This Agreement and its Terms and Conditions (“Terms and Conditions”) is made between : AML Network Ltd., located at Suite 18, 28th Floor, Metropole Square, 2 On Yiu Street, Shatin, Hong Kong (hereinafter "The Company", or “Us”, or our Platform) and the user of CharmLive.com (“User” or You”) and it governs our relationship with you and others who interact using Live Channel, as well as products and services (collectively, "our Services"). By using or accessing our Services, you agree to be bound by these Terms and Conditions. These Terms and Conditions may be changed at our sole discretion from time to time without prior notice. You should review these Terms and Conditions before continuing using our Services. Your continued use of our Services following notice of the changes to our Terms and Conditions, Privacy Policy and/or guidelines constitutes your acceptance of our amended terms, policies or guidelines.
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.
1. 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.
2. 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.
3. 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 also agree not to abuse or misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using our Services: (i) access, tamper with, or use non-public areas of our Services, Live Channel’s computer systems, or the technical deLive Channelry systems of Live Channel’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search our Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the applicable terms and conditions; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing our Platform and our Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on our Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce 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 Live Channel, its users and the public. We do not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
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.
4. Your Safety is our priority
We try our best to keep Live Channel safe, but we cannot guarantee it. To do this, we require from you and all other users the following commitments: (i) You will not post any unauthorised commercial communications (such as spam) on Live Channel; (ii) You will not collect other users' content or information, or otherwise access our Platform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission; (iii) You will not engage in unlawful multi-level marketing (such as a pyramid scheme) on Live Channel; (iv) You will not breach any intellectual property right belonging to us or someone else; (v) You will not solicit login information or access an Account belonging to anyone else; (vi) You will not upload onto our Platform any viruse or other malicious code; (vii) You will not bully, intimidate, or harass any user or Broadcaster; (viii) You will not post content that is hate speech, offensive, intimidating, threatening, incites racial discrimination or disharmony, zealously political or otherwise; (ix) You will not post content that may be deemed as lacking reasonable sensitivity toward victims of natural disasters, atrocities, conflict, death or other tragic events; (x) pornographic; incites violence; or contains nudity or graphic or gratuitous violence; (xi) You will not use our Services to do anything unlawful, misleading, malicious, or discriminatory; (xii) You will not do anything that could disable, overburden, or impair the proper working or appearance of Live Channel, such as a denial of service attack or interference with page rendering or other of our functionality; and (xiii) You will not facilitate or encourage any violations of these Terms and Conditions, Privacy Policy or our other policies.
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.
Notwithstanding the foregoing, we will not disclose personally identifying information to any unrelated third-party save and except in accordance with our Privacy Policy (see Clause 5 below). You acknowledge that your posting of any Prohibited Content may subject you to third party claims and none of the rights granted to you in these Terms and Conditions may be raised as defense against any third party claims arising from your posting of Prohibited Content.
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.
5. Refund Policy
Please refer to our Refund Policy. The Refund Policy on our Websites forms a part of this Agreement. We reserve the right to amend or alter such Policy at any time, and changes are effective upon posting on our Websites with notice to you.
6. Privacy Policy
Our Platform and the use of our Services is subject to our Privacy Policy which may be amended from time to time. Please come back often to revisit them.
7. 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).
8. 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.
9. 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.
10. 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.
11. Others
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.
Last updated: 21 December 2017