To use the Moko Live software (hereinafter referred to as "the Software") and its services, you shall read and comply with the "YY Software License and Service Agreement" (hereinafter referred to as "this Agreement"). Please carefully read and fully understand the contents of each clause, especially the clauses that exempt or limit liability, as well as separate agreements for activating or using a specific service, and choose to accept or reject them. Restrictive and liability exemption clauses may be highlighted in bold to draw your attention.
Unless you have read and accepted all the terms of this Agreement, you have no right to download, install, use, or obtain an account for the Software, or log in with the Software account, etc. Your acts of downloading, installing, using, obtaining a Software account, logging in with the Software account, etc., shall be deemed as your having read and agreed to be bound by the above agreements.
If you do not agree with this Agreement and/or any modifications thereto at any time, please immediately stop using all services provided by the Software; once you use the Software services, it shall be deemed that you have understood and fully agreed to all the contents of this User Agreement, including any modifications made to the User Agreement by the Software at any time, and you become a user of the Software (hereinafter referred to as "User").
The Software provides services to you in accordance with the following service terms. These terms may be updated by the Software at any time without prior notice. Once the User Agreement for the Software is changed, the Software will publish the revised content on the webpage. The revised User Agreement shall immediately replace the original one upon publication on the webpage.
If you are under 18 years of age, please read this Agreement and other aforementioned agreements accompanied by your legal guardian, and pay special attention to the terms for minors' use.
1. Scope of the Agreement
1.1 Scope of Applicable Subjects of the Agreement
This Agreement is entered into between you and the Software regarding your downloading, installation, use, reproduction of the Software, and use of the services related to the Software.
1.2 Agreement Relationship and Conflict Clauses
This Agreement also includes relevant agreements, business rules, etc. for the Services that may be continuously released by the Software. The above contents, once officially released, shall be an integral part of this Agreement, and you shall also comply with them.
2. Service Content
2.1 The specific content of the Services shall be provided by the Software according to actual circumstances, including but not limited to authorizing Users to conduct real-time communication, follow others, etc. through their accounts. The Software may change the Services it provides, and the content of the Services provided by the Software may be changed at any time; Users will receive notifications from the Software regarding changes to the Services.
2.2 The Services provided by the Software include free services and paid services.
3. Protection of Users' Personal Information
3.1 Protecting Users' personal information is a basic principle of the Software. The Software will take reasonable measures to protect Users' personal information. Except as required by laws and regulations, the Software will not disclose or reveal Users' personal information to third parties without Users' permission. The Software adopts professional encrypted storage and transmission methods for relevant information to ensure the security of Users' personal information.
3.2 In the process of registering an account or using the Services, you may need to provide certain necessary information, such as: to provide account registration services or conduct user identity verification, you need to fill in your mobile phone number and other information. If national laws, regulations or policies have special provisions, you need to provide real identity information. If the information you provide is incomplete, you may not be able to use the Services or be restricted during use.
3.3 In general, you can browse and modify the information you submit at any time, but for security and identity verification (such as number appeal services) considerations, you may not be able to modify the initial registration information and other verification information provided during registration.
3.4 The Software will use various security technologies and procedures to establish a sound management system to protect your personal information from unauthorized access, use or disclosure.
3.5 Without your consent, the Software will not disclose your personal information to any company, organization or individual outside the Software, except as otherwise provided by laws and regulations.
3.6 The Software attaches great importance to the protection of minors' personal information. If you are a minor under 18 years of age, you shall obtain the written consent of your parent or legal guardian in advance before using the services of the Software.
4. Main Rights and Obligations Clauses
4.1 Account Usage Norms
You need to register a Software account before using the Services. The Software account can be registered by binding a mobile phone number account. The Software has the right to change the way of account registration and binding according to user needs or product requirements.
The ownership of the Software account belongs to the Software company. After the User completes the application and registration procedures, he/she only obtains the right to use the Software account, and such right to use only belongs to the initial applicant and registrant. Meanwhile, the initial applicant and registrant shall not donate, lend, lease, transfer, sell the Software account, or authorize non-initial applicants and registrants to use the Software account in any other way. Non-initial applicants and registrants shall not use the Software account through donation, inheritance, lease, transfer or any other means.
Users are responsible for properly keeping the registered account information and account password, and Users shall be legally liable for all behaviors under the registered account and password. Users agree not to disclose account and password information to others under any circumstances. If you suspect that others are using your account, you shall immediately notify the Software company.
If a User does not log in to the registered Software account for a long time after registration, the Software has the right to recover the account to avoid resource waste, and any losses arising therefrom shall be borne by the User.
4.2 User Notes
You understand and agree that: to provide you with effective services, the Software will utilize the processor, bandwidth and other resources of your mobile communication terminal. The use of the Software may incur data traffic fees, and Users need to learn about relevant tariff information from operators and bear such fees on their own.
You understand and agree that: certain functions of the Software may allow third parties to know your information, for example: your friends on the Software can query your avatar, name, basic information, etc., and you can set sensitive information as confidential.
When you use a specific service of the Software, there may be separate agreements, relevant business rules, etc. for such service (hereinafter collectively referred to as "Separate Agreements"). Please read and agree to the relevant Separate Agreements before using such service.
You understand and agree that the Software will use its commercially reasonable efforts to ensure the security of data storage in the Software and Services for you, however, the Software cannot provide a complete guarantee for this, including but not limited to the following situations:
(1) The Software shall not be liable for the deletion or storage failure of relevant data in the Software and Services for you;
(2) The Software has the right to independently determine the maximum storage period of data for a single User in the Software and Services according to actual circumstances, and allocate the maximum data storage space for them on the server, etc. You may back up relevant data in the Software and Services according to your own needs;
(3) If you stop using the Software and Services or the Services are terminated or cancelled, the Software may permanently delete your data from the server. After the Services are stopped, terminated or cancelled, the Software has no obligation to return any data to you.
When using the Software and Services, Users shall bear the following risks beyond the control of the Software on their own, including but not limited to:
(1) Risks such as loss or leakage of personal information that may be caused by force majeure;
(2) Users must select a software version matching the installed mobile phone, otherwise, any problems or damages caused by the incompatibility between the software and the mobile phone model shall be borne by the User;
(3) Risks and liabilities that may arise from the forwarding and sharing of content published by Users;
(4) Risks such as failure to log in to the Software, incomplete data synchronization, and slow page opening speed caused by unstable wireless network signals, small wireless network bandwidth, etc.
Third-Party Products and Services
(1) When you use products or services provided by third parties on the Software, in addition to complying with the provisions of this Agreement, you shall also comply with the user agreements of third parties. The Software and third parties shall each bear liability within the scope prescribed by law and agreed upon for any disputes that may arise.
(2) When you use the Software or request the Software to provide specific services, the Software may call third-party systems or support your use or access through third parties, and the results of use or access shall be provided by such third parties (including but not limited to services provided by third parties through the official accounts of the Software, or content accessed through the open platform, etc.). The Software does not guarantee the security, accuracy, effectiveness and other uncertain risks of services and content provided through third parties. Any disputes and damages arising therefrom shall be unrelated to the Software, and the Software shall not bear any liability.
5. User Behavior Norms
5.1 Information Content Norms
The information content referred to in this clause means any content produced, copied, published, or disseminated by Users in the course of using the Software and Services, including but not limited to registration information such as Software account avatars, names, user descriptions, or texts, pictures sent or replied to, and other content generated by using Software accounts or the Software and Services.
You understand and agree that the Software has always been committed to providing Users with a civilized, healthy, standardized and orderly network environment. You shall not use Software accounts or the Software and Services to produce, copy, publish, or disseminate content that interferes with the normal operation of the Software and infringes upon the legitimate rights and interests of other Users or third parties, including but not limited to:
(1) Publishing, transmitting, disseminating, or storing content that violates national laws, endangers national security and unity, social stability, public order and good morals, social morality, as well as content that is insulting, defamatory, obscene, or contains any sexual or sexually suggestive, violent content;
(2) Publishing, transmitting, disseminating, or storing content that infringes upon others' right of reputation, portrait right, intellectual property rights, trade secrets and other legitimate rights;
(3) Disclosing others' privacy, personal information or data;
(4) Publishing, transmitting, disseminating harassing, advertising and spam information;
(5) Other information that violates laws, regulations, policies, public order and good morals, social morality, or interferes with the normal operation of the Software and infringes upon the legitimate rights and interests of other Users or third parties.
5.2 Software Usage Norms
Unless permitted by law or in writing by the Software, you shall not engage in the following acts in the course of using the Software:
Deleting information about copyright on the Software and its copies;
Reverse engineering, reverse assembling, reverse compiling the Software, or attempting to discover the source code of the Software by any other means;
Using, renting, lending, copying, modifying, linking, reprinting, compiling, publishing, mirroring, or otherwise using the content of which the Software owns intellectual property rights;
Copying, modifying, adding, deleting, hooking, or creating any derivative works of the data released by the Software into the memory of any terminal during operation, the interactive data between the client and the server during the operation of the Software, and the system data necessary for the operation of the Software, including but not limited to using plug-ins, cheats, or unauthorized third-party tools/services to access the Software and related systems;
Modifying or forging instructions and data during the operation of the Software, adding, deleting, changing the functions or operation effects of the Software, or operating or disseminating the software or methods used for the above purposes to the public, regardless of whether these acts are for commercial purposes;
Logging in or using the Software and Services through third-party software, plug-ins, cheats, systems not developed or authorized by the Software, or producing, publishing, or disseminating the above tools;
Interfering with the Software, its components, modules, or data by yourself or authorizing others or third-party software;
Other acts not expressly authorized by the Software.
5.3 Service Operation Norms
Unless permitted by law or in writing by the Software, you shall not engage in the following acts in the course of using the Services:
Submitting or publishing false information, or impersonating or using others' names;
Inducing other Users to click on linked pages or share information;
Fabricating facts or concealing the truth to mislead or deceive others;
Infringing upon others' right of reputation, portrait right, intellectual property rights, trade secrets and other legitimate rights;
Using Software accounts and any functions, as well as third-party operation platforms for promotion or mutual promotion without the written permission of the Software;
Using Software accounts or the Software and Services to engage in any illegal or criminal activities;
Producing, publishing, or disseminating methods and tools related to the above acts, or operating or spreading such methods and tools, regardless of whether these acts are for commercial purposes;
Other acts that violate the provisions of laws and regulations, infringe upon the legitimate rights and interests of other Users, interfere with the normal operation of the product, or are not expressly authorized by the Software.
5.4 Responsibility for Own Behaviors
You fully understand and agree that you must be responsible for all behaviors under your registered account, including any content you publish and any consequences arising therefrom. You shall independently judge the content in the Services and bear all risks arising from the use of the content, including risks arising from reliance on the correctness, completeness, or practicality of the content. The Software cannot and will not be liable for any losses or damages resulting from the aforementioned risks.
5.5 Breach Handling
If the Software discovers or receives reports or complaints from others that a User has violated the provisions of this Agreement, the Software has the right to delete the relevant content at any time without notice, and impose penalties on the violating account according to the severity of the act, including but not limited to warning, restricting or prohibiting the use of all or part of the functions, account suspension until cancellation, and announce the handling results.
You understand and agree that the Software has the right to impose penalties for acts that violate relevant laws and regulations or the provisions of this Agreement based on reasonable judgment, take appropriate legal actions against any illegal or violating User, and preserve relevant information to report to relevant departments in accordance with laws and regulations. Users shall independently bear all legal liabilities arising therefrom.
You understand and agree that if any claims, demands or losses asserted by a third party arise due to your violation of this Agreement or the provisions of relevant service terms, you shall independently bear the liability; if the Software suffers losses as a result, you shall also compensate for such losses in full.
6. Intellectual Property Rights Statement
6.1 The Software is the intellectual property right holder of the Software. All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the Software, as well as all information content related to the Software (including but not limited to text, pictures, audio, video, charts, interface design, layout framework, relevant data or electronic documents, etc.) are protected by the laws of the People's Republic of China and corresponding international treaties. The Software enjoys the above intellectual property rights, except for the rights that relevant right holders are entitled to in accordance with law.
6.2 Without the written consent of the Software or relevant right holders, you shall not independently or authorize any third party to implement, use, or transfer the above intellectual property rights for any commercial or non-commercial purposes.
7. Terminal Security Liability
7.1 You understand and agree that, like most Internet software, the Software may be affected by various factors, including but not limited to user reasons, network service quality, social environment, etc.; it may also be subject to various security problems, including but not limited to others illegally using user data to conduct harassment in reality; other software downloaded and installed by Users or other websites visited may contain viruses, Trojan programs or other malicious programs, threatening the information and data security of your terminal device, and then affecting the normal use of the Software, etc. Therefore, you should enhance the awareness of information security and personal information protection, pay attention to password protection, so as to avoid losses.
7.2 You shall not produce, publish, use, or disseminate malicious programs for stealing Software accounts and others' personal information and property.
7.3 Maintaining the security and normal use of the Software is a joint responsibility of the Software and you. The Software will take necessary technical measures to protect the information and data security of your terminal device in accordance with industry standards with reasonable prudence, but you acknowledge and agree that the Software cannot provide a complete guarantee for this.
7.4 Under any circumstances, you should not easily believe online information involving borrowing money, asking for passwords or other property-related matters. For property-related operations, please verify the identity of the other party first, and pay attention to the prompts of the Software on preventing fraud crimes from time to time.
8. Third-Party Software or Technology
8.1 The Software may use third-party software or technology (including open source code and public domain code that may be used by the Software, the same below), and such use has obtained legal authorization.
8.2 If the Software uses third-party software or technology, the Software will display the relevant agreements or other documents in the form of annexes to this Agreement, packaged in specific folders of the Software installation package, etc., in accordance with relevant laws and regulations or agreements. They may be expressed in the form of "Software License Agreement", "Authorization Agreement", "Open Source Code License" or other forms. The aforementioned relevant agreements or other documents displayed in various forms are all integral parts of this Agreement and have the same legal effect as this Agreement, and you shall comply with these requirements. If you fail to comply with these requirements, the third party or national authorities may initiate litigation, impose fines or take other sanctions against you, and require the Software to provide assistance, and you shall independently bear legal liability.
8.3 Any disputes arising from the third-party software or technology used by the Software shall be resolved by the third party, and the Software shall not bear any liability. The Software does not provide customer support for third-party software or technology. If you need to obtain support, please contact the third party.
9. Miscellaneous
9.1 Your use of the Software shall be deemed as your having read and agreed to be bound by this Agreement. The Software has the right to modify the terms of this Agreement when necessary. You may review the relevant agreement terms in the latest version of the Software. After the terms of this Agreement are changed, if you continue to use the Software, it shall be deemed that you have accepted the revised agreement. If you do not accept the revised agreement, you shall stop using the Software.
9.2 The place of conclusion of this Agreement is Huangpu District, Shanghai, People's Republic of China.
9.3 The conclusion, entry into force, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the mainland of the People's Republic of China (excluding conflict of laws).
9.4 If any dispute or controversy arises between you and the Software, it shall first be resolved through friendly negotiation; if negotiation fails, you agree to submit the dispute or controversy to the people's court with jurisdiction in the place where this Agreement is concluded.
9.5 The headings of all clauses of this Agreement are for reading convenience only, have no actual meaning, and cannot be used as the basis for interpreting the meaning of this Agreement.
9.6 If any clause of this Agreement is invalid or unenforceable for any reason, the remaining clauses shall still be valid and binding on both parties.
Supplementary Agreement for Users of the Software
1. General Provisions
1.1 Users agree to the terms of this Agreement and complete the picture and text upload process in accordance with the prompts on the page. User registration shall constitute full acceptance of all clauses under this Agreement.
1.2 When uploading pictures and texts on the Software, Users shall use a registered valid username and password. The user account and password shall be kept by the User, and the User shall not transfer the account and password to any third party; the User shall be legally liable for all activities and events conducted with his/her user account.
1.3 When uploading pictures and texts, Users shall comply with the provisions of this Agreement and the laws and regulations of the People's Republic of China at the same time. The user agreement and other relevant agreements related to the upload of pictures, texts and live broadcasts may be updated by the Software at any time without prior notice. When using relevant services, Users shall pay attention to and comply with the relevant terms applicable to them.
1.4 Before uploading pictures and texts on the Software, Users must confirm that they have absolute copyright to the video, or have obtained permission from the copyright owner to publish it.
2. Legitimate Use of Picture and Text Upload Services
2.1 When uploading pictures and texts, Users must comply with the relevant national laws and regulations, and bear all civil, administrative or criminal legal liabilities resulting from improper release of information. The content published by Users on the Software shall not contain the following content:
Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
Inciting ethnic hatred, ethnic discrimination, or undermining ethnic unity;
Undermining the national religious policy, advocating cults and feudal superstitions;
Spreading rumors or false information, disturbing social order, or undermining social stability;
Inciting, organizing, or abetting terrorist activities, illegal assemblies, associations, processions, demonstrations, or gathering crowds to disrupt social order;
Spreading obscene, pornographic, gambling, violent, terrorist content or abetting crimes;
Infringing upon others' intellectual property rights (copyright, patent, trademark);
Infringing upon others' personal rights (such as right of reputation, portrait right, privacy right, right of name);
Other acts that violate laws and regulations and the user rules of the Software.
2.2 If Users fail to abide by the provisions of the Agreement when publishing pictures, texts and live broadcasts, the Platform may delete the videos published by Users to maintain the image, reputation and security of the Platform, without the approval or notice of Users, and impose penalties on Users who violate the Agreement, such as closing IDs, temporarily or permanently prohibiting publishing pictures, texts and live broadcasts on the Website. At the same time, the Software reserves the right to pursue legal liability against the parties in accordance with law. Users shall independently bear legal liability for their behaviors on the Software platform. If a User's behavior does not comply with the above service terms and this Agreement, the Software has the right to make an independent judgment to cancel the User's service account immediately. If a User disseminates and propagates reactionary, pornographic or other information that violates national laws on the Software, the system records of the Software may be used as evidence of the User's violation of laws.
3. Protection of Intellectual Property Rights and Other Legitimate Rights and Interests
3.1 The picture and text upload function provided by the Software is specially designed to provide services for works created by Users themselves or with legitimate sources. The Software respects others' intellectual property rights and legitimate rights and interests. Please ensure that you have the copyright and information network dissemination right of the uploaded video content or have obtained the permission of all the above right holders before uploading videos; if the copyright of the uploaded content has defects, the Software has the right to delete it by itself without the consent or prior notice of the User. The User shall be liable for compensation for any losses caused to the Software due to copyright issues of the live broadcast video.
3.2 For the picture and text content uploaded by Users to the Software, Users agree that the Software shall have the free, permanent, irrevocable, non-exclusive and fully sublicensable right and license worldwide to use, copy, modify, adapt, publish, translate, create derivative works based on, disseminate, perform and display such content (in whole or in part), and/or incorporate such content into any other form of works, media or technologies known at present or developed in the future.
3.3 Users shall ensure that the uploaded picture and text content has obtained the permission of the photographed person (if any), and that the live broadcast content does not infringe upon others' personal rights and personality rights, including but not limited to right of reputation, portrait right, privacy right, right of name, and there are no any copyright disputes.
4. Disclaimer
4.1 The Software solemnly reminds you that the provider of the content shall be responsible for any picture and text content uploaded through the Services. The Software cannot fully control the content uploaded through the Services, nor can it fully control the use behaviors of Users, so it does not guarantee the legality, correctness, completeness, authenticity or quality of the content uploaded by Users. However, under any circumstances, the Software has the right to stop transmitting any of the aforementioned content in accordance with law and take corresponding actions, including but not limited to suspending all or part of the User's use of the Services, keeping relevant records, and reporting to relevant authorities.
4.2 Users clearly agree that all risks arising from their use of the Software's network services shall be borne entirely by themselves; all consequences arising from their use of the Software's network services shall also be borne by themselves, and the Software shall not bear any liability to Users. Users fully understand and agree that if a third party uploads videos related to you to the Software without your knowledge or consent, and any possible acts that infringe upon your rights and interests arising therefrom, as well as any disputes arising therefrom, shall be directly communicated and resolved by the User with the right holder. The Software, as a third party, shall not bear any legal liability. If the Software suffers losses as a result, the User shall bear full compensation liability.
4.3 Users understand and agree that the Software platform may need maintenance or debugging, which may cause inconvenience to Users during the platform maintenance or adjustment period.
4.4 The Software shall not bear any liability for any inconvenience and possible losses caused to Users due to force majeure, system failures, system maintenance, hacker attacks, computer viruses, technical adjustments or failures of telecommunications departments, website upgrades, government control, equipment damage, etc.
5. Compensation for Breach
Users agree to protect and safeguard the interests of the Software and other Users. If Users cause losses to the Software or any other third party due to violation of relevant laws, regulations or any clauses under this Agreement, Users agree to bear the liability for damages arising therefrom. If the Software is liable to a third party due to the User's behavior, the Software has the right to recover compensation from the User.
6. Legal Jurisdiction
6.1 The conclusion, execution, interpretation and dispute resolution of this Agreement shall all be governed by Chinese law and subject to the jurisdiction of Chinese courts.
6.2 If any dispute or controversy arises between the two parties regarding the content of this Agreement or its execution, the two parties shall try to resolve it through friendly negotiation; if negotiation fails, either party may file a lawsuit with the people's court at the place where the operator of the Software is located. (End of Text)