2. Services ContentOur mission is to give people the power to build community, connect the world and share their beautiful moments. To help advance this mission with a vision to be a content platform inspiring one billion people's lives, we provide the services described below to you: i. User Generated Content. Candy LIVE allows users to distribute streaming live, use services, such as chat, bulletin boards, forum postings, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Services (“User Content”). Users of the Services may also overlay music, graphics, stickers, virtual items and other features provided by Candy LIVE (“Candy LIVE Features”) onto this User Content and transmit this User Content through the Services. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values. ii. Help you discover content, products, and services that may interest you. We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use Candy LIVE. iii. Combat harmful conduct and protect and support our community. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Services, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. iv. Global access to our Services To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Candy Company name and its affiliates.
6. Virtual ItemsYou can only buy virtual diamonds (“Diamonds”) and virtual gifts (Gifts), send Gifts to others, receive Gifts with monetary value, earn virtual beans (“Beans”) and withdraw Beans if you are aged 18 (or age of majority in your jurisdiction) or older. The price of the Diamonds will be displayed at the point of purchase. All charges and payments for Diamonds will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider. You will be responsible for the payment of any Diamonds purchased by you. Once your purchase has been completed, your user account will be credited with Diamonds. Diamonds can be used to purchase Gifts. Diamonds cannot be exchanged for cash, or legal tender, or currency of any state, region, or any political entity, or any other form of credit. Diamonds can only be used on Candy LIVE and as part of our Services, and cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except those designated by us. Except as otherwise set out in this Agreement, all sales of Diamonds and Gifts are final, and we do not offer refunds for any purchased Diamonds and Gifts. Diamonds and Gifts cannot be converted into or exchanged for cash, or be refunded or reimbursed by us for any reason.
7. Payment TermsWe accept major credit cards, certain debit cards and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize us, or our designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available by Candy LIVE. Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and date of birth) for the purpose of making payment through its financial institutions and complying with applicable international, national, federal, state, and local laws and regulations. They may also communicate directly with you regarding any issues with a payment. If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact customer support via the email address made available to you in connection with the purchase. For purchases on the Service, you may contact Candylive.email@example.com.
8. Intellectual Property RightsAll text, data, images, graphics, audio and/or video information and other materials within the Services provided by Candy LIVE are property of Candy LIVE are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring any license of any intellectual property rights or such materials by Candy LIVE to you. By using and/or uploading any live stream content or other content through a Candy LIVE Services to publicly accessible areas of Candy LIVE website, you grant to Candy LIVE and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology. 9. Terminating Services To the fullest extent permitted by applicable law, Candy LIVE reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to post User Content), and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use of the Services violates this Agreement or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these terms of Services, (iii) any policy or practice of Candy LIVE in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.
10. DisclaimersYou shall be fully responsible for any risks involved in using Candy LIVE Services. Any use or reliance on Candy LIVE Services will be at your own risk. Under no circumstance does Candy LIVE guarantee that the Services will satisfy your requirements, or guarantee that the Services will be uninterrupted. The timeliness, security and accuracy of the Services are also not guaranteed. You acknowledge and agree that the Services is provided by Candy LIVE on an “as is” basis. Candy LIVE make no representations or warranties of any kind express or implied as to the operation and the providing of such Services or any part thereof. Candy LIVE shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Services and shall not be responsible for any consequences which may arise from your use of such Services. Candy LIVE does not guarantee the accuracy and integrity of any external links that may be accessible by using the Services and/or any external links that have been placed for the convenience of you. Candy LIVE shall not be responsible for the content of any linked site or any link contained in a linked site, and Candy LIVE shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Services by you. Moreover, Candy LIVE shall not bear any responsibility for the content of any webpage that you are directed via an external link that is not under the control of Candy LIVE. Candy LIVE shall not bear any liability for the interruption of or other inadequacies in the Services caused by circumstances of force majeure, or that are otherwise beyond the control of Candy LIVE. However, as far as possible, Candy LIVE shall reasonably attempt to minimize the resulting losses of and impact upon you.
11. Legal JurisdictionThis Agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to choice of law principles. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. To make a request, please go here.
12. Request for informationAll requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from any Candy LIVE Services must be made using the appropriate level of legal process, and must be properly served on Candy LIVE via SKY MEDIA (HK) LIMITED.
13. Modification of the AgreementWe amend these terms of the Agreement from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these terms, such as through a notice on Candy LIVE platform. However, you should look at the Agreement regularly to check for such changes. Your continued access or use of the Services after the date of the new terms constitutes your acceptance of the new terms. If you do not agree to the new terms, you must stop accessing or using the Services.
14. Other TermsThis Agreement constitutes the entire agreement of agreed items and other relevant matters between both parties. Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement. If any provision of this Agreement is rendered void or unenforceable by competent authorities, in whole or in part, for any reason, the remaining provisions of this Agreement shall remain valid and binding. The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement.