Last Updated: November 6, 2019
TABLE OF CONTENTS:
- General Terms – All Users
- Supplemental Terms – App Stores
- Supplemental Terms – Virtual Items Policy
- Supplemental Terms – Jurisdiction-Specific
General Terms – All Users
1.Your Relationship with Us
Welcome to Vigo Video (the “Platform”).
You are reading the terms of service (the “Terms”) which govern the relationship and serve as an agreement between you and us for your access to and use of our website, services, applications, products and content (that include but are not limited to the Platform) (collectively, the “Services”). The Services are provided or controlled by TikTok Pte. Ltd. (“Bytedance”, “we” or “us”), a corporation registered in Singapore. Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
2.Accepting the Terms
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined in the relevant "Supplemental Terms – Jurisdiction-Specific" section below. Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited. If you do not agree to these Terms, you must not access or use our Services.
If you are accessing or using the Services on behalf of a business or entity, then: (a) “you” and “your” includes you and that business or entity; (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf; and (c) your business or entity is legally and financially responsible for your access to and use of the Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
You accept the Terms by accessing or using our Services. You understand and agree that we will treat your access to or use of the Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your records.
3.Changes to the Terms
We amend these Terms from time to time, for instance when we update the functionality of our Services or when there are regulatory changes. We will generally notify all users of any material changes to these Terms through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. Your continued access to 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.
4.Your Account with Us
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at firstname.lastname@example.org.
You agree that you are solely responsible (to us and to other users of our Services) for the activity that occurs under your account.
We reserve the right to disable your user account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5.Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Policy.We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Policy, or otherwise harmful to the Services or our users.
- access or use the Services if you are not fully able and legally competent to agree to these Terms;
- modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied the Platform or any derivative works thereof;
- distribute, license, transfer or sell, in whole or in part, any of the Services or any derivative works thereof;
- market, rent or lease the Services for a fee or charge, or use the Platform to advertise or perform any commercial solicitation;
- interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
- incorporate the Platform or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
- use automated scripts to collect information from or otherwise interact with the Services;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
- intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- use or attempt to use another’s account, service or system without authorisation from Bytedance, or create a false identity on the Services;
- use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting shill reviews;
- use the Services to upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content):
- files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
- any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
- any content which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
- any content which is defamatory of any person, obscene, offensive, hateful or inflammatory;
- any content that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- any content that is deliberately designed to provoke or antagonise people, especially trolling, or is intended to harass, scare, distress, embarrass or upset people;
- any content that contains a threat of any kind, including threats of physical violence;
- any content that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
- any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or content that, in the sole judgment of Bytedance, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Bytedance, the Services or its users to any harm or liability of any type.
6.Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
A. Bytedance Content
As between you and Bytedance, all content (except User Content (as defined below)), software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Bytedance Content”), are either owned or licensed by Bytedance. However, you or your licensors will own any User Content that you upload or transmit through the Services. Use of the Bytedance Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, including to download the Platform on a permitted device, and to access the Bytedance Content through your use of the Services. Bytedance reserves all rights not expressly granted herein in the Services and the Bytedance Content. You acknowledge and agree that Bytedance may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services (including any User Content), you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Bytedance Content (including User Content) is accurate, complete or up-to-date. Where our Platform and/or Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of such sites or resources. Such links should not be interpreted as approval by us of those linked websites or any information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Platform (including User Content).
B. User-Generated Content
Users may be permitted to upload, transmit or stream content through the Services (“User Content”). Users may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the “Supplemental Terms – Virtual Items Policy“) and other elements provided by Bytedance (“Bytedance Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Bytedance Elements, have not been verified or approved by us. The views expressed by other users on our Platform (including through use of the virtual gifts) do not represent our views or values.
Whenever you make use of a feature that allows you to upload or transmit User Content through the Services, or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload, transmit or stream your User Content, including User Content that includes Bytedance Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above.
You warrant that any such User Content you upload or otherwise make available through the Services does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Services.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.
You or the owner of your User Content will own the copyright in the content sent to us, but by submitting content to us, you hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, assignable, sub-licensable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and to authorise others user of the Services and other third-parties to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
If you wish to complain about information and materials uploaded by other users, please contact us at email@example.com.
Bytedance takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Bytedance’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
You agree to defend, indemnify, and hold harmless Bytedance, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
9.Exclusion of Warranties
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS”, AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
10.Limitation of Liability
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
- (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO BYTEDANCE WITHIN THE LAST 12 MONTHS.
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
- ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICES.
a. Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") 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 Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
b. Entire Agreement. These Terms constitute the whole legal agreement between you and Bytedance and govern your use of the Services and completely replace any prior agreements between you and Bytedance in relation to the Services.
c. Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Platform in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice.
d. Age Limit. The Platform is only for people 13 years old and over. By accessing or using the Platform, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate that user’s account. If you are under age 18 (or the age of legal majority in your jurisdiction of residence), you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
e. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
f. Security. We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
g. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
h. Any Questions? Get in touch at firstname.lastname@example.org.
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply:
Apple App Store. By accessing the Platform through a device made by Apple, Inc. (“Apple”), you specifically acknowledge and agree that:
- These Terms between Bytedance and you; Apple is not a party to these Terms.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Service.
- Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
- In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
- Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
- Bytedance expressly authorises use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.
Windows Phone Store. By downloading the Platform from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that:
- You may install and use one copy of the Platform on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees.
- You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
Amazon Appstore. By downloading the Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that:
- Amazon does not have any responsibility or liability related to compliance or non-compliance by Bytedance or you (or any other user) under these Terms or the Amazon Appstore EULA Terms.
Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- to the extent of any conflict between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
- you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Bytedance or you (or any other user) under these Terms or the Google Play Terms.
Supplemental Terms – Virtual Items Policy
We may make the following products and incentives available to you on our Platform from time to time:
- Any user of our Services may purchase virtual diamonds (“Diamonds”) from us using authorised payment methods. 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.
- Once your purchase has been completed, your user account will be credited with Diamonds.
- Diamonds cannot be exchanged for cash or any other form of credit and can only be used on our Platform and as part of our Services. Diamonds cannot be refunded or reimbursed by us, or transferred between users or user accounts.
- The sale, barter, assignment or other disposal of any Diamonds, other than by us, is expressly prohibited. Accrued Diamonds do not constitute property of users. Any Diamonds assigned, sold, or otherwise transferred without our express written consent are void.
- All Diamonds of a user will expire automatically upon termination of such user’s account for any reason.
- You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate such Diamonds as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right.
(2) Virtual Gifts
- Virtual gifts (“Gifts”) constitute a limited license right for you to use to certain features of digital products and Services of the Platform. You may exchange your Diamonds for various Gifts. The exchange rate between each Diamond and Gift will be displayed on our Platform at the point of exchange. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate such exchange rate as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right.
- When you have exchanged your Diamonds for Gifts, such Diamonds will have been used up in your user account. Instead, your user account will be credited with Gifts. Gifts cannot be converted into or exchanged for Diamonds or cash, or be refunded or reimbursed by us for any reason.
- In relation to a live stream product, you may contribute your Gifts to rate or show your appreciation for an item of User Content that is streamed by another user (“Content Streamer”). When this functionality is available on the Platform, you can contribute Gifts to User Content by clicking the “Give Gift” button below the relevant User Content. When you have contributed a Gift to an item of User Content, this Gift will have been used up in your account, and converted into Flame (as defined and further explained below) in the Content Streamer’s account.
- Please note that when you give a Gift to another user you do so publicly so other users on the Platform (including the recipient of the Gift) can see your name, user ID and the details of the Gift that you gave. By giving a Gift, you consent to this information being made available in this manner.
- In a live stream product, a Content Streamer will be entitled to earn virtual credit (“Flame”) based on the Gifts he/she receives, as a measurement by us on the popularity of the relevant User Content.
- In a short video product, a user who uploads User Content (“Content Provider”) will be entitled to earn Flame, based on our measurement of the popularity of the relevant User Content and other relevant factors (as determined by us in our sole discretion).
- At any point, a Content Streamer or Content Provider can see how much Flame he/she has accrued on a real-time basis by checking their user account. Flame cannot be exchanged for Diamonds or Gifts, or transferred between users or user accounts.
- A Content Streamer or Content Provider can choose, by selecting the relevant options in their user account, to withdraw Flame in exchange for monetary compensation (to be denominated in US dollars). The applicable monetary compensation will be calculated by us based on various factors including the amount of a user’s Flame. The withdrawal of Flame will be subject to the following terms and any additional information provided in the Withdrawal Instructions that are provided to you at the time of such withdrawal, including the applicable daily limits on withdrawal amounts:
- the rate of withdrawal will be displayed at the point of withdrawal. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate such withdrawal feature as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right;
- the applicable cash payment will be made directly into your nominated PayPal account or other third-party payment channel account (if applicable). It is your responsibility to ensure that you provide your PayPal (or other payment channel) account information correctly. You are responsible for any losses caused by incorrect PayPal (or other payment channel) account information provided by you;
- we may, at our sole discretion, request you to provide information to verify your identity (including your first and last name and your state ID number). We reserve the right to verify your identity (by requesting a photocopy of your state ID card, or other proof as we may require) and eligibility qualifications to our satisfaction prior to making any payment; and
- any withdrawal request to be fulfilled to users under the age of 18 may be, at our sole discretion, fulfilled in the name of the user’s parent or legal guardian (subject to evidence of such relationship and relevant identities being verified if required by us in our sole discretion).
- Although we aim to fulfil all withdrawal requests in a timely manner, we do not guarantee fulfilment within a specific period of time (including any estimated timings set out at the time of withdrawal) and we will not be liable to you or any third party for any failure to fulfil a withdrawal request within such time.
- If you wish to convert the amount into a currency other than USD, this option may be available within your PayPal (or other payment channel if applicable) account but this is at the discretion of PayPal (or other payment channel if applicable) and the terms and conditions of PayPal (or other payment channel if applicable), including any applicable fees, will apply to such currency conversion.
- If you are subject to any taxes imposed by any jurisdiction on these payments, you will be responsible for the payment of such taxes (including any related penalties or interest) to the relevant tax authority. We reserve the right to deduct any applicable taxes prior to making such payment if we determine that we are required to do so by applicable law. We also reserve the right to request certifications from you in relation to taxes and to report to tax authorities amounts paid and/or withheld from payments to you.
- We reserve the right to deduct Flame from your account if you are in breach of these Terms. We may cancel the operation of the Flame incentive at any time and on limited or no notice. If we cancel the Flame incentive, you shall have no right or entitlement to any financial compensation in respect of any Flame accrued prior to the date of cancellation of the initiative that has not been converted into cash using the mechanism set out in these Terms.
- If a Content Streamer or Content Provider has separately entered into a Premium Content Creator Agreement (a “PCC Agreement”) with us, the terms of the PCC Agreement shall prevail over these Terms in the event of any conflict.
Supplemental Terms – Jurisdiction-Specific
India. If you are using our services in India, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
- Your access to and use of our Services. You may not use the Services to upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content) any User Content that:
- is obscene, pornographic, paedophilic;
- is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever;
- harms minors in any way;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- User–Generated Content. You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including any right under the provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The above waiver is granted by you in favour of Bytedance and all of its group companies, affiliates and successors in title and interest, whether existing or in future.
- Indemnity.In the event you are required to indemnify us pursuant to these Terms or any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us.