This Terms of Service (hereinafter referred to as “Agreement”) applies on the effective date [09/06/2023]. The previous version of this Agreement will apply until then.

We, [Nirkum entertainment private limited] and our affiliates (referred as, “we” or “us”) hereby advise you to carefully read and understand this Agreement before registering for our Services.

In order to clarify rights and obligations of all parties, and protect the legitimate rights and interests of all parties, this agreement is specially formulated. This Agreement applies to websites, apps, events and other services operated by us (“Services”).The content highlighted in bold and underlined in this Agreement is specifically reminded for your attention. Please ensure that you fully understand the terms of this Agreement. You are not authorized to register, log in or use our Services or Software (hereinafter referred to as “Software”) unless you accept all the terms including but not limited to the Agreement,  Privacy Policy and Community Guidelines (collectively, the “Terms”). Your registration, login, usage, etc. will be deemed as acceptance of this Agreement and that you agree to be bound by the terms of this Agreement.

We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time by posting the amended version on relevant pages without prior notice. If you do not agree to these terms or any future amended version, then you must not access or use our Services. Otherwise, your continued use of the Services will constitute your acceptance of any and such revisions. We also reserve the right to cease offering any of the Services.

1. Account Eligibility

1) By using our Services, you represent and warrant that you are fully able and legally competent to enter a binding contract with us following the Laws and Regulations where you reside.

2) In order to use our Services, we may ask you to create an Account (hereinafter referred to as “Account” ), and you must bind your Account with either your mobile phone number, email address or third-party apps’ account (such as your Facebook Account and Google Account). We may modify how your account is registered and logged in when necessary without prior notice.

3) You can access, use some features of our Service only with your authorization of location information, camera or microphone. In the event that you do not wish to provide the respective authorization, you can terminate the same.

4) Your account is for your personal use only. You are forbidden to donate, assign, transfer or sell the Account. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your passwords, verification code or user names.

5) You are responsible for safeguarding your Account. You may use a strong password or limit its use to your account. If your Account encounters hacking or password theft due to your improper handling, we cannot and will not be liable for any loss or damage arising from your failure to keep your Account safe. We will treat all acts staged through your Account as being performed by you. You accept responsibility for all acts done using your Account. If you become aware of any actual or alleged unauthorized use of your Account, please inform us via customer service immediately.

6) You shall abide by the terms of this Agreement and use the Software correctly and appropriately. If you violate any terms, we reserve the right to discontinue or terminate the Services provided to you.

7)We reserve the right to delete or take back your Account at any time at our sole discretion.

8) You may end your agreement with us at any time by deleting your Account and discontinuing your use of the Services.

2. Service Scope

1) The scope of the Services is furnished according to the actual situation, including but not limited to allowing you to live stream, watch live streams, purchase virtual gifts or send them to your hosts, communicate instantly and interact with your friends. We may modify the scope of the Services provided at any time without prior notice to you at our sole discretion.

2) You understand and agree that we are entitled to send you promotional or other relevant business information, notices via email, push messages, SMS, webpage or other means for commercial purposes. You may cancel your subscription to the promotional messages at any time.

3. User Information Protection

1) Your privacy is very important to us. Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as illustrated in the Privacy Policy) of your information.

2) Our Services attach great importance to the protection of minors and will rely on the personal information you provide to determine whether you are an adult or a minor. We specifically remind you that no minors may register for an Account or use the Services.

4. User-Generated Content

1) Users may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, and audio-visual works (“UGC”). Users may also combine and intersperse UGC generated by more than one user to produce collaborative UGC. Users may also overlay music, graphics, stickers, virtual items and other elements provided by us onto this UGC and transmit this UGC through the Services. The information and materials in the UGC have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.

2) Whenever you access or use a feature that allows you to upload or transmit UGC through the Services, or to make contact with other users of the Services, you must comply with the terms and conditions of this Agreement. You may also choose to upload or transmit your UGC on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the terms and conditions of the Agreement. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

3) Any UGC will be considered non-confidential and non-proprietary. You must not post any UGC on or through the Services or transmit to us any UGC that you consider to be confidential or proprietary. When you submit UGC through the Services, you agree and represent that you own that UGC, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.

4) You or the owner of your UGC still own the copyright in UGC sent to us, but by submitting UGC via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your UGC in any format and on any platform. You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your UGC.

5) By posting UGC to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such UGC. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your UGC, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any UGC you Post to or through the Services.

6) We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with our content standards. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any UGC (i) that we consider to violate the Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any UGC that you post to the Services on your personal device(s) in the event that you want to ensure that you have a permanent access to such UGC. We do not guarantee the accuracy, integrity, appropriateness or quality of any UGC, and under no circumstances will we be liable in any way for any UGC.

5. Third Party Products and Services

1) The Services may contain advertisements and promotions offered by third parties and you agree with our display of those advertisements and promotions during the course of using the Services. Unless otherwise expressly regulated by Laws and Regulations, you should be responsible for transactions in accordance with the advertising information, and losses in relation to the transaction. We are not liable for any responsibility, losses arising from the aforesaid transactions.

2) If you choose to use services or products that are displayed on our Software provided by a third party, you shall comply with the third party’s agreement, policy in regard to your behaviors. We cannot guarantee the security, accuracy, validity of third-party services and we are not responsible or liable for losses incurred by you arising from services, products, behaviors of a third party.

6. Membership

1) You may purchase membership service, and the detailed service content and price information are subject to the relevant display pages.

2) We may adjust the membership fee standard and content at any time by displaying the amended version on relevant display pages.

3) No cancelation or refund after successful payment under any circumstances unless Laws and Regulations applicable indicate otherwise. The Membership is auto-renewal unless you turn it off at least 24-hours before the end of current membership period. Certain membership-only features of our Services will terminate automatically upon the expiration date of your membership if you did not choose to auto-renewal your subscription or you did not top-up your subscription in time. The membership period cannot be interrupted or postponed under any circumstance.

4) You confirm that the membership you subscribed to is limited to yourself, and at the same time, you guarantee that you will use the membership reasonably, and not to make illegal profits, nor to transfer the membership to others in any way. If we have reasonable grounds to suspect that you have used the membership service improperly, we reserve the right to cancel your membership and not refund the membership service fee you paid. You are responsible for any losses caused to us, and we reserve the right to claim compensation from you.

5) The content and personal data submitted when subscribing to your membership must be valid and truthful. You must rectify the registered personal data when necessary, otherwise you are liable for any consequences caused by your membership rights being unable to be fully and effectively exercised.

7. Virtual Items

1) You are able to redeem and purchase “virtual items”, as known as U diamonds, Ucoins or others and we reserve the right to change, correct or enrich the respective “currency” names. Unless otherwise specified, virtual items can only be used in the Software and hold no purchasing power in other scenarios.

2) Virtual items can be used to purchase of our several value-added Services, such as sending virtual gifts and participating in in-app events, etc. Specific price information, exchange rate, and usage policy will be determined by us at our sole discretion and displayed on the Software. Unless otherwise provided hereof, virtual items may not be used for any other purposes, such as transactions with third parties, or trading on third-party platforms. If you violate the foregoing requirement, we shall not burden any losses of you or a third party, and if we reasonably suspect that your Account or usage involves cheating operation or abnormal transactions, we reserve the right to suspend, refuse your use of virtual items, until relevant relief measures are taken as provided in this Agreement.

3) You can recharge your virtual items through channels allowed by us. The exchange rate between virtual items and legal currency varies according to your purchase channel, which shall be subject to the description displayed within our Software. We possess the right to change the exchange rate at our sole discretion when necessary and will post it within the Software.

4) You promise not to recharge through illegal or unauthorized channels. If you violate the rules and illegally recharge or purchase virtual items, we do not guarantee that the recharge will be successfully completed. We will not compensate your losses if your rights and interests are damaged as a result of the above actions. We also reserve the right to terminate, restrict your Account, your right to recharge, and pursue your liabilities according to this Agreement.

5) If you recharge or make transactions with third-party resellers, agents or any other third parties in respect to the virtual currencies,  we do not guarantee that the recharge or transactions will be successfully completed and you agree to indemnify, defend and hold harmless us and our affiliates and/or related entities from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including but not limited to attorney’s fees, arising from your above actions. We will not compensate your losses if your rights and interests are damaged as a result of the above actions.

6) Please check your account carefully before recharging. You shall bear all losses on your own owing to incorrect account input, improper operation or lack of understanding about recharging methods, etc., and we will not make any compensation for your losses.

7) UNLESS OTHERWISE REGULATED BY LAWS AND REGULATIONS, ALL PURCHASES OF VIRTUAL ITEMS MADE THROUGH THE SERVICES ARE FINAL, NON-REFUNDABLE, NON-TRANSFERABLE UNDER ANY CIRCUMSTANCES. FOR AVOIDANCE OF DOUBT, IN REGARDING ANY SERVICES AND PRODUCTS PURCHASED BY YOU, YOU ARE NOT ALLOWED TO REFUND OR TRANSFER THE VIRTUAL ITEMS TO OTHER SERVICES OR PRODUCTS.

8) We reserve the right to set out or modify rules in connection with virtual items and other transactions over time according to various factors, including, without limitation to transaction limits. You understand and confirm that the above-mentioned rules or modifications may cause some inconvenience to you and that you have no objection to all.

9) You confirm that we shall not be responsible for losses arising from our inability to provide virtual currency service or any issues in providing virtual items caused by the following reasons:

• Due to loss, ban or freezing of your Account;
• Your password is disclosed for theft or misappropriation of your user names, passwords and etc.;
• Due to faults of any payment channel institution;
• Caused by intentional or gross negligence or violation of Laws and Regulations of other users;
• Other reasons caused by yourself.

11) You may receive some virtual gains in the course of using our Services, such as points and we reserve the right to change, correct or enrich the respective virtual gains. Unless otherwise agreed between you/your agent and us, you are only allowed to use virtual gains supported by our Services according to our Policy as disclosed within the Software, such as exchanging into virtual items. We reserve the right of final interpretation on such virtual gains and related policies. We have the right to adjust virtual gains policies from time to time without prior notice. You agree to be bound by the latest policies as disclosed by us. Unless otherwise provided hereof, the virtual items cannot be used for any other purposes, such as transactions with third parties, or trading on third-party platforms. If you violate the foregoing requirement, we shall not burden any losses to you or a third party, and if we reasonably suspect that your Account or usage involves cheating operation or abnormal transaction, we reserve the right to suspend, terminate your use, deduct virtual gains and pursue your liabilities according to this Agreement.

12) Under the following circumstances, we reserve the right to deduct your corresponding virtual gains:

• If the recharge of the virtual items is determined as invalid by the bank, payment channel, or court;
• Chargeback or refund initiated by end user of our Services is permitted subject to the decision of Banks, payment gateway, courts, arbitration tribunal, or us;
• “Real-world” money used for recharge is considered as illegal or improper gains, and we are required by the court or other institutions to refund;
• Other circumstances that cause the virtual currency to be returned or refunded.

13) In the event of any violation of this Agreement, or Laws and Regulations by you, we reserve the right to temporarily or permanently suspend, freeze your account and deduct the remaining virtual items and virtual gains on your account partially or wholly, and not compensate your losses and damages.

14) You acknowledge and agree that if you voluntarily cancel your account, your virtual items, virtual gains, virtual gift, game currency, etc. will be waived automatically. We will not return the corresponding cash value and will not make any compensation.

8. Proprietary Rights
9. You acknowledge that we are the owner or licensee of highly valuable proprietary information accessible via the Services, including and not limited to the Software and our websites. We own and hereby retain all proprietary rights in the Services, including but not limited to, all confidential information.
10. The proprietary rights including but without limitation intellectual property rights of the graphics, text or its components involved in the Services, and other Software logos and product and service names are owned by us. You are not allowed to display or use these in any way without our prior written consent, and you must not indicate to others that you have the right to display, modify or use the same. The above and any other proprietary rights owned by us or related advertisers are protected by laws and you are not allowed to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way without the written permission of us or the relevant advertisers.
11. Liability

1) If you engage in illegal, wrongful, defaulting, tort act, we reserve the right to take any or all of the following measures: give a warning, disable your ability to use some features, terminate your access to the Software, add your account to our blacklist, announce your default act，deduct and withhold virtual items and virtual gains in part or in whole. If we adopt to terminate your Account, or add your account to our blacklist, we shall not refund your virtual items and gains.

2) We also have the right to take any remedial measures and appropriate legal actions against your illegal, wrongful, defaulting or tort act, and disclose relevant information to authorities in accordance with Laws and Regulations and you shall bear all results and responsibilities. You understand and agree that any losses, damages, claims of a third party arising from your violation of this Agreement, shall be burdened by you, including reasonable attorney’s fees.

3) We may but are not required to use various ways to verify information that users have provided. However, none of those ways are perfect. Use your best judgment when interacting with others. Though we strive to encourage a respectful user experience, we are not responsible for any incorrectly verified information or the conduct of any user on or off the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate them off the Services or meet them in person.

4) You agree to indemnify, defend and hold harmless us and our affiliates and/or related entities from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including but not limited to attorney’s fees, arising from your access to or use of the Services, and your breach of this Agreement.

5) We reserve the right to choose to apply the aforesaid remedy measures separately or collectively.

10. Force Majeure and Other Disclaimers

1) You understand and acknowledge that in the course of using the Services, you may encounter problems out of our control, which may cause the Services to be interrupted. We are not liable for any Services suspension, problems, losses out of our control and expectation, for example, natural disasters such as floods, earthquakes, plague epidemics and storms, and social events such as war, turmoil, government actions, etc. In the event aforesaid, we will try our best to cooperate and to repair in time.

2) Unless otherwise provided by Laws and Regulations, we have the right but no obligation to handle any defaulting, tort, illegal act of a third party and we cannot guarantee that the aforesaid defaulting, tort, illegal act of the third party are promptly found or handled.

3) You understand and acknowledge that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. We are not responsible for any defects in the quality of the Services offered to you and any damages caused by the products or Services provided to you.

4) We make no promises or guarantees that the Services will always be safe, reliable, available, uninterrupted, error-free or not-delay. NOTWITHSTANDING OTHERWISE PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES. IN ADDITION, ALL COMPENSATIONS, REMEDIES, LIABILITIES, REGARDLESS OF ANY MANNER AND REASON, SHALL NOT EXCEED ALL FEES PAID TO US (IF APPLICABLE).

5) You acknowledge and understand that there may be personal and property security and transaction dispute risks if you trade with other users on and off the Services. We are not liable for the above risks or losses, and you must assume all the risks and bear all the responsibilities.

11. Miscellaneous

1) You understand and agree that other statements, rules published and posted by us on the Software are deemed to be supplemental to these terms and are an integral part of these terms and have the same legal effect as this Agreement.

2) This Agreement shall be governed by, and construed in all respects in accordance with, the laws of the Hong Kong SAR. Any dispute arising out of or in connection with this Agreement, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre for the time being in force with one arbitrator. The seat of this arbitration shall be Hong Kong, The language of the arbitration shall be English.

3) The invalidity or unenforceability of any provision of this Agreement shall not in any way affect or impair the validity or enforceability of the remaining provisions. If any provision of this Agreement is declared invalid or unenforceable by competent authorities, the Parties shall endeavor to agree upon a replacement provision so as to substantially effectuate the commercial purpose of the original provision.

4) Because we are always looking for new and innovative ways to help you build meaningful connections, this Agreement may change over time. We will notify you before any material changes take effect so that you have time to review the changes.

If you have any questions or grievances within this Agreement, or you would like to exercise any of your rights, please do not hesitate to reach out to our customer service which contact details are set out below. We endeavour to redress all grievances received on an expeditious basis.

You can contact us via online customer service in our software or via email: [nirkumtechnical@gmail.com].

5)The Agreement may be translated into Chinese, English and also other languages. For users who reside in Mainland China, the Chinese version shall prevail. For users who reside outside Mainland China, the English version shall prevail.

12. Community Guidelines

The Community Guidelines (hereafter referred to as Guidelines) are implemented in order to maintain an order of the environment of the Services, create a harmonious environment and promote the healthy development of the Services.

This Guidelines are applicable to all users (hosts included) using the platform and their uploaded contents of all forms including but not limited to user’s nickname, profile picture and published videos, texts, stream covers.

By using the Services, you agree that you will not:

• use the Services for any purpose that is illegal or prohibited by this Agreement.
• use the Services for any harmful or nefarious purpose.
• use the Services in order to damage us.
• spam, solicit money from or defraud any members.
• bully,”stalk”, intimidate, assault, harass, mistreat or defame any person.
• post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract rights.
• post any Content that is hate speech, threatening, sexually explicit or pornographic.
• post any Content that incites violence, or contains nudity or graphic or gratuitous violence.
• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• solicit passwords for any purpose, solicit personal identifying information for commercial or unlawful purposes from other members or disseminate others’personal information without permission.

For more details, please refer to Community Guidelines.

We reserve the right to investigate and/or terminate your Account without a refund of any purchases if you have violated this Agreement, misused the Services or behaved in a way that we regard as inappropriate or unlawful, including actions or communications that occur on and off the Services.

Users can report via customer service, and valid evidences such as screenshots, images or videos are required when reporting. We will review and proceed with the reported information. We strictly prohibit malicious reports and complaints, and the corresponding users will be subjected to penalties upon verification.

We will not charge any deposit, consultation fee or service fee when providing customer service during the above-mentioned process. The service is free of charge, and any such charge will be fraudulent and will be subject to investigation. Necessary reporting and monitoring is appreciated.