The Community Conventions of Popiu Live App

The Community Conventions of Popiu Live App

Chapter One   General

Popiu Live is working to bulid a global community and connecting with global users. We make the Conventions in order to keeping a good ecological environment and make sure users good experience, keeping normal order of Popiu Live. This Convention is established in accordance with the relevant laws and regulations, as well as relevant agreements and policies such as the Registration Agreement and the Privacy Policy.

  1. PopiuLiveis a social live app, provide social live service for all Popiu Live (called Popiu Live official below)
  2. PopiuLiveCommunity (called community below) is a region that users use Popiu Live App to Communicated to each other.
  3. PopiuLiveOfficial provide service of matching and live as well as community-based service around matching and live.

Chapter Two   User Instructions

1.Popiu Live users refer to registered successfully and accept the Registration Agreement, the Privacy Policy, and this Community Conventions.

2.Popiu Live users’ dignity, freedom and rights are equally protected by community. The community manages their users according to certain standards, and the standards are Open and transparent.

3.Popiu Live users’ bonus points and other virtual property are protected by community.

4.Popiu Live users have the right to activities and make statements within the community, according to Community Rules.

5.Popiu Live users’ personal privacy is protected by the community, which must take strict measures to ensure that users’ private information is not leaked. Unless the individual agrees, or in accordance with the provisions of laws and regulations or the requirements of relevant competent departments and pre-determined rules, it is not allowed to publish Popiu Live users’ personal data and other private information in public.

  1. PopiuLiveusers must keep their account numbers and passwords in safe. It is not allowed to provide account numbers and passwords to others by transfer, lease, loan, gift or other forms. Popiu Liveofficials do not assume any responsibility for the illegal use of accounts and passwords by others due to user negligence or hacking operations. If the user discovers that the account has been illegally used by others, he should immediately file a complaint with the Popiu Live official.

7.Popiu Live users’ behavior in accordance with the norms of community management rules is protected by the community. Popiu Live users who engage in activities that violate laws, regulations, and community management rules and regulations will be punished accordingly. Penalties for violations refer to the Popiu Live Anchor Management Specification and the Popiu Live Community User Violation Management Rules.

  1. Any rights of PopiuLiveuser, without prejudice to the same rights of other Popiu Liveusers, that community rules can make specific rules to these restrictions.

Chapter Three   Community Rules

  1. PopiuLiveusers’ statements within the community (including but not limited to text, pictures, audio, video) must not violate the laws and regulations of the relevant country; (including but not limited to the following:
  • Violating the basic principles established by the Constitution.
  • Endangering national security, leaking state secrets, subverting state power, and undermining national unity.
  • Damage to national honor and interests.
  • Incitement to ethnic hatred, ethnic discrimination, or undermining national unity.
  • Those who undermine the state’s religious policies and propagate cults and feudal superstitions.
  • Spreading rumors, disrupting social order, and undermining social stability.
  • Malicious comments/denigration of any religious-related issues such as Christianity (including Catholicism, Protestantism, Orthodoxy), Islam (including Sunnis, Shiites), Hinduism, Judaism, Buddhism, Taoism, Shintoism, etc.
  • Other political topics that may have caused or have had adverse effects.
  • Information that contains other content prohibited by relevant national laws and administrative regulations.
  1. PopiuLive users may not post, upload, forward or share any content regarding the abuse, harm or exploitation of minors (the Platform defines minors as anyone under the age of 18)
  2. PopiuLive users may not post, upload, retweet or share sexually explicit content about nudity, pornography, or explicit sexual content, including but not limited to the following:
  • Content that contains sexual activity, including insertive and non-insertive sex, oral sex, or erotic kissing.
  • Content containing genitals, genitals, or female nipples.
  • Content that contains rape and sexual assault.
  1. PopiuLiveusers may not post, upload, retweet or share content that describes threatening or inciting violence, or promoting violent extremist organizations, individuals or actions.
  2. PopiuLiveusers may not post, upload, forward or share content that could lead to dangerous conduct that could cause serious injury or death, including but not limited to the following:
  • Content involving dangerous performances using dangerous tools or controlled substances, etc.
  • Content involving dangerous driving behavior.
  1. PopiuLiveusers may not post, upload, retweet or share content about suicide, involving suicidal ideation, or likely to encourage suicide or self-harm, including but not limited to the following:
  • Content involving suicide or self-harm.
  • Content that involves violence, fighting, or torture in real life.
  1. PopiuLiveusers may not post, upload, forward or share gambling software or content that induces others to participate in gambling activities through any means;
  2. PopiuLiveusers may not post, upload, forward or share any illegal or potentially illegal (as determined by Popiu Live) activities or transactions, including teaching criminal methods, selling any illegal drugs, money laundering activities, fraud, etc.;
  3. PopiuLiveusers may not post, upload, forward or share content about controlled items; This includes, but is not limited to, the following:
  • Content that displays firearms, controlled knives, ammunition, or explosive weapons.
  • Content that uses or promotes drugs or other controlled substances.
  1. PopiuLiveusers may not post, upload, retweet or share disgusting, creepy content, including but not limited to the following:
  • Violent or vivid deaths, accidents.
  • Dismember, mutilate, charred or incinerate human remains.
  • Open wounds or core location injuries.
  • Slaughter or other unnatural death of animals.
  • Dismembered, mutilated, charred, or incinerated animal remains.
  • Animal cruelty and bloodshed.
  1. PopiuLiveusers may not post, upload, retweet or share content that contains hate speech or involves hate behavior.
  2. PopiuLiveusers shall not infringement the legitimate rights and interests of others, including but not limited to the following:
  • Use someone else’s name, personal details, profile picture, etc. without permission.
  • Disclosure of user identity information (personal information such as name, address, telephone number) and other private information without permission.
  • Insulting or slandering others, containing intimidation, threats, etc.
  • Publish advertisements or other content for commercial gain without the permission of the community.
  • Plagiarism, reproduction, use of other people’s works, etc. without permission.
  • Information that interferes with the normal operation of the platform and infringes the legitimate rights and interests of other users or third parties.
  1. PopiuLiveusers should abide by the community order and network ethics, put an end to foul language, and put an end to screen swiping, malicious calls and other behaviors that affect the normal use of others.
  2. Users are solely responsible for their own remarks.

Chapter Four   Community Management

  1. PopiuLiveusers’ remarks should comply with the provisions of the Community Rules, and they should understand the relevant regulations before speaking, and should not publish remarks that violate the Community Rules.
  2. PopiuLiveusers should participate in community interaction under the premise of legal compliance, resist illegal acts or remarks, and report to the platform.
  3. PopiuLiveusers make illegal remarks in the community, the platform reviewer has the right to delete all or part of their remarks and give them appropriate penalties depending on the circumstances and harmful results.

Chapter Five   Supplementary Provisions

  1. The effect of this Convention is limited to the virtual community and shall not be construed as having an effect on the actual rights and obligations of PopiuLiveusers or others. The provisions of this Convention shall conform to national laws and regulations as the basic principle, and if there are any inconsistencies, the national laws and regulations shall be the standard of interpretation. The actual rights and obligations of users because of using community services are protected and restricted by national laws and regulations, the Registration Agreement, and the Privacy Policy.
  2. The right of interpretation of this Convention shall be owned by PopiuLive Popiu Liveofficials are obliged to continuously improve it and make it public in time.
  3. There is a conflict between any other provisions or regulations of the community and this Convention, this Convention as be standard.

This Convention implement on the date of promulgation.

 

 

User Agreement

Welcome to use Popiu Live!

Popiu Live – Terms of UsePlease read carefully the following provisions of this TERMS OF USE (“TERMS OF USE”). This is a legal agreement
(collectively, the “Popiu live”) and you regarding the use of the Popiu Live software programs and related documentation being installed by you on your device (the “Software”). By downloading the Software and/or using any of the services enabled by the Software (the “Services”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE OR Popiu live’S PRIVACY POLICY, YOU MAY NOT USE THE SOFTWARE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SOFTWARE AND ALL SERVICES.

  1. This paragraph is intended to apply to you if you have downloaded the Software from the app marketplaces such as the Apple App Store and the Google Play (the “Popiu livePlatform”). Popiu liveand you acknowledge that this Terms of Use is concluded between Popiu live and you only, and not with the app marketplaces, and as between Popiu live and the marketplaces, Popiu live, not the marketplaces, is solely responsible for the Software and Services and the content thereof. This Terms of Use is not intended to provide for usage rules for the Software and Services that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the Terms of Service of the app marketplaces as of the date hereof (which you further acknowledge you have had the opportunity to review).2.      License Grant.Subject to your compliance with the terms and conditions set out in this Terms of Use, Popiu live grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Software, in object code format, only on your personal computer or mobile device (the “Device”) for the sole purpose of personally using the Popiu live application and any other applications that may be explicitly authorized by Popiu livefor use through use of the Software, and if you have downloaded the Software from the App Store or the Google Play, as permitted by the Usage Rules set forth in the eachapp marketplace Terms of Service as of the date hereof, you shall follow the usage rules set forth in this Application Market Terms of Service.3.      Ownership.The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to Popiu live and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to Popiu live and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Popiu live hereby expressly reserves all rights in the Software and all Services which are not expressly granted to you hereunder.4.      Restrictions.

You only obtain a license to use the object code version of the Software. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services; (ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Service and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever; (iv) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any of the Services; or (v) use the Software or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.

  1. Additional Restrictions.

You further represent that you shall not (i) use the Software or any of the Services for any illegal or unauthorized purpose, (ii) use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services, (iii) transmit worms, viruses or any code of a destructive nature, (iv) display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications (“Content”) deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability, (v) attempt to hack, destabilize or adapt Popiu live’swebsite, the Software (or its source code) or any of the Services, or alter another website so as to falsely imply that it is affiliated with Popiu live, or (vi) use or access any of the Services by any means other than through the interface provided by Popiu live.

  1. Your Utilization of Your Device.

If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent from the relevant third party for such use and by using the Software you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Software, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Software or Services will do so in accordance with this Terms of Use. You must delete any Software from the Device if you sell the Device, or if you cease to have the legal right to control use of the Device.

Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Popiu live does not endorse any Content and hereby expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the Popiu live Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.

  1. Your Content.

You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the Software or Services and that Popiu live (and Apple or Google if you downloaded the Software from the App Store or Google Play) is not responsible to you or any third party in connection with any Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent and warrant that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. Popiu live RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THIS TERMS OF USE.

  1. Third Parties.

The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement.

  1. New Versions of the Software.

Popiu live, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Software or Services. Popiu live has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Software or any of the Services. You may have to agree to a renewed version of Terms of Use in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Software. You acknowledge that Popiu live may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Software and, accordingly, may modify, update or upgrade the version of the Software that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.

  1. Third Party Fees.

For particular Devices, Popiu live may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees.

The license to use the Software and Services is not valid in any jurisdiction where prohibited. The Software and Services are intended solely for users who are eighteen (18) years of age or older, and any registration, use or access to the Software or Services by anyone under 18 is unauthorized, unlicensed, and in violation of this Terms of Use. Popiu live may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Software or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

  1. No Access to Emergency Services.

The Software and Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the Software and Services. You acknowledge and agree that: (i) Popiu live is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Software, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) Popiu live is not a replacement for your primary telephone service.

  1. Prevention of Unauthorized Use.

Popiu live reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.

  1. License Grant to Popiu live.

You hereby authorize Popiu live to collect and use the address books, contact lists, and unique phone identifiers (IMEI, UDID, or other) contained in the Devices to which you have downloaded the Software for purposes of your use of the Services.

  1. Premium and all kind of paid contents & item Services.

From time to time, Popiu live may provide additional features and/or Services that you pay for (the“Premium”). Popiu live may also offer from time to time in its sole discretion, certain Premium and all kind of paid contents & item Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Terms of Use to the Services include the Premium and all kind of paid contents & item Services. You will pay the Premium and all kind of paid contents & item Services by the paid coins you purchased via the Software in the first place. Only after all of your paid coins are consumed, you may use free coins to pay for Premium and all kind of paid contents & item Services.

  1. Payments for Premium and all kind of paid contents & item Services.

The Premium and all kind of paid contents & item Services may be offered on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at the time of your purchase. If you purchase any Premium and all kind of paid contents & item Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by Popiu live or the online application store from which you downloaded the Software (the “Application Store”). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase Premium and all kind of paid contents & item Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium and all kind of paid contents & item Services is terminated. You agree that if you purchase Premium and all kind of paid contents & item Services through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will Popiu livehave any responsibility in connection with any of the foregoing.

You may request a full refund for any Premium and all kind of paid contents & item Service purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store. Exceptions – 1) refunds are not available to users who are banned by Popiu live and its community, and 2) full-refunds are not available for partial-used purchases.

  1. Termination by You.

You may terminate your use of the Services at any time by uninstalling and deleting the Software from all of your Devices. If you have subscribed to any Premium and all kind of paid contents & item Services, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Premium and all kind of paid contents & item Services.

  1. Termination by Popiu live.

Without limiting any other remedies, Popiu live may limit, suspend, discontinue or terminate this Terms of Use and/or your use of all or any part of the Software and/or Services, with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if Popiu live believes that you are (i) in breach of any of the terms of this Terms of Use, (ii) creating problems or legal liabilities (actual or potential), (iii) delinquent with respect to any charges due for a Premium and all kind of paid contents & item Service, (iv) infringing a third party’s intellectual property rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that Popiu liveis under no obligation to provide the Services, including without limitation any Premium and all kind of paid contents & item Services, and that no Popiu live Party (as defined below) shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Software and/or any of the Services.

  1. Storage of Content.

Subject to the terms and conditions of this Terms of Use, Popiu live will use reasonable efforts to store your Content, if any, in connection with your use of a all kind of paid contents & item Service if such storage is a feature provided with the Premium and all kind of paid contents & item Service. You acknowledge and agree that Popiu live shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that no Popiu live Party is under any obligation to preserve, provide access to or return to you any Content. In addition, you further acknowledge and agree that, if you have elected to use a Premium and all kind of paid contents & item Service that includes the storage of Content and you are not active on the Premium and all kind of paid contents & item Service for thirty (30) days or longer (as determined by Popiu live), Popiu live may delete your Content for any reason, including technical, business or any other reasons.

  1. Third-Party Sites, Products and Services; Links.

The Services may include links or references to other web sites or services solely as a convenience to our users (“Reference Sites”). Popiu live does not endorse any such Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage you to be aware of when you leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. In addition, your correspondence or business dealings with advertisers found on or through the Services are solely between you and such advertiser.

“YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS,  Popiu live , ITS LICENSORS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING Popiu live EACH A “Popiu live PARTY” AND COLLECTIVELY THE “Popiu live PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THIS TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (E) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES BASED ON THE INCOME OF Popiu live). If you downloaded the Software from the the app marketplaces, you acknowledge that, in the event of any third party claim that the Software or Services or your possession and use of the Software or Services infringes any third party’s intellectual property rights, as between Popiu liveand the app marketplaces ,  Popiu live , not the app marketplaces, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Popiu live reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Popiu live, and you agree to cooperate with Popiu live ’s defense of these claims. You agree not to settle any matter without the prior written consent of Popiu live. ”

You are not allowed to assign this Terms of Use or any rights or obligations hereunder. Popiu live is allowed at its sole discretion to assign this Terms of Use and any rights hereunder to any third party, without giving any prior notice.

  1. No Warranty.

The Software and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. The Popiu live Parties hereby disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE Popiu live PARTIES (AND IF YOU DOWNLOADED THE SOFTWARE FROM THE APP STORE OR GOOGLE PLAY, APPLE OR GOOGLE) WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE AND/OR ANY OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY UNINSTALL THE SOFTWARE AND CEASE USE OF THE SOFTWARE AND ALL SERVICES. You further acknowledge that the Popiu live Parties (and if you downloaded the Software from the App Store or Google Play, Apple or Google) have no obligation whatsoever to furnish any maintenance or support services with respect to the Software and/or Services.

  1. No Warranties.

THE Popiu live PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE Popiu live PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE SOFTWARE OR SERVICES.

  1. Harm to Your Device.

YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT. Loss of business or any other damages even  Popiu live or the others also informed of their possibility.

  1. Limitation of Liability.

IN NO EVENT SHALL THE Popiu live PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES, THIS TERMS OF USE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF Popiu live OR ANY OTHER Popiu live PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE Popiu live PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THIS TERMS OF USE OR USE OF THE SOFTWARE OR ANY OF THE SERVICES. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the Popiu live Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN Popiu live AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.

YOU AND Popiu live AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the Software from the app marketplaces, you further acknowledge that the app marketplaces have no responsibility for addressing any claims relating to the Software or Services or your possession and/or use of the Software or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Software or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  1. Basis of the Bargain.
    YOU ACKNOWLEDGE AND AGREE THAT Popiu liveHAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Popiu live, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Popiu live. Popiu live WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Any comments, suggestions, or feedback relating to the Software or any of the Services (the “Feedback”) submitted to Popiu live shall become the property of Popiu live. Popiu live will have exclusive ownership of all rights to the Feedback. Popiu live will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. Popiu live will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.

32.1  Notices.

Popiu live may provide you with notices, including those regarding changes to terms and conditions, by email, Notice will be deemed given twenty-four (24) hours after email is sent, unless Popiu live is notified that the email address is invalid. Notice posted on the Popiu live website is deemed given ten (10) days following the initial posting. Popiu live reserves the right to determine the form and means of providing notifications to our users.

32.2  Amendments.

Popiu live reserves the right to amend this Terms of Use at any time by publishing the revised Terms of Use on the Popiu livewebsite or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised Terms of Use shall become effective following the applicable notice period, unless you expressly accept the revised Terms of Use earlier by clicking on the accept button. Your express acceptance or continued use of the Software or Services after the applicable notice period shall constitute your acceptance to be bound by the terms and conditions of the revised Terms of Use.

32.3  Ability to Contract.

You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use, and to abide by and comply with the terms and conditions of this Terms of Use.

32.4  Entire Agreement.

This Terms of Use represents the complete agreement concerning the matters covered and, except as set forth under Amendments above, may be amended only by a writing executed by both parties. If any provision of this Terms of Use is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

32.5  Waiver.

The failure of Popiu live to exercise or enforce any right or provision of this Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms of Use will be effective only if in writing and signed by Popiu live.

32.6  Headings.

The heading references herein are for convenience purposes only, do not constitute a part of this Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

32.7Injunctive Relief.

You acknowledge that the obligations made hereunder to Popiu live are of a unique and irreplaceable nature, the loss of which shall irreparably harm Popiu live and which cannot be replaced by monetary damages alone so that Popiu live shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

32.8   Third Party Beneficiaries and Agreements.

If you downloaded the Software from the app marketplaces, you acknowledge and agree that the app marketplaces are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this Terms of Use, the app marketplaces will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Software and Services is conditioned upon your compliance with, all applicable third-party terms of agreement, including those of any Application Store, as may be applicable, when using the Software and/or Services.

32.9        Injunctive Relief

You acknowledge that, with a unique and irreplaceable nature of the obligations under this Agreement undertake to Popiu live, its loss would be irreparable harm Popiu live, and it cannot be replaced only by monetary damages, so Popiu live is entitled to injunction or other equitable relief (no obligation). If there is any breach or anticipatory breach, you can post any bond or deposit. You irrevocably waive all rights to seek an injunction or other fair remedy.

32.10        Third Party Beneficiaries and Agreements.

If you download the Software from the app marketplaces, you acknowledge and agree that the app marketplaces are third party beneficiaries of this License Agreement and that after you accept the terms and conditions of these Terms of Use, the app marketplaces will have a three-way beneficiary enforces these Terms of Use (and will be deemed to have accepted the right). You agree to abide that you are using the Software and Services.

  1. Move Caution And Choose Exit

Popiu live can use carrier distributed mobile messaging (SMS) to verify ownership of registered mobile phone numbers.

Additional Information: For information or technical support for the event, please send an email to: chul87682@gmail.com

 

 

Popiu live Limited
September 28, 2022

 

The Community Conventions of Niki Live App

The Community Conventions of Niki Live App

Chapter One   General

Niki Live is working to bulid a global community and connecting with global users. We make the Conventions in order to keeping a good ecological environment and make sure users good experience, keeping normal order of Niki Live. This Convention is established in accordance with the relevant laws and regulations, as well as relevant agreements and policies such as the Registration Agreement and the Privacy Policy.

  1. Niki Liveis a social live app, provide social live service for all Niki Live(called Niki Live official below)
  2. Niki LiveCommunity (called community below) is a region that users use Niki LiveApp to Communicated to each other.
  3. Niki LiveOfficial provide service of matching and live as well as community-based service around matching and live.

Chapter Two   User Instructions

1.Niki Live users refer to registered successfully and accept the Registration Agreement, the Privacy Policy, and this Community Conventions.

2.Niki Live users’ dignity, freedom and rights are equally protected by community. The community manages their users according to certain standards, and the standards are Open and transparent.

3.Niki Live users’ bonus points and other virtual property are protected by community.

4.Niki Live users have the right to activities and make statements within the community, according to Community Rules.

5.Niki Live users’ personal privacy is protected by the community, which must take strict measures to ensure that users’ private information is not leaked. Unless the individual agrees, or in accordance with the provisions of laws and regulations or the requirements of relevant competent departments and pre-determined rules, it is not allowed to publish Niki Live users’ personal data and other private information in public.

  1. Niki Liveusers must keep their account numbers and passwords in safe. It is not allowed to provide account numbers and passwords to others by transfer, lease, loan, gift or other forms. Niki Liveofficials do not assume any responsibility for the illegal use of accounts and passwords by others due to user negligence or hacking operations. If the user discovers that the account has been illegally used by others, he should immediately file a complaint with the Niki Live

7.Niki Live users’ behavior in accordance with the norms of community management rules is protected by the community. Niki Live users who engage in activities that violate laws, regulations, and community management rules and regulations will be punished accordingly. Penalties for violations refer to the Niki Live Anchor Management Specification and the Niki Live Community User Violation Management Rules.

  1. Any rights of Niki Liveuser, without prejudice to the same rights of other Niki Liveusers, that community rules can make specific rules to these restrictions.

Chapter Three   Community Rules

  1. Niki Liveusers’ statements within the community (including but not limited to text, pictures, audio, video) must not violate the laws and regulations of the relevant country; (including but not limited to the following:
  • Violating the basic principles established by the Constitution.
  • Endangering national security, leaking state secrets, subverting state power, and undermining national unity.
  • Damage to national honor and interests.
  • Incitement to ethnic hatred, ethnic discrimination, or undermining national unity.
  • Those who undermine the state’s religious policies and propagate cults and feudal superstitions.
  • Spreading rumors, disrupting social order, and undermining social stability.
  • Malicious comments/denigration of any religious-related issues such as Christianity (including Catholicism, Protestantism, Orthodoxy), Islam (including Sunnis, Shiites), Hinduism, Judaism, Buddhism, Taoism, Shintoism, etc.
  • Other political topics that may have caused or have had adverse effects.
  • Information that contains other content prohibited by relevant national laws and administrative regulations.
  1. Niki Liveusers may not post, upload, forward or share any content regarding the abuse, harm or exploitation of minors (the Platform defines minors as anyone under the age of 18)
  2. Niki Liveusers may not post, upload, retweet or share sexually explicit content about nudity, pornography, or explicit sexual content, including but not limited to the following:
  • Content that contains sexual activity, including insertive and non-insertive sex, oral sex, or erotic kissing.
  • Content containing genitals, genitals, or female nipples.
  • Content that contains rape and sexual assault.
  1. Niki Liveusers may not post, upload, retweet or share content that describes threatening or inciting violence, or promoting violent extremist organizations, individuals or actions.
  2. Niki Liveusers may not post, upload, forward or share content that could lead to dangerous conduct that could cause serious injury or death, including but not limited to the following:
  • Content involving dangerous performances using dangerous tools or controlled substances, etc.
  • Content involving dangerous driving behavior.
  1. Niki Liveusers may not post, upload, retweet or share content about suicide, involving suicidal ideation, or likely to encourage suicide or self-harm, including but not limited to the following:
  • Content involving suicide or self-harm.
  • Content that involves violence, fighting, or torture in real life.
  1. Niki Liveusers may not post, upload, forward or share gambling software or content that induces others to participate in gambling activities through any means;
  2. Niki Liveusers may not post, upload, forward or share any illegal or potentially illegal (as determined by Niki Live) activities or transactions, including teaching criminal methods, selling any illegal drugs, money laundering activities, fraud, etc.;
  3. Niki Liveusers may not post, upload, forward or share content about controlled items; This includes, but is not limited to, the following:
  • Content that displays firearms, controlled knives, ammunition, or explosive weapons.
  • Content that uses or promotes drugs or other controlled substances.
  1. Niki Liveusers may not post, upload, retweet or share disgusting, creepy content, including but not limited to the following:
  • Violent or vivid deaths, accidents.
  • Dismember, mutilate, charred or incinerate human remains.
  • Open wounds or core location injuries.
  • Slaughter or other unnatural death of animals.
  • Dismembered, mutilated, charred, or incinerated animal remains.
  • Animal cruelty and bloodshed.
  1. Niki Liveusers may not post, upload, retweet or share content that contains hate speech or involves hate behavior.
  2. Niki Liveusers shall not infringement the legitimate rights and interests of others, including but not limited to the following:
  • Use someone else’s name, personal details, profile picture, etc. without permission.
  • Disclosure of user identity information (personal information such as name, address, telephone number) and other private information without permission.
  • Insulting or slandering others, containing intimidation, threats, etc.
  • Publish advertisements or other content for commercial gain without the permission of the community.
  • Plagiarism, reproduction, use of other people’s works, etc. without permission.
  • Information that interferes with the normal operation of the platform and infringes the legitimate rights and interests of other users or third parties.
  1. Niki Liveusers should abide by the community order and network ethics, put an end to foul language, and put an end to screen swiping, malicious calls and other behaviors that affect the normal use of others.
  2. Users are solely responsible for their own remarks.

Chapter Four   Community Management

  1. Niki Liveusers’ remarks should comply with the provisions of the Community Rules, and they should understand the relevant regulations before speaking, and should not publish remarks that violate the Community Rules.
  2. Niki Liveusers should participate in community interaction under the premise of legal compliance, resist illegal acts or remarks, and report to the platform.
  3. Niki Liveusers make illegal remarks in the community, the platform reviewer has the right to delete all or part of their remarks and give them appropriate penalties depending on the circumstances and harmful results.

Chapter Five   Supplementary Provisions

  1. The effect of this Convention is limited to the virtual community and shall not be construed as having an effect on the actual rights and obligations of Niki Liveusers or others. The provisions of this Convention shall conform to national laws and regulations as the basic principle, and if there are any inconsistencies, the national laws and regulations shall be the standard of interpretation. The actual rights and obligations of users because of using community services are protected and restricted by national laws and regulations, the Registration Agreement, and the Privacy Policy.
  2. The right of interpretation of this Convention shall be owned by Niki LiveNiki Liveofficials are obliged to continuously improve it and make it public in time.
  3. There is a conflict between any other provisions or regulations of the community and this Convention, this Convention as be standard.

This Convention implement on the date of promulgation.

 

 

PK说明En

How to Play
The host can invite or randomly match other host’s PK. Total PK duration is 7min, and the two parties agree on the failure penalty. After the PK ends, the loser will perform the agreed penalty.

How to Win

  1. During the PK, the party that receives more value wins (if the same value, it will be a tie).
  2. If one party interrupts the PK early or the network is interrupted, the other party automatically wins.
    3. The person who send out the most PK values of the winner party becomes the MVP!

PK Value Rules

  1. During the PK period, the host receives 1,000 coin gifts, which is equivalent to receiving 1,000 PK values.
    2. Lucky gifts or Flower gifts are not counted as PK values.

Critical Strike Time
When PK counts down to the 4th minute in each round, the critical strike time is activated for 90 seconds. Sending gifts during this period to get 1.3 times PK value!

PK 玩法介绍

玩法介绍
主播可邀请或随机匹配其他主播联屏PK。PK总时长7分钟,双方约定失败惩罚,PK结束后,失败方进行约定的惩罚.

PK胜负判定
1. PK期间,收到魅力多的一方获胜(收到魅力相同,则为平局)。
2. 某方提前中断PK或因网络原因中断,则对方自动获胜。
3. 获胜一方送出PK魅力最多者,成为当场PK助攻王!

PK魅力计算规则
1. PK期间,主播收到1000金币礼物,等效于收到1000 PK魅力。
2. 送幸运礼物,不计入PK魅力。

暴击时间
每局PK倒计时至第4分钟,开启暴击时间,持续90秒。暴击时间内送礼,对应增加PK魅力x1.3倍。

用户协议_Niki

Welcome to use Niki Live

imniki.com(herein after referred to as Niki) is owned and operared by Niki Group with registered address ROOM 2112C, 21/F, WITTY COMMERCIAL BUILDING, NOS. 1A-1L TUNG CHOI STREET KL.

Niki – Terms of UsePlease read carefully the following provisions of this TERMS OF USE (“TERMS OF USE”). This is a legal agreement
(collectively, the “Niki”) and you regarding the use of the Niki software programs and related documentation being installed by you on your device (the “Software”). By downloading the Software and/or using any of the services enabled by the Software (the “Services”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE OR Niki’S PRIVACY POLICY, YOU MAY NOT USE THE SOFTWARE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SOFTWARE AND ALL SERVICES.

  1. This paragraph is intended to apply to you if you have downloaded the Software from the app marketplaces such as the Apple App Store and the Google Play (the “NikiPlatform”). Nikiand you acknowledge that this Terms of Use is concluded between Nikiand you only, and not with the app marketplaces, and as between Niki and the marketplaces, Niki, not the marketplaces, is solely responsible for the Software and Services and the content thereof. This Terms of Use is not intended to provide for usage rules for the Software and Services that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the Terms of Service of the app marketplaces as of the date hereof (which you further acknowledge you have had the opportunity to review).2.      License Grant.Subject to your compliance with the terms and conditions set out in this Terms of Use, Niki grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Software, in object code format, only on your personal computer or mobile device (the “Device”) for the sole purpose of personally using the Niki application and any other applications that may be explicitly authorized by Nikifor use through use of the Software, and if you have downloaded the Software from the App Store or the Google Play, as permitted by the Usage Rules set forth in the eachapp marketplace Terms of Service as of the date hereof, you shall follow the usage rules set forth in this Application Market Terms of Service.3.      Ownership.The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to Niki and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to Niki and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Niki hereby expressly reserves all rights in the Software and all Services which are not expressly granted to you hereunder.4.      Restrictions.

You only obtain a license to use the object code version of the Software. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services; (ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Service and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever; (iv) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any of the Services; or (v) use the Software or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.

2. Additional Restrictions.

You further represent that you shall not (i) use the Software or any of the Services for any illegal or unauthorized purpose, (ii) use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services, (iii) transmit worms, viruses or any code of a destructive nature, (iv) display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications (“Content”) deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability, (v) attempt to hack, destabilize or adapt Niki’swebsite, the Software (or its source code) or any of the Services, or alter another website so as to falsely imply that it is affiliated with Niki, or (vi) use or access any of the Services by any means other than through the interface provided by Niki.

3. Your Utilization of Your Device.

If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent from the relevant third party for such use and by using the Software you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Software, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Software or Services will do so in accordance with this Terms of Use. You must delete any Software from the Device if you sell the Device, or if you cease to have the legal right to control use of the Device.

Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Niki does not endorse any Content and hereby expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the Niki Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.

4. Your Content.

You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the Software or Services and that Niki (and Apple or Google if you downloaded the Software from the App Store or Google Play) is not responsible to you or any third party in connection with any Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent and warrant that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. Niki RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THIS TERMS OF USE.

5. Third Parties.

The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement.

6. New Versions of the Software.

Niki, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Software or Services. Niki has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Software or any of the Services. You may have to agree to a renewed version of Terms of Use in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Software. You acknowledge that Niki may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Software and, accordingly, may modify, update or upgrade the version of the Software that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.

7. Third Party Fees.

For particular Devices, Niki may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees.

The license to use the Software and Services is not valid in any jurisdiction where prohibited. The Software and Services are intended solely for users who are eighteen (18) years of age or older, and any registration, use or access to the Software or Services by anyone under 18 is unauthorized, unlicensed, and in violation of this Terms of Use. Niki may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Software or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

8. No Access to Emergency Services.

The Software and Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the Software and Services. You acknowledge and agree that: (i) Niki is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Software, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) Niki is not a replacement for your primary telephone service.

9. Prevention of Unauthorized Use.

Niki reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.

  1. License Grant to Niki.

You hereby authorize Niki to collect and use the address books, contact lists, and unique phone identifiers (IMEI, UDID, or other) contained in the Devices to which you have downloaded the Software for purposes of your use of the Services.

   2. Premium and all kind of paid contents & item Services.

From time to time, Niki may provide additional features and/or Services that you pay for (the“Premium”). Niki may also offer from time to time in its sole discretion, certain Premium and all kind of paid contents & item Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Terms of Use to the Services include the Premium and all kind of paid contents & item Services. You will pay the Premium and all kind of paid contents & item Services by the paid coins you purchased via the Software in the first place. Only after all of your paid coins are consumed, you may use free coins to pay for Premium and all kind of paid contents & item Services.

   3. Payments for Premium and all kind of paid contents & item Services.

The Premium and all kind of paid contents & item Services may be offered on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at the time of your purchase. If you purchase any Premium and all kind of paid contents & item Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by Niki or the online application store from which you downloaded the Software (the “Application Store”). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase Premium and all kind of paid contents & item Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium and all kind of paid contents & item Services is terminated. You agree that if you purchase Premium and all kind of paid contents & item Services through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will Nikihave any responsibility in connection with any of the foregoing.

You may request a full refund for any Premium and all kind of paid contents & item Service purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store. Exceptions – 1) refunds are not available to users who are banned by Niki and its community, and 2) full-refunds are not available for partial-used purchases.

   4. Termination by You.

You may terminate your use of the Services at any time by uninstalling and deleting the Software from all of your Devices. If you have subscribed to any Premium and all kind of paid contents & item Services, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Premium and all kind of paid contents & item Services.

   5. Termination by Niki.

Without limiting any other remedies, Niki may limit, suspend, discontinue or terminate this Terms of Use and/or your use of all or any part of the Software and/or Services, with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if Niki believes that you are (i) in breach of any of the terms of this Terms of Use, (ii) creating problems or legal liabilities (actual or potential), (iii) delinquent with respect to any charges due for a Premium and all kind of paid contents & item Service, (iv) infringing a third party’s intellectual property rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that Nikiis under no obligation to provide the Services, including without limitation any Premium and all kind of paid contents & item Services, and that no Niki Party (as defined below) shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Software and/or any of the Services.

   6. Storage of Content.

Subject to the terms and conditions of this Terms of Use, Niki will use reasonable efforts to store your Content, if any, in connection with your use of a all kind of paid contents & item Service if such storage is a feature provided with the Premium and all kind of paid contents & item Service. You acknowledge and agree that Niki shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that no Niki Party is under any obligation to preserve, provide access to or return to you any Content. In addition, you further acknowledge and agree that, if you have elected to use a Premium and all kind of paid contents & item Service that includes the storage of Content and you are not active on the Premium and all kind of paid contents & item Service for thirty (30) days or longer (as determined by Niki), Niki may delete your Content for any reason, including technical, business or any other reasons.

  1. Third-Party Sites, Products and Services; Links.

The Services may include links or references to other web sites or services solely as a convenience to our users (“Reference Sites”). Niki does not endorse any such Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage you to be aware of when you leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. In addition, your correspondence or business dealings with advertisers found on or through the Services are solely between you and such advertiser.

“YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS,  Niki , ITS LICENSORS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING Niki EACH A “Niki PARTY” AND COLLECTIVELY THE “Niki PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THIS TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (E) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES BASED ON THE INCOME OF Niki). If you downloaded the Software from the the app marketplaces, you acknowledge that, in the event of any third party claim that the Software or Services or your possession and use of the Software or Services infringes any third party’s intellectual property rights, as between Nikiand the app marketplaces ,  Niki , not the app marketplaces, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Niki reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Niki, and you agree to cooperate with Niki ’s defense of these claims. You agree not to settle any matter without the prior written consent of Niki. “

You are not allowed to assign this Terms of Use or any rights or obligations hereunder. Niki is allowed at its sole discretion to assign this Terms of Use and any rights hereunder to any third party, without giving any prior notice.

  1. No Warranty.

The Software and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. The Niki Parties hereby disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE Niki PARTIES (AND IF YOU DOWNLOADED THE SOFTWARE FROM THE APP STORE OR GOOGLE PLAY, APPLE OR GOOGLE) WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE AND/OR ANY OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY UNINSTALL THE SOFTWARE AND CEASE USE OF THE SOFTWARE AND ALL SERVICES. You further acknowledge that the Niki Parties (and if you downloaded the Software from the App Store or Google Play, Apple or Google) have no obligation whatsoever to furnish any maintenance or support services with respect to the Software and/or Services.

  1. No Warranties.

THE Niki PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE Niki PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE SOFTWARE OR SERVICES.

  1. Harm to Your Device.

YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT. Loss of business or any other damages even  Niki or the others also informed of their possibility.

  1. Limitation of Liability.

IN NO EVENT SHALL THE Niki PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES, THIS TERMS OF USE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF Niki OR ANY OTHER Niki PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE Niki PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THIS TERMS OF USE OR USE OF THE SOFTWARE OR ANY OF THE SERVICES. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the Niki Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN Niki AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.

YOU AND Niki AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the Software from the app marketplaces, you further acknowledge that the app marketplaces have no responsibility for addressing any claims relating to the Software or Services or your possession and/or use of the Software or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Software or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  1. Basis of the Bargain.
    YOU ACKNOWLEDGE AND AGREE THAT NikiHAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Niki, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Niki. NikiWOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Any comments, suggestions, or feedback relating to the Software or any of the Services (the “Feedback”) submitted to Niki shall become the property of Niki. Niki will have exclusive ownership of all rights to the Feedback. Niki will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. Niki will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.

32.1  Notices.

Niki may provide you with notices, including those regarding changes to terms and conditions, by email, Notice will be deemed given twenty-four (24) hours after email is sent, unless Niki is notified that the email address is invalid. Notice posted on the Niki website is deemed given ten (10) days following the initial posting. Niki reserves the right to determine the form and means of providing notifications to our users.

32.2  Amendments.

Niki reserves the right to amend this Terms of Use at any time by publishing the revised Terms of Use on the Nikiwebsite or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised Terms of Use shall become effective following the applicable notice period, unless you expressly accept the revised Terms of Use earlier by clicking on the accept button. Your express acceptance or continued use of the Software or Services after the applicable notice period shall constitute your acceptance to be bound by the terms and conditions of the revised Terms of Use.

32.3  Ability to Contract.

You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use, and to abide by and comply with the terms and conditions of this Terms of Use.

32.4  Entire Agreement.

This Terms of Use represents the complete agreement concerning the matters covered and, except as set forth under Amendments above, may be amended only by a writing executed by both parties. If any provision of this Terms of Use is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

32.5  Waiver.

The failure of Niki to exercise or enforce any right or provision of this Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms of Use will be effective only if in writing and signed by Niki.

32.6  Headings.

The heading references herein are for convenience purposes only, do not constitute a part of this Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

32.7Injunctive Relief.

You acknowledge that the obligations made hereunder to Niki are of a unique and irreplaceable nature, the loss of which shall irreparably harm Niki and which cannot be replaced by monetary damages alone so that Niki shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

32.8   Third Party Beneficiaries and Agreements.

If you downloaded the Software from the app marketplaces, you acknowledge and agree that the app marketplaces are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this Terms of Use, the app marketplaces will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Software and Services is conditioned upon your compliance with, all applicable third-party terms of agreement, including those of any Application Store, as may be applicable, when using the Software and/or Services.

32.9        Injunctive Relief

You acknowledge that, with a unique and irreplaceable nature of the obligations under this Agreement undertake to Niki, its loss would be irreparable harm Niki, and it cannot be replaced only by monetary damages, so Niki is entitled to injunction or other equitable relief (no obligation). If there is any breach or anticipatory breach, you can post any bond or deposit. You irrevocably waive all rights to seek an injunction or other fair remedy.

32.10        Third Party Beneficiaries and Agreements.

If you download the Software from the app marketplaces, you acknowledge and agree that the app marketplaces are third party beneficiaries of this License Agreement and that after you accept the terms and conditions of these Terms of Use, the app marketplaces will have a three-way beneficiary enforces these Terms of Use (and will be deemed to have accepted the right). You agree to abide that you are using the Software and Services.

32.11       Move Caution And Choose Exit

Niki can use carrier distributed mobile messaging (SMS) to verify ownership of registered mobile phone numbers.

 

10. Additional Information:

For information or technical support for the event, please send an email to: help@imniki.com

Company Name: Niki Group

Address: ROOM 2112C, 21/F, WITTY COMMERCIAL BUILDING, NOS. 1A-1L TUNG CHOI STREET KL

 

Niki Group
September 28, 2022

User privacy policy_Niki

User privacy policy

Introduction

imniki.com(herein after referred to as Niki) is owned and operared by Niki Group with registered address ROOM 2112C, 21/F, WITTY COMMERCIAL BUILDING, NOS. 1A-1L TUNG CHOI STREET KL.

This is the Privacy Policy of  Niki & next versions (“Niki”, “us”, “we”, or “our”) and is incorporated In this Privacy Policy, we refer to our products and services as the “Service” . Your use of the Service signifies that you agree with the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, do not use the Service.
Information we collect
When you install the Service on your device and register with Niki, personally identifiable information about you may be collected during the download process for the Service (as requested from you during the download process) when you register with us. For registration through Niki, you are required to provide your mobile phone number or your email address, city location, gender, name, depending on the device(s) you are using on the Service. You may also provide personally identifiable information, but that is optional. When you log in using your Facebook,Google account, we may collect additional information you make available to us (see “Your User Profile”) below.

In addition, when you install the Service on your device and register with Niki, you may will be asked to allow us access to your address book. If you consent, we will have access to contact information in your address book on the devices you use for the Service (names, numbers, emails, and Facebook,Google ID, but not notes or other personal information in your address book) and we will store it on our servers and use it to help you use the Service, for example, by synchronizing your Niki contacts between different devices you may want to use with the Service. If you do not want Niki to store this information, you may opt-out through your account settings in the Niki application at any time. However we may not be able to offer some of the features that require this information.

Niki may also collect and gather non-personally identifiable information, such as certain profile information including country of residence and preferences. In addition, Niki may collect and store information about your and others’ usage of and interaction with the Service and our websites, including matches, numbers of matches made by members, match durations, text messages, usage by geographies, device and connection information, IP address, device capability, bandwidth, statistics on page views, network type and traffic to and from our websites.

Niki allows you to share text messages, photos, screenshots, videos and other communications in the Niki application with other users, and if you choose to do so your text messages, photos, screenshots, videos and other communications will be stored on our servers. In addition, if you choose to share these items with other Niki users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending and sharing text messages, photos, screenshots, videos or other communications in the Niki application is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available (depending in part on your actions or the actions of others with whom you have shared the information). Niki is not responsible for any use or misuse of information you share.

Niki may also collect and gather user contents (e.g., photos, screenshots, comments, and other materials) that you create on the Service. Your photo can be taken by other users on the Niki, and If they use capturing function provided by the Niki, those photos can be stored and used for Niki and 3rd party’s service(eg, Facebook,Google, etc.). You can change sharing option of 3rd party on the Niki settings. If you do not agree with all the terms of this Privacy Policy, do not use the Service.

To complete a commerce transaction on Niki item shop, you will be requested to provide your payment information, including your credit card number, card expiration date, CVV code, and billing address. In that event, we will transmit your information securely directly to a third party vendor or merchant who will collect such information in order to process and fulfill your purchase. Niki does not process or store your payment information. However, we may store other information about your purchases made on the Service, which may include the merchant’s name, the date, time and amount of the transaction and other behavioral information.

We also collect error-reporting information if the Service crashes or hangs up so that we can investigate the error and improve the stability of the Service for future releases. In general these reports do not contain personally identifiable information, or only incidentally. As part of these error reports, we receive information about the type and version of your device, the device identifier, the time the error occurred, the feature being used and the state of the application when the error occurred. We do not use this information for any purpose other than investigating and fixing the error. Sharing of your information We will not rent or sell your information to third parties without your consent, except as noted in this Policy. (Or the group of company to which Niki belongs )
IParties with whom we may share your information:

  • We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Nikiis part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your contents.
  • We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
  • We may also share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of users our app receives. This information does not contain any personal or personally identifiable information, and is used to develop content and services that we hope you will find of interest.
  • We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

Parties with whom you may choose to share your User Content:

  • Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public. With this feature, Nikican be protected from exhibitionism. Once you have shared User Content or made it public, that User Content may be re-shared by others.
  • If you remove information and contents(eg. Screenshots, etc.) that you created on the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties have copied or saved that information.(eg. Facebook,Google, etc.)

IHow we use information we collect

We use or may disclose your personal information only as follows:

  • To verify your identity;
  • To connect you with others as enabled by the Service;
  • To share your Profile with others on the Service;
  • To allow your use of certain features of the Service that may be offered from time to time (such as Premium Services (see our Terms of Use), etc.);
  • To show you the names of persons you communicate with and to show your name to persons you communicate with on the Service;
  • To deliver to you any administrative notices, alerts and communications relevant to your use of the Service;
  • To provide you with relevant content that you requested, using information that you allow us to collect from you or that you provide to a social media provider with which your Nikiaccount is connected, such as information regarding your and your Nikicontacts’ respective locations;
  • To contact you via email, SMS or otherwise for the purpose of informing you about new products, services or promotions offered by Niki(you can opt-out of such emails or SMSs by sending an email to jianghuer2022@gmail.com.);
  • For internal operations, including troubleshooting problems, data analysis, testing, research, improvements to the Service, detecting and protecting against error, fraud or other illegal activity;
  • When we have a good faith belief that the law, any legal process, law enforcement, national security or issue of public importance requires disclosure;
  • To protect and defend our rights or property (including to enforce our Terms of Use and other agreements); or
  • In connection with a corporate transaction involving Niki, such as the purchase or sale of a business unit, an acquisition, merger, sale of assets, or other similar event.
    IYour User Profile

The information you enter into your user profile (your “Profile”) may be shared with your Niki contacts. You control your Profile and you can access and modify your Profile from the Niki application at any time. In addition, if you register with Niki using your Facebook,Google account (e.g. Facebook,Google Connect), we may store your Facebook,Google ID and corresponding token on our servers and, if you give us your express consent, we will have access to and may collect certain information that you make available on Facebook,Google (for example, your first and last names, email address, profile picture, your friend lists and birthdays). Your Profile is available to other users of the Service who are connected to you on Niki. In addition, unless you opt-out (which you may do at any time in the Niki application), your Profile is discoverable by other Niki users, including by way of example in listings of contacts that will include your proximity to other users. You may also “block out” any Niki user in your contact list from discovering your Profile at any time. In addition, Niki may pre-populate your Profile with certain information such as your name and Facebook,Google profile picture if you or your friends have logged onto the Service using Facebook,Google.
IData Access and Removal

You can always control what information you choose to share with us on the Service. To do so, you can change your settings in the Service or in your mobile device. Alternatively, you can remove the Service from your mobile device entirely.

You can remove your data anytime you want. If you ask us to delete your account, we will use commercially reasonable efforts to remove your data from our servers.

Any personally identifiable information that (i) you share in text messages, photos, videos or otherwise in or through the Niki application with other users, or (ii) submit on a blog, bulletin board or chat room on our website or elsewhere, can be viewed and used by others, including to send you unsolicited messages or to commit identity theft. Niki is not responsible for any use or misuse of your information that might result from your disclosure of information.

IService Providers

Niki may share your personal information with Niki’s third-party service providers, but only in connection with providing the services to you. For example, Niki shares your phone number or email with third party SMS and email providers to deliver the authentication SMS or email to you when you register with Niki. We contractually require that these third parties use your information solely to deliver SMS or email to you and to use appropriate security measures to protect your information. In addition, certain Niki servers are owned and hosted by third party service providers. This Privacy Policy does not apply to the practices of third party service providers.
IOutbound Links

If you accessed a website, product or service provided by a third party, including through the Service or a Niki website, such third party may also collect information about you. Please see the privacy policies of each such third party for more information about how they use the information they collect. This Privacy Policy does not apply to any exchange of information between you and any third party.

Niki allows you to choose not to receive Niki And promotional e-mail service provider.according to Niki or services For information about how to unsubscribe provider sent description choose to subscribe to that particular e-mail message Exit.You can also contact us at service Niki@axiaodiao.com. to choose exit.

ISecurity

Protecting user privacy and personal information is a top priority Niki. We make substantial efforts to ensure the privacy of all personally identifiable information you provide to us. Access to all personally identifiable information is restricted to those Niki employees, contractors, agents and third-party service providers who need to know that information in order to provide, operate, develop, maintain, support or improve the Service. Niki uses password protection, access logs, and system monitoring to safeguard the confidentiality and security of all member information.

In addition, due to the inherent nature of the Internet and related technology, we do not guarantee the protection of information under our control against loss, misuse or alteration.
IData Transfer

Your information may be stored and processed in any country in which Niki maintains facilities,. In this regard, or for purposes of sharing or disclosing data as described in this Privacy Policy, Niki reserves the right to transfer information outside of your country. By using the Service, you consent to any such transfer of information outside of your country.

IAge

The Service is not directed to children under the age of eighteen (18) and we do not knowingly collect personally identifiable information from children under the age of eightteen as part of the Service. If we become aware that we have inadvertently received personally identifiable information from a user under the age of eighteen as part of the Service, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of eighteen as part of the Service.
INotification of Changes

We reserve the right at our discretion to make changes to this Privacy Policy. You may review updates to our Privacy Policy at any time via links on our website. You agree to accept electronic communications and/or postings of a revised Privacy Policy on the Niki web site, and you agree that such electronic communications or postings constitute notice to you of the Privacy Policy. We reserve the right to modify this policy from time to time, so please review it frequently.

If we make material changes to this policy, we will notify you by publishing a revised Privacy Policy or by means of a notice on our website, or as required by law. You agree to review the Privacy Policy periodically so that you are aware of any modifications. You agree that your continued use of the Service after we publish a revised Privacy Policy or provide a notice on our website constitutes your acceptance of the revised Privacy Policy. If you do not agree with the terms of the Privacy Policy, you should not use the Service.
IContact information

If you have any questions about this privacy policy, Please contact us at help@imniki.com.Any personally identifiable information related to this privacy policy only for queries and responses in line with our Privacy Policy

Date
This Privacy Policy released on October 20, 2022 .

User Recharge Agreement_Niki

Niki Live User Recharge Agreement

Hello dear users, please seriously read and sufficiently know and understand various rules and requirements at Niki Live platform and national laws and regulations about such kind of internet information service before agreeing to this agreement. If you object any clauses of the agreement, you may not use it; The usage of the agreement means you will consent to abide by all regulations under the agreement and any subsequent amendment in usage of agreement at any time, and completely obey our uniform management. The clauses which has or might have significant relationship with your rights and interests and the clauses which have or might have liability exemption or limited liabilities for Niki Live platform are marked with boldface in this Agreement. Please pay attention to that.

Please confirm that you own full capacity for civil conduct. If you are over 18 full years old or you are over 16 full years old and depend on your own labor income as main life source, you can register or use the service herein.

Chapter I General Provisions

Article 1   Niki Live platform is a kind of convenient interaction social platform provided by Niki Live team (hereinafter collectively referred to as “the team”) for users. The platform will provide users with the virtual gift, technical support, flow entrance, etc. for the service needed in video social contact.

Article 2  The platform ownership, operating right and management right are owned by the team.

Article 3  The final power of interpretation of the agreement is owned by the team.

Chapter II Purchase Rule of “Coins” 

Article 4 “Coins” is the virtual currency provided by the team for you and used for relevant consumption on the platform. You can freely purchase various products or services on the platform such as the virtual gifts, etc. with the “Coins”. You can donate the purchased virtual gifts to the host. But, the “Coins” can’t be converted into real currency, and you shall purchase the corresponding quantity of “Coins” as per own actual demand.

Article 5 The recharge and conversion proportion between Coins and real currency shall be subject to the value on the recharge page.

The platform reserves the right to unilaterally change, adjust, suspend or terminate the rules of purchasing “Coins” with real currency in accordance with the relevant legal provisions, the requirements of competent department, business development condition, etc. You consent to unconditionally receive the change, adjustment, suspension or termination of the above purchase rules, and will notify the information on the platform when the platform carries out the above action. The notice automatically takes effect from the date of publication without informing you separately and separately and without undertaking any responsibility of loss caused to you due to such action. 

Article 6 You must carefully confirm own account number and select the relevant operation options when using the recharge method.If recharge into false account number, false selection of recharge type, etc. due to false input account number, improper operation or incomprehension of recharge and billing method, etc. damage own equity, the platform will not make any compensation. Users understands and consents that they shall know the risk and independently undertake the loss generated by the risk in terms of their any trade or donation not happening at platform such as bank transfer, the third-party payment platform, gift donation, etc. And the platform doesn’t undertake any responsibility of user behavior which doesn’t happen at platform. 

Article 7 If you recharge in illegal method or in the recharge method not designated by the platform, the platform doesn’t guarantee such recharge is completed smoothly or correctly. If your equity is damaged due to that reason, the platform wouldn’t make any compensation, and platform reserves the right of terminating your account qualification and using various recharge services at any time. 

Article 8 After successful recharge, the “Coins” added by recharge in account number can be freely used by you on platform, but the platform wouldn’t provide any service of return or reverse conversion.

Article 9 If the platform finds the processing error generated due to system fault or any other reason, the platform is entitled to notify you by e-mail or other reasonable methods before correcting such error regardless of being conductive to platform or you. If such measure causes the “Coins” quantity actually received by you is less than that you shall obtain, the platform would complement the balance in your account as soon as possible after confirming such processing error. If such error causes the “Coins” quantity actually received by you is more than that you shall obtain, the platform is entitled to directly deduct the balance from your account regardless of the nature and reason of error. 

Chapter III Right Declaration 

Article 10 You can view the balance condition of your “Coins” on mobile phone APP at any time. If you have objection on such record, you shall immediately propose to platform, and the platform will correct the error after verrification; Otherwise you consent the transaction record on platform will be regarded as the only effective basis of “Coins” transaction.

Article 11 The platform is entitled to set up the relevant matters involving transaction at any time based on the transaction safety, etc., including but not limited to the transaction quota, transaction times, etc. You know the above-mentioned setting of platform may be inconvenient for your transaction, and you have no objection to this.

Article 12 In any case, the responsibility of the third party in providing the relevant services involved when you purchase “Coins” is undertaken by the third party, the platform doesn’t undertake such responsibility. 

Article 13 Upon recharge, you shall ensure you are the holder of the bound account and can use such account legally and effectively without infringing the legitimate rights and interests of any third party, otherwise, for the loss of actual owner of account caused due to that, you shall be separately responsible for solving the disputes generated due to that and undertaking all legal responsibilities. 

Article 14 For the failure of providing “Coins” purchase service by platform due to your own reason or any error happened upon providing the “Coins” purchase service, any loss or responsibility is undertaken by yourself voluntarily and the platform doesn’t undertake the responsibility, including but not limited to:

(1) You fails to operate as per any rule published in the agreement or at platform at any time; (2) Your account number loses efficacy, is lost and closed; (3) The property loss incurred due to notifying others of password by you; (4) The property loss incurred due to your individual intention or major fault.

Article 15 The platform system can’t operate normally due to the following conditions, as a result, you can’t use various services or any virtual property is lost, then the team doesn’t undertake the compensation for damage responsibility. Such condition includes, but not limited to: (1) During the system shut-down for maintenance, updating and adjustment announced on the platform; (2) The telecommunication or equipment suffers fault and fails to transmit data. (3) The business can’t be implemented when the platform system has fault due to the force majeure such as the typhoon, earthquake, tsunami, flood, outage, war, terrorist attack, government regulations, etc.; (4) The Service is suspended or delayed due to hacker attack, technical modifications or failure of telecommunication department, website upgrading, problems of the relevant third party, etc.

Chapter IV Rules of Punishment 

Article 16 In case of any following condition, the platform is entitled to suspend or terminate providing you with the network service under the agreement without notifying you at any time: (1) The personal information provided by you is not true; (2) You violate the purchase rule as specified in the agreement. Except for the situations above mentioned, the platform will reserve the right to suspend or terminate part of or all internet recharge service without informing you in advance, and the platform will not bear any responsibilities for you or any third party for any loss caused by suspending or terminating the recharge service.

Article 17 If the users illegally use the App Store recharge agency of others’ iPhone or illegally purchase “Coins” through other channels which aren’t recognized by platform, the platform is entitled to freeze such account and conduct the corresponding punishment, and the account can be sealed if the condition is severe.

Article 18 Recharge Terms for Minors

Juveniles are not familiar with the world and are easily confused by the virtual world. Guardians should pay more attention to the growth of juveniles, provide correct guidance to juveniles in using this product or service, prevent juveniles from accessing the payment information of their guardians’ Niki Live accounts and third-party accounts, and remind juveniles to pay attention to network security issues, so as to promote the healthy growth of juveniles.

2 .You must be of lawful age to enter into a contract in the jurisdiction where you reside in order to use Niki Live. Niki Live reserves the right to request documents and information from you and to suspend or terminate your account if you are not of lawful age to contract.

 

Article 19 Confidentiality Obligation

  1. Economic, direct or indirect losses shall be compensated by you. Trade secret refers to all practical and non-public information provided by Niki LIVE, or learned by you during the use of platform services, or undertaken by Niki Live to keep confidential to a third party. This information is related to Niki Live business and can bring economic benefits to Niki Live , including but not limited to technical information, business information and information related to Niki Lives information and documents related to the administration of Niki Live (including these Terms of Service and other related policies or agreements), the amount and settlement method of service fees you receive from Niki Live, standards, ownership methods, authorization methods, customer lists, lists of other anchors, contact information, service fees, Niki Live staff lists and other non-public information.

2. You shall strictly abide by this Agreement. Without the written authorization or consent of Niki Live, you shall not:

(1) In any way, disclose to a third party or the general public.

(2) Use the trade secrets of Niki Live for purposes other than those specified in this Agreement.

3. This clause shall survive the termination of this Agreement.

 

 

Article 20 Prohibition of Money Laundering

1. ‘Money laundering’ refers to the proceeds of crime and the proceeds generated by it through the concealment and disguise of its source and nature, so as to make it formally legalized behavior. 

2. The user undertakes to strictly abide by anti-money laundering laws and regulations in its business activities and not to engage in any money laundering activities.

3. The user shall cooperate with the work of anti-money laundering regulatory bodies, truthfully provide anti-money laundering related information, in the discovery of suspicious transactions, should be promptly reported to the anti-money laundering regulatory bodies

4. The user shall bear the corresponding legal responsibility if the user’s fulfillment of anti-money laundering obligations leads to criminal money laundering activities due to intent or negligence.

 

Article 21 If the users violate the national laws and regulations, User Registration Protocol, User Recharge Agreement, the agreement or management regulations of users on other platforms when using the platform, the platform is entitled to ban your account number temporarily or permanently. After sealing of account and before ban lifting, the remaining “Coins” on your account will be frozen temporarily or deducted completely, the virtual products or services on purchase platform can’t be used continuously, in the meantime, the cash value of purchased “Coins” isn’t returned.

Chapter V Supplementary Provisions 

Article 22 The platform reserves the right of amending or supplementing the contents in the agreement. The amended document of the agreement will be announced on the platform or in other feasible methods of platform. The amended document immediately takes effect once released and is also suitable to the users before validation. If you continue using the service after the amendment of contents in the agreement, you are regarded to consent the agreement contents with the latest revision; Otherwise, you shall immediately stop using the service.

Article 23 The disputes incurred due to the agreement or related to the agreement will be solved by platform by negotiating with you. If the negotiation fails, any party is entitled to file a lawsuit to the local court with jurisdiction of the place where the agreement is concluded and signed.

Article 24 If part of contents in this Agreement is regarded to be illegal or invalid by the court with jurisdiction, the validity of other contents shall not be affected.

Article 25 Please refer to the relevant national laws and regulations for matters not mentioned herein. In the event of any conflict between this Agreement and national laws and regulations, the latter shall prevail.

Member Description_Niki

Member description

1、 Contents of Member Services

Members support continuous monthly subscription. After you pay to open the member service, you can enjoy various exclusive privileges and value-added services within the corresponding service period.

Niki Live member automatic subscription service description

Subscription service: Niki Live members have a continuous monthly subscription (1 month)

Payment: after confirming the purchase and making payment, the payment will be credited to the iTunes account

Renewal: the Apple iTunes account will deduct the fee within 24 hours before the expiration, and the subscription period will be extended by one subscription period after the deduction

Cancel renewal: to cancel renewal, please click [Apple ID] – select [View Apple ID] – enter [account settings] – click [subscription] on [settings] – enter [iTunes Store and app store] – select Niki Live member to cancel subscription. If the subscription is not closed at least 24 hours before the end of the subscription period, the subscription will be automatically renewed

2、 About paid services

You understand and agree that the member subscription service is a paid service, and Niki Live will charge the Internet value-added service usage fee; You can check the specific period and corresponding fees of the member subscription service on the relevant service page and choose the service type by yourself. After the member subscription function is enabled, no matter whether you actually use the service or access the electronic content within the corresponding service period, the paid fees do not support refund.

You understand and agree that Niki Live has the right to revise the charging standards and rules related to member subscription services at its own discretion from time to time. Such standards and rules will become effective once they are published and form an effective part of this clause. If you do not agree with the above standards, rules and amendments, you have the right to stop using the member subscription service. If you continue to use the member subscription service, you will be deemed to agree to the relevant content.

III. Disclaimer

Niki Live has the right to independently determine the specific content of the member subscription service according to the product plan and operation, and has the right to add or remove the electronic content or suspend or terminate the provision of some services of the member subscription service according to the copyright of the electronic content. The foregoing decision will take effect without notice. You agree that Niki Live is exempt from this responsibility.