Kiyo Live Service:

Ugc terms-of-use agreement

These terms of use regarding user-generated content ("UGC Terms") apply to the use and/or distribution of certain user-generated content by Kiyo Communications, Inc., including but not limited to various websites, social channels, TV broadcasts, and Use on mobile apps and other promotional activities (collectively referred to as "promotional channels").
Because Kiyo uses and/or distributes your content, including but not limited to images, text, designs, illustrations, music, lyrics, photos, videos or other intellectual property rights related to this ("User Content"), you acknowledge and After agreeing to use or distribute any user content by Kiyo through its promotional channels or through the promotional channels of its licensees and/or brand partners, you will be bound by these UGC terms. Agree to these UGC terms means that you grant Kiyo the right to use your user content in accordance with these UGC terms. If you sign this agreement on behalf of an organization, you have the right to do so.
Kiyo reserves the right to modify these UGC Terms by publishing a revised version of these UGC Terms without prior notice, and the modification will take effect immediately. Therefore, you should review the UGC terms regularly and often.
You agree and confirm that Kiyo or its sublicensees and/or brand partners use and process any personal data related to your user content in accordance with Kiyo's privacy policy.

User content license

You should always retain ownership of user content. You hereby grant Kiyo and its executives, employees, affiliates, related companies, agents, licensees, sublicensees, brand partners, production partners, social media platforms, contractors, successors, legal representatives , Transferors, third-party service providers and their respective brand partners, marketing or public relations agencies, and other affiliated companies ("licensees") are global, permanent, irrevocable, royalty-free, fully paid, non-exclusive, Transferable and permitted sublicensing rights and licenses, allowing the licensee to use, publish, broadcast, transmit, distribute and redistribute (i) your user content and (ii) your user name and name in any way at its sole discretion , Voice, image, portrait or other identifying information ("name and/or portrait") that appears in your user content, including but not limited to web pages and social media pages operated by the licensee, promotional emails and advertisements, Any and all other marketing, promotion and advertising activities, and any media known now or in the future.
The licensee can decide to use, display, copy, distribute and transmit your user content in any way, create derivative works based on your user content, combine your user content with other materials, change and/or edit your user The content, in any case, does not need to bear any responsibility to you. The use of your user content or the name and/or portrait related to your user content can be used by the licensee without submitting any approval to you.
Despite the foregoing provisions, the licensee is not obliged to use any rights granted by you. The licensee can choose to use, use and stop using, reuse or not use your user content or name and/or likeness at any time. Licensee's use of your user content or name and/or likeness does not imply endorsement of you or any association with you. Here, you waive the right to inspect or approve the use of user content or name and/or portrait by the licensee under the following license.

Your representative

You represent and guarantee:


(i) You are not a minor, or you are the parent/guardian of all minors (if any) described in your user content.
(ii) You have full rights, powers and authority to grant the rights described in these UGC Terms;
(iii) You own all rights to your user content and your name and/or portrait, and/or have obtained corresponding rights and permissions from any and all other persons and/or entities that own, manage or Otherwise claim any rights related to such user content and name and/or likeness, therefore, you have all the necessary licenses, rights, consents and permissions to publish user content and name and/or likeness and grant the grants granted in this article Rights, including the rights of all persons who appear and/or behave in user content;
(iv) The use of the user content and name and/or portrait described in this article by the licensee will not infringe the rights of any third party, nor will it violate any laws, rules or regulations, including but not limited to consumer protection, copyright, trademarks , Patents, trade secrets, privacy, publicity, ethics, ownership or other rights and laws;
(v) User content and name and/or portrait are not confidential, slanderous, defamatory, obscene, pornographic, abusive, obscene, threatening, harassing, hateful, offensive or other illegal content;
Here, you completely exempt and release any liability related to the use of your user content and name and/or portrait by the licensee, and guarantee that the licensee and any person or entity representing them will not suffer any damage as a result.
If necessary, you will sign any documents where necessary in a necessary manner in order to protect, improve or fulfill any rights granted to Kiyo by you under these UGC Terms.
other
These UGC terms are governed by California law, except for conflicts with legal rules. Here, you agree that personal jurisdiction and territorial jurisdiction belong to the state and federal courts in Santa Clara County, California.
You agree that if Kiyo does not exercise or perform any legal rights or remedies contained in these UGC terms (or under any applicable law, Kiyo benefits from them), it will not be considered as a formal exemption from Kiyo's rights, and these rights or The remedy still applies to Kiyo.
If any court that has the power to make a ruling on this matter ruled that any provision of these UGC Terms is invalid, that provision will be deleted, but it will not affect the rest of the UGC Terms. The remaining provisions of this UGC clause will continue to be valid and enforceable.release, and/or permission of each and every identifiable individual person in the User Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Status Submissions, but you have to have the rights in the first place. However, by submitting the User Status Submissions to Kiyo, you hereby grant Kiyo a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Status Submissions in connection with the Kiyo Service and Kiyo's (and its successor's) business , including without limitation for promoting and redistributing part or all of the Kiyo Service (and derivative works thereof) in any media formats and through any media channels. You also h ereby grant each subscriber to your status on the Kiyo Service a non-exclusive license to access your User Status Submissions through the Service, Email, and mobile phone and to display parts of User Status Submissions as permitted through the functionality of the Service and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Status Submission from the Kiyo Service.
3. In connection with User Status Submissions, you further agree that you will not: (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Dika all of the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage Dika or any third party; (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (3a) submit, post, or transmit any content that depicts, encourages, or facilitates child sexual abuse, child sexual exploitation, child grooming, child pornography (including Child Sexual Abuse Material - CSAM), or any other form of harm, endangerment, or abuse against minors;(4) post advertisements or solicitations of business; (5) impersonate another person; (6) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agent s or programs; (7) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (8) attempt to gain unauthorized access to the Service or its related systems or networks.
4. Adult content must be identified as such. Kiyo does not endorse any User Status Submission or any opinion, recommendation, or advice expressed therein, and Kiyo expressly disclaims any and all liability in connection with User Status Submissions. Kiyo does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Kiyo will remove all Content and User Status Submissions if properly notified that such Content or User Status Submission infringes on another's intellectual property rights. Kiyo reserves the right to remove Content and User Status Submissions without prior notice. Kiyo may also terminate a user's access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Status Submission removed from the Website more than twice. An annoying person is anyon e who is (capriciously or not) determined to be annoying by authorized Kiyo employees, agents, subagents, or super agents. Kiyo also reserves the right to decide whether content or a User Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Kiyo may remove such User Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
4a. Child Safety and Zero-Tolerance Policy: Dika has a strict zero-tolerance policy towards any content or behavior that harms, exploits, or endangers minors. (i) Prohibited Content: You are strictly prohibited from uploading, sharing, sending, or promoting any Child Sexual Abuse Material (CSAM), Child Sexual Exploitation and Abuse (CSAE) content, child grooming material, or any content that facilitates or encourages the sexualization, exploitation, or abuse of children. (ii) Enforcement and Account Termination: Any user who violates this Child Safety policy will have their access to the Dika Service terminated immediately and permanently without prior notice. Dika reserves the right to delete all offending content and permanently ban the offending user's device and phone number from accessing the Service. (iii) Reporting to Authorities: Dika complies with applicable laws, meaning we will actively cooperate with law enforcement and relevant global organizations (such as the National Center for Missing & Exploited Children - NCMEC) to report any instances of CSAM/CSAE detected on our Service. (iv) User Reporting Mechanism: Users can report any suspected child exploitation or safety violations directly within the app's reporting interface or by contacting our support team. We will review and act on all such reports within 24 hours.
5. You understand that when using the Kiyo Service you will be exposed to User Status Submissions from a variety of sources, and that Kiyo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Status Submissions , and that such User Status Submissions are not the responsibility of Kiyo. You further understand and acknowledge that you may be exposed to User Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kiyo with respect thereto, and agree to indemnify and hold Kiyo, its Owners/Operators, affiliateUser-generated content license agreement
These terms of use regarding user-generated content ("UGC Terms") apply to the use and/or distribution of certain user-generated content by Kiyo Communications, Inc., including but not limited to various websites, social channels, TV broadcasts, and Use on mobile apps and other promotional activities (collectively referred to as "promotional channels").
Because Kiyo uses and/or distributes your content, including but not limited to images, text, designs, illustrations, music, lyrics, photos, videos or other intellectual property rights related to this ("User Content"), you acknowledge and After agreeing to use or distribute any user content by Kiyo through its promotional channels or through the promotional channels of its licensees and/or brand partners, you will be bound by these UGC terms. Agree to these UGC terms means that you grant Kiyo the right to use your user content in accordance with these UGC terms. If you sign this agreement on behalf of an organization, you have the right to do so.
Kiyo reserves the right to modify these UGC Terms by publishing a revised version of these UGC Terms without prior notice, and the modification will take effect immediately. Therefore, you should review the UGC terms regularly and often.
You agree and confirm that Kiyo or its sublicensees and/or brand partners use and process any personal data related to your user content in accordance with Kiyo's privacy policy.
User content license
You should always retain ownership of user content. You hereby grant Kiyo and its executives, employees, affiliates, related companies, agents, licensees, sublicensees, brand partners, production partners, social media platforms, contractors, successors, legal representatives , Transferors, third-party service providers and their respective brand partners, marketing or public relations agencies, and other affiliated companies ("licensees") are global, permanent, irrevocable, royalty-free, fully paid, non-exclusive, Transferable and permitted sublicensing rights and licenses, allowing the licensee to use, publish, broadcast, transmit, distribute and redistribute (i) your user content and (ii) your user name and name in any way at its sole discretion , Voice, image, portrait or other identifying information ("name and/or portrait") that appears in your user content, including but not limited to web pages and social media pages operated by the licensee, promotional emails and advertisements, Any and all other marketing, promotion and advertising activities, and any media known now or in the future.
The licensee can decide to use, display, copy, distribute and transmit your user content in any way, create derivative works based on your user content, combine your user content with other materials, change and/or edit your user The content, in any case, does not need to bear any responsibility to you. The use of your user content or the name and/or portrait related to your user content can be used by the licensee without submitting any approval to you.
Despite the foregoing provisions, the licensee is not obliged to use any rights granted by you. The licensee can choose to use, use and stop using, reuse or not use your user content or name and/or likeness at any time. Licensee's use of your user content or name and/or likeness does not imply endorsement of you or any association with you. Here, you waive the right to inspect or approve the use of user content or name and/or portrait by the licensee under the following license.
Your representative
You represent and guarantee:
(i) You are not a minor, or you are the parent/guardian of all minors (if any) described in your user content.
(ii) You have full rights, powers and authority to grant the rights described in these UGC Terms;
(iii) You own all rights to your user content and your name and/or portrait, and/or have obtained corresponding rights and permissions from any and all other persons and/or entities that own, manage or Otherwise claim any rights related to such user content and name and/or likeness, therefore, you have all the necessary licenses, rights, consents and permissions to publish user content and name and/or likeness and grant the grants granted in this article Rights, including the rights of all persons who appear and/or behave in user content;
(iv) The use of the user content and name and/or portrait described in this article by the licensee will not infringe the rights of any third party, nor will it violate any laws, rules or regulations, including but not limited to consumer protection, copyright, trademarks , Patents, trade secrets, privacy, publicity, ethics, ownership or other rights and laws;
(v) User content and name and/or portrait are not confidential, slanderous, defamatory, obscene, pornographic, abusive, obscene, threatening, harassing, hateful, offensive or other illegal content;
Here, you completely exempt and release any liability related to the use of your user content and name and/or portrait by the licensee, and guarantee that the licensee and any person or entity representing them will not suffer any damage as a result.
If necessary, you will sign any documents where necessary in a necessary manner in order to protect, improve or fulfill any rights granted to Kiyo by you under these UGC Terms.
other
These UGC terms are governed by California law, except for conflicts with legal rules. Here, you agree that personal jurisdiction and territorial jurisdiction belong to the state and federal courts in Santa Clara County, California.
You agree that if Kiyo does not exercise or perform any legal rights or remedies contained in these UGC terms (or under any applicable law, Kiyo benefits from them), it will not be considered as a formal exemption from Kiyo's rights, and these rights or The remedy still applies to Kiyo.
If any court that has the power to make a ruling on this matter ruled that any provision of these UGC Terms is invalid, that provision will be deleted, but it will not affect the rest of the UGC Terms. The remaining provisions of this UGC clause will continue to be valid and enforceable.release, and/or permission of each and every identifiable individual person in the User Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Status Submissions, but you have to have the rights in the first place. However, by submitting the User Status Submissions to Kiyo, you hereby grant Kiyo a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Status Submissions in connection with the Kiyo Service and Kiyo's (and its successor's) business , including without limitation for promoting and redistributing part or all of the Kiyo Service (and derivative works thereof) in any media formats and through any media channels. You also h ereby grant each subscriber to your status on the Kiyo Service a non-exclusive license to access your User Status Submissions through the Service, Email, and mobile phone and to display parts of User Status Submissions as permitted through the functionality of the Service and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Status Submission from the Kiyo Service.
3. In connection with User Status Submissions, you further agree that you will not: (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Kiyo all of the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage Kiyo or any third party; (3) submit material that is unlawful , obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (4) post advertisements or solicitations of business; (5) impersonate another person; (6) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agent s or programs; (7) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (8) attempt to gain unauthorized access to the Service or its related systems or networks.
4. Adult content must be identified as such. Kiyo does not endorse any User Status Submission or any opinion, recommendation, or advice expressed therein, and Kiyo expressly disclaims any and all liability in connection with User Status Submissions. Kiyo does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Kiyo will remove all Content and User Status Submissions if properly notified that such Content or User Status Submission infringes on another's intellectual property rights. Kiyo reserves the right to remove Content and User Status Submissions without prior notice. Kiyo may also terminate a user's access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Status Submission removed from the Website more than twice. An annoying person is anyon e who is (capriciously or not) determined to be annoying by authorized Kiyo employees, agents, subagents, or super agents. Kiyo also reserves the right to decide whether content or a User Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Kiyo may remove such User Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
5. You understand that when using the Kiyo Service you will be exposed to User Status Submissions from a variety of sources, and that Kiyo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Status Submissions , and that such User Status Submissions are not the responsibility of Kiyo. You further understand and acknowledge that you may be exposed to User Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kiyo with respect thereto, and agree to indemnify and hold Kiyo, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Kiyo permits you to link to materials on the Service for personal, non-commercial purposes only. Commercial versions are available under separate licensing and terms. Kiyo reserves the right to discontinue any aspect of the Kiyo Service at any time. YOU agree THAT YOUR USE OF THE Kiyo SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Kiyo, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE. Kiyo MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (RESAMAGE HAT, OF CONTENT, (RESAMAGE) PERSONAL INJURY, ORPER INJURY, OR FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY IN TERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERROR OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Kiyo SERVICE. Kiyo DOESEERESPON WARRANT AS, ENDORSE, ANTORSSI, ENDORSE, ORILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Kiyo SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND Kiyo WILL NOT BE A PARTY TO OR IN WAY BE A PARTY ACTION RESPON BETEN RESPON YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
Limitation of Liability
IN NO EVENT SHALL Kiyo, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, CONSEQUENTIAL OF ANY (1) ERROR, CONSEQUENTIAL , (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, /OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Kiyo CLIENT AND CONTENT, WHETHER ON WARRANTY, CONTRACT, TORT, OR ANY OTHER L EGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KiyoS SUBABLE ORABLE SHUSER BES THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT YOU WILL NOT USE THE PRODUCT WHILE OPERATING A MOTOR VEHICLE, FOR TIME-CRITICAL OR EMERGENCY SERVICES OR EVENT OR FOR ANY OPERATION WHERE INJURY, DEATH, OR ECONOMIC DAMAGE COULD OCCUR.
Kiyo makes no representations that the Kiyo Service is appropriate or available for use in all the locations. Those who access Kiyo or use the Kiyo Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless Kiyo, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Kiyo Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright , property, or privacy right; or (iv) any claim that one of your User Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Kiyo Service. We don't support or encourage illegal consumption of alcohol or tobacco.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred o
These Terms of Service apply to all users of the Kiyo Live Service. Kiyo Live provided status information may contain links to third party websites that are not owned or controlled by Kiyo Live . Kiyo Live has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Kiyo Live will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Kiyo Live shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
Kiyo Live Access
1.Subject to your compliance with these Terms of Service, Kiyo Live hereby grants you permission to use the Service, provided that: (1) your use of the Service as permitted is solely for your personal, noncommercial use; (2) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Kiyo Live's prior written authorization; (3) you will not attempt to reverse engineer, alter or modify any part of the Service; and (4) you will otherwise comply with the terms and conditions of these Terms of Service. 
2. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Kiyo Live with your phone number, as well as the phone numbers of third parties whom you wish to use the Service with. When providing your phone number, you must provide accurate and complete information. You hereby give your express consent to Kiyo Live to use the phone numbers you provide for use in providing you access and use of the Service. You may never use another person's phone number without their permission. You are solely responsible for the status message that is displayed for your phone number. You must notify Kiyo Live immediately of any breach of security or unauthorized use of your phone. Although Kiyo Live will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kiyo Live or others due to such unauthorized use.

Intellectual Property Rights

The design of the Kiyo Live Service along with all text, scripts, graphics (including stickers), interactive features and the like made available in connection with the Kiyo Live Service (collectively, the "Kiyo Live Client and Content"), except all User Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Kiyo Live, subject to copyright and other intellectual property rights under British Virgin Islands and foreign laws and international conventions. Subject to these Terms of Service, you are granted a personal, non-exclusive, non-transferable, revocable, limited license to install and use, only in connection with the Service, the Kiyo Live Client and Content for personal and non-commercial purposes only. The Service, including the Kiyo Live Client and Content, is provided to you as is for your information and personal non-commercial use only. Kiyo Live reserves all rights not expressly granted in and to the Service and the Kiyo Live Client and Content. You agree to not engage in the use, copying, distribution or other exploitation of any of the Kiyo Live Client and Content other than expressly permitted herein, including any use, copying, or distribution of User Status Submissions of third parties obtained through the Service for any commercial purposes. You further agree not to use the Kiyo Live Client and Content in a manner that would infringe or violate the rights of any third party and that we are not in any way responsible for any such use by you.

User Status Submissions

1. The Kiyo Live Service permits the submission of status text and other communications submitted by you and other users ("User Status Submissions") and the hosting, sharing, and/or publishing of such User Status Submissions. As clarified in the following section, you retain your ownership rights in your User Status Submissions. You understand that whether or not such User Status Submissions are published, Kiyo Live does not guarantee any confidentiality with respect to any submissions.
2. You shall be solely responsible for your own User Status Submissions and the consequences of posting or publishing them. Because Kiyo Live is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Kiyo Live, and Kiyo Live makes no guarantees as to the validity, accuracy or legal status of any status. In connection with User Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Kiyo Live to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Status Submissions to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Status Submissions, but you have to have the rights in the first place.
However, by submitting the User Status Submissions to Kiyo Live, you hereby grant Kiyo Live a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Status Submissions in connection with the Kiyo Live Service and Kiyo Live's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Kiyo Live Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Kiyo Live Service a non-exclusive license to access your User Status Submissions through the Service, Email, and mobile phone and to display parts of User Status Submissions as permitted through the functionality of the Service and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Status Submission from the Kiyo Live Service. 
3. In connection with User Status Submissions, you further agree that you will not: (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Kiyo Live all of the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage
Kiyo Live or any third party; (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (4) post advertisements or solicitations of business; (5) impersonate another person; (6) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (7) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
(8) attempt to gain unauthorized access to the Service or its related systems or networks. 
4. Adult content must be identified as such. Kiyo Live does not endorse any User Status Submission or any opinion, recommendation, or advice expressed therein, and Kiyo Live expressly disclaims any and all liability in connection with User Status Submissions. Kiyo Live does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Kiyo Live will remove all Content and User Status Submissions if properly notified that such Content or User Status Submission infringes on another's intellectual property rights. Kiyo Live reserves the right to remove Content and User Status Submissions without prior notice. Kiyo Live may also terminate a user's access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Status Submission removed from the Website more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Kiyo Live employees, agents, subagents, or super agents. Kiyo Live also reserves the right to decide whether content or a User Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Kiyo Live may remove such User Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
5. You understand that when using the Kiyo Live Service you will be exposed to User Status Submissions from a variety of sources, and that Kiyo Live is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Status Submissions, and that such User Status Submissions are not the responsibility of Kiyo Live. You further understand and acknowledge that you may be exposed to User Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kiyo Live with respect thereto, and agree to indemnify and hold Kiyo Live, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. 
6. Kiyo Live permits you to link to materials on the Service for personal, non-commercial purposes only. Commercial versions are available under separate licensing and terms. Kiyo Live reserves the right to discontinue any aspect of the Kiyo Live Service at any time. 
YOU agree THAT YOUR USE OF THE Kiyo Live SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Kiyo Live, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. Kiyo Live MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Kiyo Live SERVICE. Kiyo Live DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Kiyo Live SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND Kiyo Live WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

Limitation of Liability

IN NO EVENT SHALL Kiyo Live , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Kiyo Live CLIENT AND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Kiyo Live SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT YOU WILL NOT USE THE PRODUCT WHILE OPERATING A MOTOR VEHICLE, FOR TIME-CRITICAL OR EMERGENCY SERVICES OR EVENT OR FOR ANY OPERATION WHERE INJURY, DEATH, OR ECONOMIC DAMAGE COULD OCCUR. 
Kiyo Live makes no representations that the Kiyo Live Service is appropriate or available for use in all the locations. Those who access Kiyo Live or use the Kiyo
Live Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Kiyo Live , its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Kiyo Live Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Kiyo Live Service. We don't support or encourage illegal consumption of alcohol or tobacco.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kiyo Live without restriction.
General
You agree that: (i) the Kiyo Live Service shall be deemed a passive server that does not give rise to personal jurisdiction over Kiyo Live , either specific or general, in jurisdictions other than Hong Kong; and (iii) that you agree to subject to the jurisdiction of Hong Kong in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of Hong Kong, without respect to its conflict of laws principles. Any claim or dispute between you and Kiyo Live that arises in whole or in part from the Kiyo Live Service shall be decided exclusively by a court of competent jurisdiction located in Hong Kong. Privacy and any other legal notices published by Kiyo Live , shall constitute the entire agreement between you and Kiyo Live concerning the Kiyo Live Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Sweet chat's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Kiyo Live reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. Your use of the Kiyo Live Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Kiyo Live AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Kiyo Live SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Copyright Complaints

Kiyo Live respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Kiyo Live of your infringement claim in accordance with the procedure set forth below. 
Kiyo Live will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. 
To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Kiyo Live Service, with enough detail that we may find it on the
Kiyo Live Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the competent court located within Hong Kong and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Kiyo Live will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. 
Terms last updated: March, 2017. 
Kiyo Live Is governed by the laws of Hong Kong
Company：HULE TECHNOLOGY GROUP LIMITED
Addees：FLAT/RM A 12/F,KIU FU COMM BLDG,300 LOCKHART RD, WAN CHAI, HONG KONG