive.mobi, and we will guide you through the necessary steps. Once you decide to delete your account, reactivation or retrieval of any added content or information will be impossible.
At WeLive, safeguarding your privacy is of paramount importance to us. We kindly direct your attention to our Privacy Policy, where comprehensive details regarding the acquisition, utilization, and disclosure of your personal information are outlined. Additionally, this document provides insights into the measures you can undertake to effectively manage your online privacy while engaging with the WeLive Services. We appreciate your diligence in reviewing and understanding our commitment to maintaining the confidentiality and security of your information.
Your access to and utilization of the WeLive Services are contingent upon adherence to these terms, as well as all pertinent laws and regulations. By utilizing the WeLive Services, you commit to compliance with the terms of service outlined herein, as well as the Community Guidelines of $app. You shall not:
i. Generate, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. Impersonate any person or entity, falsely claim an affiliation with any person or entity, access WeLive accounts of others without permission, forge another person’s identity, or manipulate information transmitted via the WeLive Services;
iii. Defame, harass, abuse, threaten, or defraud users of WeLive, or collect, or attempt to collect, personal information about users or third parties without their consent;
iv. Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the WeLive Services or User Content, features that prevent or restrict use or copying of any content accessible through the WeLive Services, features that enforce limitations on the use of the WeLive Services or User Content, or delete the copyright or other proprietary rights notices on the WeLive Services or User Content;
v. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the WeLive 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;
vi. Modify, adapt, translate, or create derivative works based upon the WeLive Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
vii. Interfere with or damage the operation of the WeLive Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
viii. Manipulate identifiers to disguise the origin of any User Content transmitted through the WeLive Services;
ix. Interfere with or disrupt the WeLive Services or servers or networks connected to the WeLive Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the WeLive Services; use the WeLive Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the WeLive Services, or that could damage, disable, overburden, or impair the functioning of the WeLive Services in any manner;
x. Attempt to circumvent any content filtering techniques employed by WeLive, or attempt to access any service or area of the WeLive Services that you are not authorized to access;
xi. Use the WeLive 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.
WeLive assumes no responsibility and accepts no liability for any User Content or for any loss or damage resulting therefrom. Furthermore, WeLive is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity encountered while using the WeLive Services. Your use of the WeLive Services is at your own risk. Additionally, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the WeLive Services will be free from content prohibited by such rules.
WeLive disclaims any endorsement of User Content, opinions, recommendations, or advice expressed therein. To the fullest extent permitted by applicable law, WeLive reserves the right to remove, screen, or edit any User Content posted or stored on the WeLive Services at any time and without notice, especially where such User Content violates these terms of Use of the WeLive Services or applicable law. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the WeLive Services at your sole cost and expense. Any use of the WeLive Services in violation of the foregoing constitutes a breach of these terms of Use of the WeLive Services and may result in, among other things, termination or suspension of your rights to use the WeLive Services.
You may only engage in the acquisition of virtual tokens ("Tokens") and virtual gifts (Gifts), send Gifts to others, receive Gifts with monetary value, earn virtual credits ("Credits"), and initiate Credit withdrawals if you have reached the age of 18 (or the age of majority in your jurisdiction) or older.
The pricing information for Tokens will be visibly presented during the purchase process. All charges and payments for Tokens will be conducted in the currency specified at the time of purchase through the relevant payment mechanism. Any currency exchange settlements, foreign transaction fees, and payment channel fees, if applicable, will be governed by your agreement with the pertinent payment provider.
You shall bear the responsibility for the payment of any Tokens you acquire. Upon the completion of your purchase, your user account will be credited with the respective amount of Tokens. These Tokens can be utilized exclusively for the acquisition of Gifts within the WeLive platform. It is explicitly stated that Tokens hold no redeemable value for cash, legal tender, currency of any state, region, political entity, or any other form of credit. Furthermore, Tokens can only be utilized on WeLive and as an integral component of our WeLive Services. They cannot be amalgamated or used concurrently with other promotions, coupons, discounts, or special offers, unless expressly designated by us.
With the exception of provisions specified elsewhere in this Agreement, all sales of Tokens and Gifts are deemed final, and we do not entertain requests for refunds pertaining to any Tokens or Gifts that have been purchased. Tokens and Gifts are non-convertible and non-exchangeable for cash and shall not be subject to reimbursement or compensation by us for any reason.
We accept a variety of payment methods on our platform, including major credit cards, select debit cards, and any additional payment methods that we may introduce periodically through our website. Your choice of payment method is governed by the respective terms and conditions associated with that method. When you place an order through our Service, you hereby authorize either us or our designated payment processor to charge the specified account for the total purchase amount.
In order to facilitate payments through financial institutions and to comply with relevant international, national, federal, state, and local laws and regulations, our payment processing partners may request specific personal information from you. This information may include a valid government-issued ID, your legal name, address, and date of birth. Additionally, our payment processing partners may communicate directly with you to address any payment-related issues.
Should your online purchase encounter a decline due to payment method issues, please verify the accuracy of all provided data and resubmit the transaction. If the issue persists, or for any other purchase-related inquiries, please contact our customer support via the designated email address associated with your purchase, which is service@welive.mobi for Service-related purchases. We are here to assist you promptly and efficiently.
i. In-App Purchases: WeLive may offer in-app purchases through authorized platforms. Upon confirmation, your Payment Method will be charged for the selected services, including applicable taxes.
ii. Auto-Renewal, Automatic Card Payment: For auto-recurring subscriptions, your Payment Method will be billed until canceled. After the initial commitment, the subscription continues unless canceled before renewal. Card payment information is stored for automatic payments as per the Agreement.
iii. Objections to Payment: Disputes for payments made directly by Welive or third-party accounts should be directed to Customer Support. You may also object by contacting your bank. Withdraw consent to automatic payments at any time but remain obligated to pay outstanding amounts.
iv. Subscription Changes or Termination: Log in to your third-party account or WeLive settings to modify or terminate subscriptions. Deleting your WeLive account or application does not cancel subscriptions; funds will be retained until canceled on WeLive or the third-party account.
v. Refund Requests:
vi. Pricing: WeLive's global pricing varies based on region, subscription length, bundle size, and promotions. We may test new features and payment options regularly.
All textual, data, visual, auditory, and/or audio-visual information, including but not limited to images, graphics, and materials accessible through the WeLive Services provided by WeLive, are the exclusive property of WeLive and are safeguarded by copyright, trademark, and other applicable intellectual property laws. This Agreement does not confer upon you any license or rights, whether explicitly or implicitly, with respect to the intellectual property contained within the aforementioned materials.
By utilizing and/or uploading any live stream content or other materials via WeLive Services to publicly accessible areas of the WeLive website, you hereby grant WeLive and its sub-licensees the permission, free of charge, to acquire permanent, irrevocable, non-exclusive, and fully sub-licensable rights and licenses. This grant encompasses, without any territorial or temporal limitations and without necessitating approvals or compensation, the authority to use, copy, modify, adapt, publish, translate, edit, dispose of, create derivative works from, distribute, perform, and publicly display such content (whether in whole or in part). Additionally, this permission extends to the incorporation of such content into existing or future forms of work, media, or technology.
To the fullest extent permitted by applicable law, WeLive reserves the right, without notice and in our sole discretion, to terminate your license to use the WeLive Services (including to post User Content), and to block or prevent your future access to and use of the WeLive Services, including where we reasonably consider that: (a) your use of the WeLive Services violates this Agreement or applicable law; (b) you fraudulently use or misuse the WeLive Services; or (c) we are unable to continue providing the WeLive 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. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the WeLive Services, (ii) any term of these terms of WeLive Services, (iii) any policy or practice of WeLive in operating the WeLive Services, or (iv) any content or information transmitted through the WeLive Services, is to terminate your account and to discontinue use of any and all parts of the WeLive Services.
You shall assume full responsibility for any risks associated with the utilization of WeLive Services. The use or reliance upon WeLive Services is entirely at your own risk.
WeLive provides no assurance that the Services will meet your requirements, nor does it guarantee uninterrupted service. The timeliness, security, and accuracy of WeLive Services are not warranted. You explicitly acknowledge and agree that WeLive Services are provided by WeLive on an "as is" basis. WeLive makes no explicit or implied representations or warranties regarding the operation and provision of such WeLive Services or any of its components. WeLive shall not be held liable in any manner for the quality, timeliness, accuracy, or completeness of WeLive Services, and disclaims any responsibility for consequences arising from your utilization of said services.
The accuracy and integrity of any external links accessible through WeLive Services, as well as those placed for your convenience, are not guaranteed by WeLive. WeLive disclaims responsibility for the content of linked sites and any links contained therein. WeLive shall not be held directly or indirectly responsible or liable for any loss or damage incurred in connection with your use of WeLive Services. Furthermore, WeLive assumes no responsibility for the content of webpages to which you are directed via external links beyond WeLive's control.
WeLive disclaims any liability for service interruptions or inadequacies in WeLive Services caused by force majeure or circumstances beyond WeLive's control. Nonetheless, WeLive will make reasonable efforts to minimize losses and impact on your part to the extent possible.
11.Legal Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to choice of law principles. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. To make a request, please go here.
All requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from any WeLive Services must be made using the appropriate level of legal process, and must be properly served on WeLive via 億趣科技有限公司 EFun Games Co., Limited.
We amend these terms of the Agreement from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these terms, such as through a notice on WeLive platform. However, you should look at the Agreement regularly to check for such changes. Your continued access or use of the WeLive Services after the date of the new terms constitutes your acceptance of the new terms. If you do not agree to the new terms, you must stop accessing or using the WeLive Services.
This Agreement constitutes the entire agreement of agreed items and other relevant matters between both parties. Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement.
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.
The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement.