1. CONSENT AND ACCEPTANCE
1.1 When you access to the website of LIKE, download our App LIKE and install it to your device, this user agreement (“Agreement) would reach you and request you to agree after your careful reading, understanding to be bound by the Agreement before you proceed to enjoy your fun through our app. You are one party and the other party is BIGO TECHNOLOGY PTE. LTD.(”BIGO”),a company registered in the Republic of Singapore with its registered address at 391B ORCHARD ROAD #15-05 NGEE ANN CITY SINGAPORE 238874.
1.2 Except as expressly provided in this Agreement, the Agreement does not provide for the terms of service relating to the use of BIGO LIVE, or other application or other services of BIGO. You shall enter into relevant user agreement with BIGO if you intend to use such app or service as aforementioned.
1.3 BIGO reserves its sole and absolute discretion to modify or revise the Agreement as it deems necessary. You are required to review regularly the Agreement at https://mobile.like.video/live/about/userAgreement to get the up-to-date version, and continual use of LIKE shall be deemed that you agree to be bound by modifications or revisions as may be conducted by BIGO in the Agreement.
2. TERMS AND CONDITIONS
2.1 LIKE is instrumental and serves as an intermediary for users to share their recorded moment, and other services as may be offered by LIKE (“Service”).
2.2 BIGO does not endorse any content produced through LIKE by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and BIGO expressly disclaims any and all liability in connection with the content on LIKE.
2.3 You may choose to upload to our platform specially designed for LIKE music, video or any other audio works or video works that you create yourself and represent that such works shall not infringe any intellectual property rights or interest of any other third party. You agree that BIGO can remove such works in accordance with BIGO’s policy upon receiving notification of complaint of infringement.
2.4 BIGO provides the Service to you for free and in return for enjoying such free access and use of the Service, you acknowledge and agree that BIGO may generate revenues, increase goodwill or otherwise increase the value of BIGO from your use of the Service.
2.5 To its best knowledge, BIGO operate LIKE in compliance with applicable laws and/or regulation in jurisdiction where LIKE is allowed to operate. BIGO makes no representation that BIGO’s user generated contents or practices would be legal in every jurisdiction. It’s your responsibility to check and see whether LIKE’s operation is prohibited or not in your country of residence.
2.6 Generally, you may only use LIKE if you are civilly capable of accepting the service and not under the age of certain number, which tells a minor from a major in your resident country. If are residing in the following regions or countries, you must also have reached certain minimum age in order to access LIKE: in European Union, the minimum age is 16 years old, in United State, 15 years old; and in the Russian Federation, 12 years old. If you are a minor, or if you are below the applicable minimum age, you may only use LIKE if your guardian has provided us with valid consent for you to use LIKE. You may not falsely claim you have reached the minimum age if you are actually not.
2.7 Subject to 2.4 in this Agreement, you are encouraged to produce video through APP LIKE which may last for period ranging from 0.5 seconds to 60 seconds and share it on our APP and other social media platform such as WhatsApp, Instagram, Facebook, Messenger, Twitter, imo, hike, VK, WeChat, QQ, Weblog, and Musical.ly.
2.8 You shall not reproduce, distribute, publicly perform, communicate to the public, synchronize or otherwise use and exploit any third party content, including, but not limited to, sound recordings or musical works in your videos. You are solely responsible for clearing the rights to any third party content, including, but not limited to, sound recordings and musical works for use in video you produce and share on LIKE or other social medial platforms.
2.9 You agree not to use LIKE to conduct any activities that are against religious principles or public policies. You shall not use LIKE to conduct any activities that are in relation with terrorism, pornography, religious extremism, drugs traffic or other illegal activities.
2.10 You agree not to use the Service for any of the following commercial uses unless you obtain BIGO's prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; Prohibited commercial uses do not include: uploading an original short video to LIKE, or maintaining an original channel on LIKE;
2.11 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to LIKE servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
2.12 You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any videos or enforce limitations on use of the Service or the content therein.
2.13 If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
2.14 One party may terminate this Agreement by sending a termination email to the other.
3.1 If you register for an account, you shall be assigned an account with a password set by yourself once you complete your registration process in accordance with our requirement. Without our prior written approval, you cannot transfer the account to any other third party.
3.2 You will not create an account for anyone other than yourself without permission and you will not create more than one personal account. And if BIGO disabled your account, you will not create another one without our permission.
3.3 Although BIGO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BIGO or others due to such unauthorized use.
3.4 BIGO may disable your account if BIGO reasonably believes that you use this account to carry out any illegal activities.
3.6 Notwithstanding the foregoing, BIGO may disclose your registered information to our affiliated companies for data analysis from commercial perspective or disclose your registered information to our partner if such partner agrees to protect the information in the way BIGO does.
3.7 Unless otherwise required by the applicable law, no refund will be entertained after the virtual items has been purchased.
4. INTELLECTUAL PROPERTY
4.1 All text, data, images, graphics, audio and/or video information and other materials produced when using our app or service are property of our company and are protected by copyright, trademark and/or other intellectual property rights laws. Nothing in this Agreement shall be construed as conferring you any license of any intellectual property rights or such materials.
4.2 You are prohibited from copying, displaying, downloading, modifying, reproducing or creating any derivative works of such materials, directly or indirectly published, performed, rewritten or republished for performance or distribution purposes, or otherwise used for commercial purposes without prior written consent from us.
4.3 BIGO shall not be liable for any loss or damage incurred by you when using LIKE or service or incurred by systematical problem.
4.4 Any intellectual property rights of any software, works (including, but not limited to, any images, photos, animations, video recordings, audio recordings, music, text, add-on programs and supplementary material) belonging to any third party shall not be infringed. You can not reverse engineer, decompile or disassemble such software or works without the prior permission of the copyright holder.
4.5 The content on your recorded short videos on LIKE, and the trademarks, service marks and logos ("Marks") in the videos, are owned by or licensed to BIGO, subject to copyright and other intellectual property rights under the law.
4.6 You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish videos you submit; and you license to BIGO all patent, trademark, trade secret, copyright or other proprietary rights in and to such videos for publication on the Service pursuant to the Agreement.
4.7 You hereby grant BIGO a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit and perform the videos in connection with the Service, which is perpetual and irrevocable.
5. LIMITATION OF LIABILITY AND INDEMITY
5.1 To the fullest extent permitted by law, in no event shall BIGO, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any of the following,
i errors, mistakes, or inaccuracies of your video on LIKE or other social media,
ii personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,
iii any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
iv any interruption or cessation of transmission to or from our services,
v any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or
vi any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not BIGO is advised of the possibility of such damages.
5.2 To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BIGO, its parent corporation, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
i your use of and access to the Service;
ii your violation of any term of the Agreement;
iii your violation of any third party right, including without limitation any copyright, property, or privacy right; or
iv any claim that your videos caused damage to a third party. This defense and indemnification obligation will survive the Agreement and your use of the Service.
6.1 You agree that: (i) the Service shall be deemed solely based in Republic of Singapore; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over BIGO, either specific or general, in jurisdictions other than the Republic of Singapore.
6.2 You agree that the laws of the Republic of Singapore, excluding choice of law rules, will apply to the Agreement
6.3 For any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, the competent courts in Republic of Singapore.
6.4 BIGO operates a clear copyright policy in relation to LIKE and has adopted a general policy regarding copyright in accordance with the Copyright Act (Parliamentary Legislation, Chapter 63, Revised Edition 2006) of The Republic of Singapore. Details of that policy can be found here https://mobile.like.video/live/about/copyrightPolicy
6.5 Unenforceability of some terms of the Agreement shall not affect validity of any other terms. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and BIGO's failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision.
6.6 If you have comments and suggestions with respect with anything related to the Agreement, you may contact firstname.lastname@example.org
6.8 This agreement may appear in different languages and the English version shall prevail if any content of any other version in any other language conflicts with the equivalent part of this English version.