These Terms of Service (“Terms”) are between you and Firefly Live. These Terms govern your access to and use of our Firefly Live services, including our Firefly Live mobile applications (“Apps”), our websites and channels, and any videos, live videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You must only use our Service if you are 18 years or older, and if you are not subject to statutory age limit to enter into this Agreement according to the applicable laws and regulations in your country. If you are below the aforementioned minimum age, you may only use Firefly Live if your guardian has provided us with valid consent for you to use Firefly Live. You may not falsely claim you have reached the minimum age.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. You may use the Services only if you can form a binding contract with Firefly Live and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Firefly Live provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Firefly Live may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Firefly Live on the Services are subject to change. In consideration for Firefly Live granting you access to and use of the Services, you agree that Firefly Live and its subsidiary, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Firefly Live account (such as an SNS Account or your email). Firefly Live cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Firefly Live devotes to providing healthy and entertaining content to our customers. If in any case, we find the content provided by 3rd party belongs to the restricted content (Refer to Charter 8), our customer care team will ban the content immediately and deprive the 3rd Party of broadcast right. We encourage all users who find any restricted content report to our customer care team immediately to prevent our users from any harm.
We may offer you the opportunity to invite your friends or contacts to view your streams or otherwise enjoy the Services. If you choose to invite one or more of your friends or contacts using text messaging (SMS), we may suggest content for the message. You may be able to edit that suggested content, and if you choose to send text message invitations, those messages will be sent from the native SMS application on your device. If you do choose to send such invitations, you represent to Firefly Live that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, Firefly Live needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Firefly Live to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Firefly Live for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Firefly Live, or other companies, organizations or individuals who partner with Firefly Live, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Firefly Live will not be responsible or liable for any use of your Content by Firefly Live in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You also represent and warrant that neither your Content, nor your use and provision of your Content to be made available through the Services, nor any use of your Content by Live on Air on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree that Firefly Live shall have the right to defend the infringement on the above Contents in its own name or by authorizing a third party, and Firefly Live shall have rights to make decisions independently and implement measures of right protection.
Rights in Content Granted by Firefly Live
Subject to your compliance with these Terms, Firefly Live grants you a limited, non-exclusive, non-transferable license to access and view the Content posted by other users via the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Firefly Live gives you a personal, non-assignable and non-exclusive license to use the software that is provided to you by Firefly Live as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Firefly Live, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Firefly Live and its licensors. The Services are protected by copyright, trademark, and other laws of all countries. Firefly Live reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Firefly Live, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You may NOT post Content that:
Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;Promotes discrimination, hatred or harm against any individual or group;
Is a direct and specific threat of violence to others;
Is defamatory, obscene or pornographic;
Is furtherance of illegal activities; or Is harassing, abusive, or constitutes spam.
In addition to the above mentioned restrictions you must comply with the Firefly Live Community Guidelines.
You shall not make improper remarks or harass other users by using Firefly Live and the Services; not engage in the interference of Firefly Live normal operation order, undermining the rights of Firefly Live or infringing the legitimate rights and interests of other users or the third parties; or not engage in violation of laws and regulations, policies and principles of honesty and credit or the generally recognized business ethics and other public order or social custom. In particular, you are prohibited to contact with the Firefly Live hosts privately or publicly for improper purposes and promote the hosts to leave Firefly Live and other acts that undermine the rights and interests of Firefly Live.
For any Content that breaches of the laws and regulations or the Terms of Service, or any Content that infringes, damages, threatens the rights and interests of anyone, or counterfeit behavior, Firefly Live shall have the right to suspend the transmission of the Content above at its sole discretion, and have the right to take appropriate legal actions against any person who violates these provisions at its sole discretion to pursue the relevant legal and financial obligations of the violator, including but not limited to, the deletion of unlawful, infringement, inappropriate and other Contents, the termination of the violator’s membership, preventing violator from the use of Firefly Live and the Services, and saving the relevant information and reporting to the relevant departments, and even instituting legal proceedings in the courts in accordance with the laws and regulations.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate users or reclaim usernames without liability to you.
use, display, mirror or frame the Services or any individual element within the Services, Firefly Live’s name, any Firefly Live trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Firefly Live’s express written consent; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Firefly Live or any of Firefly Live’s providers or any other third party (including another user) to protect the Services or Content;
attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Firefly Live or other generally available third-party web browsers; send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
use any meta tags or other hidden text or metadata utilizing a Firefly Live trademark, logo URL or product name without Firefly Live’s express written consent;
use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
collect or store any personally identifiable information from the Services from other users of the Services without their express permission;violate any applicable law or regulation; or encourage or enable any other individual to do any of the foregoing.
Firefly Live respects copyright law and expects its users to do the same. It is Firefly Live’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Firefly Live’s Copyright Policy, for further information.
The Terms will continue to apply until terminated by either you or Firefly Live as follows.
You may end your legal agreement with Firefly Live at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us Firefly Live. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, 12, 13 and 14. Nothing in this section shall affect Firefly Live's rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
You will indemnify and hold harmless Firefly Live and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your Content, or (iii) your violation of these Terms.
Please read this section carefully since it limits the liability of Firefly Live and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Firefly Live Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Firefly Live ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Firefly Live Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Firefly Live Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Firefly Live Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Firefly Live ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Firefly Live ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Firefly Live does not take title to refund unless the case that show coins are not arrived at your Firefly Live account after recharge. In this case, you shall contact our customer service to recharge the show coins. A refund may be issued before we recharge the show coins to your Firefly Live account if you request. Most refunds are fully refunded in 3-5 days after we receive your demand.
The failure of Firefly Live to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without Firefly Live’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Firefly Live may freely assign or transfer these Terms without restriction.
Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns
Any notices or other communications provided by Firefly Live under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
We may revise these Terms from time to time, the most current version will always be at www.firefly.live. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Firefly Live. If you have any questions about these Terms, please contact us.