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BIGO LIVE User Agreement

Last updated: August 28,2023

1.Special Notices

This BIGO LIVE User Agreement (this “Agreement”) governs your usage of our services, (hereinafter, “Services”) including BIGO LIVE App, BIGO LIVE LITE and www.bigo.tv. You are one party and the other party is BIGO TECHNOLOGY PTE.LTD. or one of its affiliates (“we” or “BIGO LIVE”), a company with its registered address at 30 Pasir Panjang Road #15-31A Mapletree Business City, Singapore 117440. For the purposes of this Agreement, you and BIGO LIVE will be jointly referred to as the “Parties” and respectively as a “Party”.

When using the Services, you will be subject to BIGO LIVE’s Privacy Policy, BIGO LIVE’s Community Conventions, Broadcaster Agreement and you be subject to additional guidelines or rules that are posted on the Services or made available to you, or applicable to specific services and features that are disclosed to you in connection with such services. We may also offer certain paid services, which are subject to any additional terms or conditions that are disclosed to you in connection with such services.

By using our Services, or by clicking on "Sign Up" during the registration process, you agree to all terms of this Agreement. We, at our sole discretion, may revise this Agreement from time to time, and the current version will be found at the following link: About us>User Agreement. By continuing to avail our Services, you agree to be bound by the revised Agreement.

The Services are not for use by anyone under the age of 18. To use the Services, you agree that:

(1) you must be the "Minimum Age"(described below) or older; and
(2) you are not already restricted by BIGO LIVE from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.

“Minimum Age” means 18 years old. However, if law in your jurisdiction requires that you must be older than Minimum Age in order for BIGO LIVE to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

You shall be solely responsible for the safekeeping of your BIGO LIVE account and password. All behaviors and activities conducted through your BIGO LIVE account will be deemed as your behaviors and activities for which you shall be solely responsible.

We do not accept payments or do business with individuals or entities in Cuba, Iran, North Korea, Sudan, Syria, and the Crimean region. If you are from such regions, you may be prohibited from using the Services.

2.Services Content

Our mission is to give people the power to build community, connect the world and share their beautiful moments. To help advance this mission with a vision to be a content platform inspiring one billion people's lives, we provide the services described below to you:

i. User Generated Content.
BIGO LIVE allows users to distribute streaming live, use services, such as chat, bulletin boards, forum postings, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Services (“User Content”). Users of the Services may also overlay music, graphics, stickers, virtual items and other features provided by BIGO LIVE (“BIGO LIVE Features”) onto this User Content and transmit this User Content through the Services. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.

We invite and encourage you to share your life with us through live streaming. Participation in our amateur host incentive program ("UGC Incentive Program") entails your engagement as a contracting party with our affiliate NETSTAR (SG) PTE LTD. Your participation on UGC Incentive Program will render you subject to the provisions outlined in the Amateur Host Incentives Agreement.

ii. Help you discover content, products, and services that may interest you.
We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use BIGO LIVE.

iii. Combat harmful conduct and protect and support our community.
We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Services, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement.

iv. Global access to our Services
To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Bigo Technology Pte. Ltd. and its affiliates.

3.Account

In order to open an account, you will be asked to provide us with certain information such as an account name and password.

You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to BIGO LIVE upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.

We may permit you to register for and log on to the Services via certain third party services. The third party’s collection, use and disclosure of your information will be subject to that third party service’s privacy policy. Further information about how BIGO LIVE collects, uses and discloses your personal information when you link your BIGO LIVE account and with your account on any third party service can be found in our Privacy Policy.

In order to facilitate consistent Service, you fully understand and agree that BIGO LIVE and BIGOLIVE LITE will use a unified account system. If you have registered accounts for both BIGO LIVE and BIGOLIVE LITE, we may choose to partially or fully link and display their shared product information. Your generated content and virtual items will also be shared between the two accounts. However, we do not guarantee that both accounts will receive identical Service.

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.

If you no longer want to use our Services again, and would like your account deleted, we can take care of this for you. Please contact us via [email protected], and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.

4.Privacy

Your privacy is important to BIGO LIVE. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Services.

5.Use of the Services

Your access to and use of the Services is subject to these terms and all applicable laws and regulations. You agree that you will comply with these terms of Services and BIGO LIVE’s Community Guidelines and will not:

i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

ii. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access BIGO LIVE accounts of others without permission, forge another person’s identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;

iii. defame, harass, abuse, threaten or defraud users of BIGO LIVE, or collect, or attempt to collect, personal information about users or third parties without their consent;

iv. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services or User Content, features that prevent or restrict use or copying of any content accessible through the Services, features that enforce limitations on the use of the Services or User Content, or delete the copyright or other proprietary rights notices on the Services or User Content;

v. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;

vi. modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

vii. interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

viii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;

ix. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;

x. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;

xi. use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

BIGO LIVE takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is BIGO LIVE liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

BIGO LIVE is not liable for any statements or representations included in User Content. BIGO LIVE does not endorse any User Content, opinion, recommendation, or advice expressed therein, and BIGO LIVE expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, BIGO LIVE reserves the right to remove, screen or edit any User Content posted or stored on the Services at any time and without notice, including where such User Content violates these terms of Use of the Services or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates these terms of Use of the Services and may result in, among other things, termination or suspension of your rights to use the Services.

6.Virtual Items

Our Services may make available certain in-app virtual items, including, but not limited to, Diamonds, Beans, and other virtual gifts (collectively, "Virtual Items"), to interact with other users or use certain features on BIGO LIVE, depending on the country you live in.

Diamonds are our in-app currency and can be used to purchase virtual gifts, interact with other users, and unlock certain features within BIGO LIVE. For example, you can use Diamonds to purchase and send virtual gifts to a broadcaster in a live stream to show your appreciation for the content or celebrate a moment. Diamonds’ purchase price will be displayed in the currency specified on the checkout page. Depending on the payment method you select, currency exchange fees, foreign transaction fees, taxes, and other payment processor fees may apply to your purchase. You will be responsible for the payment of any Diamonds that you purchase. Once your purchase is completed, your user account will be credited with the purchased Diamonds. ALL SALES OF DIAMONDS AND OTHER VIRTUAL ITEMS ARE FINAL, AND WE DO NOT OFFER REFUNDS, EXCHANGES, OR RETURNS. Once you use or spend any Diamonds, it cannot be reversed or undone.

Beans are used to measure a broadcaster's popularity on BIGO LIVE. They are based on the number and value of virtual gifts the broadcaster receives, at a rate of conversion determined by us. We may update the rate of conversion from time to time, at our sole discretion. Beans cannot be purchased, transferred, sold, or exchanged with other users or third parties.

Your receipt of Diamonds, Beans, or other Virtual Items may be publicly displayed in your live stream or anywhere on your profile.

Depending on the country you live in and subject to your compliance with this Agreement and the agreement between BIGO LIVE or its affiliates and the broadcaster, as the case may be, a broadcaster may withdraw Beans in exchange for monetary rewards. BIGO LIVE rewards users for contributing great content on our platform. The monetary rewards will be calculated solely by us based on the number of Beans a user has accrued and other factors, including, but not limited to, app store fees, payment processor fees, operation costs, fees and charges, and applicable taxes, in a currency specified at the time of withdrawal. However, you agree and acknowledge that in no event shall any Virtual Items be considered or used as a means to provide financial support or compensation to you. BIGO LIVE and its affiliates do not make any representations, warranties, or guarantees to you that you will receive financial benefits from receiving Virtual Items in your account.

If the Beans withdrawal feature is available in your country, you must be at least 18 years of age or the age of majority in your country or region, in compliance with this Agreement, your account has not been suspended or terminated, and satisfy any other eligibility requirements in order to use the withdrawal feature. To withdraw, you are required to accrue a certain minimum amount of Beans in your account balance, as solely determined and updated by us. Beans withdrawal is also subject to additional terms, instructions, limitations, and the terms of the payment processor selected, including, but not limited to, withdrawal limits, amounts, and times. Your ability to withdraw the rewards is also contingent on you giving us or the payment processor all the necessary information and documents needed to make the payment (e.g., IRS Form W-9) and to verify your age, identity, and eligibility qualifications. If you don't provide this information and documentation to us on time, you won't be able to withdraw. Our payment processor or we reserve the right to verify your age, identity, and eligibility requirements before making any payment. We reserve the right to refuse Bean withdrawal if we are not satisfied with the information you provide, you do not meet the eligibility requirements, you breach this Agreement, or we suspect that any or all of your Beans or Virtual Items were obtained through unlawful or fraudulent activity.

You are responsible for paying any taxes that may be imposed on your withdrawal of rewards, including any penalties or interest. If we are required by applicable law, we may deduct any applicable taxes before making any payment under the Beans withdrawal feature, and may also request information from you about your tax status and report to tax authorities the amounts that we have paid and/or withheld from your payments.

Contracting Entity: For U.S.A. and Canada, the withdrawal feature is provided to you by Netstar (US) Inc.

When you request a withdrawal, you may have one or more withdrawal methods to select, depending on your region. You are solely responsible for any withdrawal and processing fee charged by the payment processor selected. While our goal is to process all withdrawal requests as quickly as possible, we and our payment processors cannot guarantee that they will be completed within a specific time frame, even if we have provided estimated timings when you make the withdrawal. We will not be liable to you or anyone else if we are unable to fulfill a withdrawal request within that time. Please make sure that the information you provide in your withdrawal request is accurate, complete, and up to date. If you provide inaccurate or incomplete information, we are not responsible for any losses, disputes, or other damages that arise. You agree and acknowledge that once a withdrawal is completed, it cannot be undone.

If you act as an agent or representative for a broadcaster and are utilizing any Virtual Items or the Beans withdrawal feature, you represent and warrant that you have the required authority to act for such broadcaster in the use of these Virtual Items and the Beans withdrawal feature. By doing so, you agree to be bound by this Agreement. You also agree to indemnify, defend, and hold BIGO LIVE and its affiliates harmless from any claims, suits, losses, liabilities, damages, costs, and expenses resulting from your breach of this Agreement.

You agree and acknowledge that we reserve the absolute right and discretion to manage, control, modify, terminate, eliminate, or suspend any Virtual Items and the Beans withdrawal feature as we deem appropriate at any time. This includes but is not limited to, changes to exchange rates, eligibility requirements, limitations, and prices. If we terminate or eliminate any Virtual Items, including but not limited to Diamonds, Beans, or if we terminate or suspend the Beans withdrawal feature or our Services, you agree and acknowledge that you will not be entitled to any financial compensation for any Beans or other Virtual Items accrued in your account balance that have not been withdrawn into rewards. We also reserve the right to deduct or offset any Beans or other relevant Virtual Items if we have made excess payments to you or if you breach this Agreement. No payment will be made for any content violating our terms or policies.

YOU MAY NOT SELL, TRANSFER, EXCHANGE, OR REFUND ANY VIRTUAL ITEMS IN YOUR ACCOUNT BALANCE, EVEN IF YOUR ACCOUNT HAS BEEN SUSPENDED, DELETED, OR TERMINATED BY YOU OR US, OR IF THE ASSOCIATED FEATURE HAS BEEN ELIMINATED OR SUSPENDED. VIRTUAL ITEMS ARE SIMPLY DIGITAL CONTENT. THEY DO NOT REPRESENT PROPERTY, REAL-WORLD MONEY, CURRENCY, OR EQUIVALENTS, AND CANNOT BE USED OUTSIDE OF THE BIGO LIVE SERVICES. THEREFORE, WE RECOMMEND THAT YOU USE ALL OF YOUR VIRTUAL ITEMS BEFORE CANCELING OR TERMINATING YOUR ACCOUNT.

VIRTUAL ITEMS ALSO CANNOT BE COMBINED OR USED IN CONJUNCTION WITH OTHER PROMOTIONS, COUPONS, DISCOUNTS, OR SPECIAL OFFERS, EXCEPT FOR THOSE DESIGNATED BY US. VIRTUAL ITEMS, INCLUDING, BUT NOT LIMITED TO DIAMONDS THAT HAVE BEEN ACCRUED IN YOUR ACCOUNT. BALANCE ARE NOT CONSIDERED PROPERTY AND CANNOT BE TRANSFERRED IN THE EVENT OF DEATH, IN CONNECTION WITH FAMILY OR DOMESTIC LEGAL ISSUES, OR BY ANY OTHER LEGAL MEANS OR PROCESSES.

7.Payment Terms

We accept major credit cards, certain debit cards and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize us, or our designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available by BIGO LIVE.

Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and date of birth) for the purpose of making payment through its financial institutions and complying with applicable international, national, federal, state, and local laws and regulations. They may also communicate directly with you regarding any issues with a payment.

If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact customer support via the email address made available to you in connection with the purchase. For purchases on the Service, you may contact [email protected].

8.Intellectual Property Rights

All text, data, images, graphics, audio and/or video information and other materials within the Services provided by BIGO LIVE are property of BIGO LIVE are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring any license of any intellectual property rights or such materials by BIGO LIVE to you.

By using and/or uploading any live stream content or other content through a BIGO LIVE Services to publicly accessible areas of BIGO LIVE website, you grant to BIGO LIVE and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.

9.Terminating Services

To the fullest extent permitted by applicable law, BIGO LIVE reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to post User Content), and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use of the Services violates this Agreement or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these terms of Services, (iii) any policy or practice of BIGO LIVE in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.

10.Disclaimers

You shall be fully responsible for any risks involved in using BIGO LIVE Services. Any use or reliance on BIGO LIVE Services will be at your own risk.

Under no circumstance does BIGO LIVE guarantee that the Services will satisfy your requirements, or guarantee that the Services will be uninterrupted. The timeliness, security and accuracy of the Services are also not guaranteed. You acknowledge and agree that the Services is provided by BIGO LIVE on an “as is” basis. BIGO LIVE make no representations or warranties of any kind express or implied as to the operation and the providing of such Services or any part thereof. BIGO LIVE shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Services and shall not be responsible for any consequences which may arise from your use of such Services.

BIGO LIVE does not guarantee the accuracy and integrity of any external links that may be accessible by using the Services and/or any external links that have been placed for the convenience of you. BIGO LIVE shall not be responsible for the content of any linked site or any link contained in a linked site, and BIGO LIVE shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Services by you. Moreover, BIGO LIVE shall not bear any responsibility for the content of any webpage that you are directed via an external link that is not under the control of BIGO LIVE.

BIGO LIVE shall not bear any liability for the interruption of or other inadequacies in the Services caused by circumstances of force majeure, or that are otherwise beyond the control of BIGO LIVE. However, as far as possible, BIGO LIVE shall reasonably attempt to minimize the resulting losses of and impact upon you.

11.Legal Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to choice of law principles. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. To make a request, please go here.

12.Request for information

All requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from any BIGO LIVE Services must be made using the appropriate level of legal process, and must be properly served on BIGO LIVE via BIGO TECHNOLOGY PTE.LTD.

13.Modification of the Agreement

We amend these terms of the Agreement from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these terms, such as through a notice on BIGO LIVE platform. However, you should look at the Agreement regularly to check for such changes. Your continued access or use of the Services after the date of the new terms constitutes your acceptance of the new terms. If you do not agree to the new terms, you must stop accessing or using the Services.

14.Other Terms

This Agreement constitutes the entire agreement of agreed items and other relevant matters between both parties. Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement.

If any provision of this Agreement is rendered void or unenforceable by competent authorities, in whole or in part, for any reason, the remaining provisions of this Agreement shall remain valid and binding.

The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement

Come and check @t.me_de9hzmmd4w‘s posts in #BIGOLIVE! https://slink.bigovideo.tv/OJXKQO

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