IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS THEN YOU MUST NOT ACCESS OR USE OUR PLATFORM, OUR SERVICES, OR ANY APPLICATIONS THEREOF.
You warrant that you have the right, authority and capacity to enter into and be bound by these Terms and Conditions and that by using our Services you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
Who may use our Services
You may use our Services only if you agree to be bound by these Terms and Conditions and you are not a person barred from using or accessing our Services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old to use our Services (or of legal age in your country of residence). Accessing our Service from jurisdictions where the contents or practices of our Service are illegal, unauthorised or penalized is strictly prohibited.
Account setup and management
a. Account login and password:
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so we suggest that you use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply the above. If you select a username or similar identifier for your Account with us, 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). You may not provide any false personal information on Live Channel. Without our explicit permission, you may not create more than one Account, or create an account for anyone other than yourself.
b. Set up of your Account is free:
Setting up your Account at Live Channel is free, however, you may upgrade their your use of our Services by purchasing Credits on our Platform to be used for exchanging (i) Virtual Gifts (described below); (ii) special badge to be displayed on your Account profile; (iii) VIP exclusive virtual gifts to be sent to Broadcasters; (iv) VIP exclusive comment posting rights; and (v) others.
c. Transfer or Assignment:
You may not transfer or assign your Account and/or any rights or obligations hereunder without our prior written consent.
d. Deletion of your Account:
You may also delete your Account or disable your application at any time. Please note that all your purchased Credits (if any), Virtual Items (if any), usage history, past correspondences, past postings and other details will be permanently lost.
e. Licence to use:
Company gives you a personal, worldwide, royalty-free, non-assignable, non-exclusive and revocable licence to use our software as part of our Services. This licence has the sole purpose of enabling you to use and enjoy the benefit of our Services as provided by us, in the manner permitted by these Terms and Conditions. You may not reverse engineer, decompile or disassemble our Services or attempt to gain access to the source code for our Platform and our Services.
f. Trademarks and Copyrights:
The trademarks and copyrights of our Platform are protected under intellectual property law by the laws of Hong Kong Special Administrative Region. Nothing in these Terms and Conditions gives you a right to use Live Channel, or any of its trademarks, logos, domain names, and other distinctive brand features or copyrighted material. All right, title, and interest in and to our Services (excluding content provided by its users) are and will remain our exclusive property. We always appreciate your feedback or other suggestions about our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
g. Devices to access our Services:
You may access our Services via desktop computer. You may also access our Services using mobile phone, tablet or other wireless devices (collectively, "Mobile Services"). However, you hereby acknowledge and accept that your use of Mobile Services may incur fees for data transmission charged by your mobile carrier. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible to check with your mobile carrier as to whether Mobile Services are available on your mobile device(s), and what restrictions or additional cost, if any, may be applicable to your use thereof.
h. Your Comments and content posted:
You acknowledge and understand that upon submitting or posting your comments and other content on the Platform or through our Services, such content may be distributed, viewed, accessed, and commented by other Live Channel users and we shall not be held liable for any unauthorised use of such content by anyone, under any circumstance.
Using our Services
Our Platform and our Services continually evolve. As such, they may change from time to time, at our discretion. We may stop (permanently or temporarily) providing you access to our Platform or any of our Services or any features therein to you or to other users at any time without any refunds to you of any Credits or Virtual Items you have purchased. We also retain the right to create usage limits on users at our sole discretion at any time. We may also remove or refuse to distribute any content on our Services, suspend or terminate users, and reclaim usernames without liability to you. You may not use our Platform, our Services and any personal information you obtained thereof for commercial gain without our explicit permission.
You may not copy, remove, rebroadcast, crop, share, distribute, amend or copy any of our Content posted on our Platform unless otherwise allowed by us in your proper use of our Services or expressly permitted by our Terms and Conditions. Other than in relation to Content submitted by you, you do not have any rights in relation to the Content on our Platform and you agree that you will not use any Content in any manner which may infringe our rights or any third party’s rights (including all intellectual property rights, copyrights, trademark rights, right of publicity, etc). Without limitation to the foregoing, this means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of our Platform or our Services or the Content contained therein (other than the Content submitted by you) to anyone else. You may not embed Metatags (hidden text used by web search engines to find websites) or codes into our Platform or our sites without our explicit consent.
Your Safety is our priority
We reserve the right in our sole discretion to remove and refuse to post, or exhibit publically any User content which constitute the above mentioned violations, which we determine to be prohibited content ("Prohibited Content"). Furthermore, we, in our sole discretion may, but is not obligated to, take any action(s) we deem necessary and appropriate against any User who posts or uploads Prohibited Content on our Platform, including, but not limited to, warning the User, suspending or terminating the User’s Account, removing all of the User’s content previously posted on our Platform and/or reporting the User to law enforcement authorities, either directly or indirectly. We also reserve the right to access, record, preserve and disclose any information to any third party or take any legal action that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the terms of these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of any User, any Broadcaster and the public. Furthermore, if you provide (i) false or inconsistent personal information to us, (ii) breach any of the Terms and Conditions, (iii) breach any applicable laws and regulations , (iv) as directed by any government and/or authority and (v) endangers the rights, property or safety of any User, Broadcaster and the public, we may take all actions necessary to protect our interests, including but not limited to terminating your Account on our Platform as per Clause 6. Account Termination Policy below.
You also understand that the views and opinions expressed on our Platform are those of the Users and the Broadcasters and do not necessarily reflect our official policy or position. We shall not be liable for any direct or indirect loss arising from the dissemination of any User Content and Broadcaster Content on our Platform whatsoever.
Account Termination Policy
If you violate any of these Terms and Conditions, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our Services to you. We reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
a. suspend or revoke your Account registration (where applicable) and your right to access and/or use our Services and/or submit any Content to Live Channel; and
b. make use of any operational, technological, legal, or other means available to enforce the Terms and Conditions (including without limitation blocking specific IP addresses, email addresses, bank credit cards, etc).
Disclaimers and Limitations of Liability Our Services on "as-is" and "as available" basis
Your access to and use of our Services or any Content therein are at your own risk. You understand and agree that our Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. We, Live Channel, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, we DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accurateness, availability, timeliness, security or reliability of our Services or of any Content; (ii) any harm to your computer (hardware or software), loss of data, or other harm that results from your access to or use of our Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by our Services; and (iv) whether our Services will meet your expectations or be available to you on an uninterrupted, secure, or error-free basis. No warranty is given about the quality, accuracy, functionality, availability or performance of our Services and we reserve the right to suspend, withdraw, amend, modify or vary the goods and services provided on our Platform without notice and without incurring any liability to you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Live Channel SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUES OR PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY PROVIDED BY OUR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM OUR SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Live Channel EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Live Channel, IF ANY, IN THE PAST THREE MONTHS FOR ANY SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT Live Channel HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Legal Terms, Applicable Law and Jurisdiction
You agree that any action at law or in equity arising out of or related to these Terms and Conditions shall be filed only in the Courts of the Hong Kong Special Administrative Region, and that you hereby consent and submit to the exclusive jurisdiction of such courts, absolutely waive the procedural defence of "forum non-convenien". No action arising under or related to these Terms and Conditions may be brought by either party more than one year after the cause of action has occurred. This Agreement is governed and to be interpreted exclusively by the laws of the Hong Kong Special Administrative Region.
a. This Statement makes up the entire agreement between the parties regarding Live Channel, and supersedes any prior agreements.
b. All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
c. If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.
d. If we fail to enforce any of these Terms and Conditions, it will not be considered a waiver.
e. Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.
f. Nothing in these Terms and Conditions shall prevent us from complying with the law.
g. These Terms and Conditions do not confer any third party beneficiary rights.
h. You will comply with all applicable laws when using or accessing our Services.
i. We will not be responsible for any failure to perform any of our obligations under these Terms and Conditions due to circumstances beyond our reasonable control, including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or other incident of "Force Majeure."
j. We reserve the right to amend these Terms and Conditions at any time without notice, please come back often to revisit them.
k. We reserve our right to seek all remedies available at law and/or in equity for your breaches of any of these Terms and Conditions.
"Cookies" which are small pieces of text to store information on web browsers.
"Personal Data" means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into our possession.
"You"or"User": means any person who uses Live Channel products and services.
What types of information do we collect
Basic personal information: such as your name, date of birth, gender, account user name or ID. We may also collect your contact information such as postal address, phone number, email address, etc but these will not be shown on your public profile.
Personal identity documents: including your identification card, driver’s license, passport, etc;
Personal content you publicly consent to post and/or display on our Platform: including your images, likeness, voice, words, visual content, pictures, video recordings, digital images and the like in any now known or future media. You shall retain the right to choose whether to keep them posted, displayed or removed at all times;
Login information and data: our servers will automatically record your activity on our Platform while you use our Services. Such login information may include login history (including date, time, timezone and location),language of choice, links to our Services in which you access, video streaming, web browsing data, and other statistics related to your usage of our Services and our Platform, and Cookie information.
Your Account details in our Platform: including remaining Credit details, credit purchase history, financial transaction data, physical and/or virtual product purchase history, etc)
Your IP address and specific geographical location data: our servers will automatically record your IP address and/or GPS location, Bluetooth, Wifi signals, MAC location, name of your mobile operator or internet service provider, mobile phone number and other details, etc.
Network security at our Platform: we may obtain your computer settings such as your operating system details, browser type, browser history (including URL history), computer specifications (hardware and software), device settings, file and software names and types, battery and signal strength, device identifiers, mobile phone identifiers (including IMEI/android ID/IDFA/OPENUDID/GUID, SIM Card IMSI data)and other data so that we can improve our online security measures with an aim to prevent phishing, scams, viruses and Trojan Horse and the like.
Information from third-party partners: we may receive information about you and your activities on and off our Platform from our affiliates and/or third-party partners, such as information they obtain from you (with your consent given to them) when we jointly offer services or from a marketing affiliate about your experiences or interactions with them.
Third-party sites - direct access: we may accept your profile details (such as your profile picture, avatar, login name, etc) carried over from sites operated by our affiliates and/or third-party partners (with your consent) and used at our Platform (with your consent) to enable you to login to our Platform directly from third-party sites operated by our affiliates and/or third-party partners and access our Services and products more conveniently. Before we use such data provided by our affiliates and third-party partners, we try our best to verify the source and method of collection of those data to ensure that they had been legally obtained and without breaching your privacy rights.
How do we use the collected information
We may use your collected information for the following purposes:
a. Provide you with our Services;
b. To verify your account details, improve customer services, enhance data safety, fraud detection and prevention to maintain the high standard of our Services;
c. To customize your user experience including but not limited to creating your virtual online profile to expand your social networks;
d. To be used for developing and improving our Services to our Members;
e. To allow you to participate in our product and/or service customer satisfaction research, surveys, sales events and/or lucky draw activities;
f. For software authentication or software upgrades; and
g. Other purposes related to our Services.
We may collect your information, data and other content as set forth above and so that we can make better suggestions for you (including but not limited to sending you (by us or through our approved advertisers) any advertisements and updated information for the purpose of promoting our products, services, content and/or features). We will never sell, rent or share your usage and personal information, with any third parties for marketing purposes without your consent. With your consent, we may share our database with our affiliates and trusted third-party partners to better inform you of any new product or services which may be of interest to you.
Data privacy and Disclosure
Without your consent, we shall not sell or transfer your Personal Data to any unrelated third-party, but we may disclose your information to affiliates or unaffiliated third parties and/or government authorities if we believe in good faith that such disclosure is necessary to comply with the law or in response to a subpoena, court order, governmental request or other due process; (b) to protect the interests, rights, safety, or property of Live Channel or others; (c) to enforce any terms of service of Live Channel; (d) to provide you with the services or products requested by you, and to perform other activities related to such services and products, including billing and collection; (e) to provide you with information, special offers, or promotions from Live Channel to which you consented. Live Channel makes reasonable efforts to limit its designated service providers' disclosure of your information in the same manner as set forth in this paragraph.
Further use and/or disclosure of your information by third parties is not the responsibility of Live Channel. Rather, such use and/or disclosure is governed by those parties’ policies.
If your Live Channel Account is inter-linked with all our member sites (which means you can activate multiple memberships on those sites when you successfully obtain an Account), we may also share your information with those Sites when they are interested in serving you. You may notify us of your membership preferences any time in our member account settings area. Unless and until you choose to opt-out your membership on Live Channel, your information may be used by Live Channel for providing goods and services to you.
We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm. For example, we may provide information to our affiliates and third-party partners about the reliability of your account to prevent fraud and abuse of our Services. Information we receive about you, including financial transaction data related to purchases made with Live Channel, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least one year to prevent repeat abuse or other violations of our terms.
Your Credit Card Details
If you pay by credit card online, to protect your privacy we engage highly secured industry order processing provided by third-party billing companies such as PayPal. Those companies we cooperate enjoy a high reputation and reliability in the industry of its kind. With use of the third-party card processors, your card information is processed through secure server(s), and transferred internally with the protection of powerful encryption tool available. Your customer details will not be sold or made available to anyone else and your card details are only known by our order processors.
Personal sensitive information
We ask that you do not send us, and you do not disclose, any sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organizations, including trade union memberships) on or through our Platform and our Services or otherwise to us.
Cookies help us provide, protect and improve our Services, such as by personalizing content and providing a safer experience. While the Cookies that we use may change from time to time as we improve and update our Services, they generally fall into the below categories of use:
Please note that you must enable cookie to access certain parts of our Services. You can refuse all Cookies by changing the settings in your browser options, although you may not be able to take full advantage of our Platform if you do so.
You must be 18 years or over to join our Platform. That means we do not knowingly collect any information about anyone under the age of 18. If you are less than 18 years old, we request that you do not join our Platform or submit any information to us. If we become aware that anyone under the age of 18 has registered with us and provided us with personal information, we will take steps to terminate such account(s) and delete all related personal information accordingly. We may also retain such underage person’s email and IP address to prevent future violations of our rules. If you suspect that personal information from an underage person has been posted on our Platform, please do not hesitate to let us know and we will take appropriate steps at once.
Jurisdiction and Applicable Law
Owing to the global nature of Live Channel’s business conducted over the internet, it is practically impossible for us to comply with all applicable laws / rules / regulations (and the like) as may be prescribed by individual country / region / city. We endeavor to adopt internationally recommended "Best Practices" whilst adhering to the Personal Data (Privacy) Ordinance, laws of Hong Kong which you must agree to as the applicable law in case of dispute arising herefrom.
Operationally we are in compliance with, though not bound to do so, the general requirements imposed by the Data Protection Principles generally recommended by the US-EU US-Swiss Safe Harbor Frameworks, Organisation for Economic Cooperation & Development, and by the Asia Pacific Economic Cooperation. In particular, we carry out Privacy Compliance Assessment exercise periodically to ensure compliance in respect of notice, choice, onward transfer, security, data integrity, access and enforcement.
Email and notifications
Newsletters and promotions: we may send you emails and messages to keep you informed of any new services and products available to you. If you do not wish to receive such newsletters, you may follow the instructions stated in the promotion emails to unsubscribe them. However, if there are any disruptions to our Services, we may inform you of such disruptions via email, which does not constitute promotion emails.
Surveys and research: we may also from time to time conduct surveys to obtain your opinion on our Services. We may also study your online behaviour to understand your user needs, conduct audits, develop new products and services, improve troubleshooting capability.
Service-related emails and messages: we may also send you Service-related emails and/or messages for order confirmations, profile verification, Personal Data changes, changes and/or updates to our Services, security updates and data security notifications, etc.