Terms And Conditions

                                                                        USER AGREEMENT

 

This  Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between AJMedia FZ-LLC (“we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of the application ‘C Live’ (the “App”) which provides live streaming services, and any other software or application ancillary thereto owned by us (the “Services”).

 

 

1. Acceptance

 

By creating an account, viewing videos, making a purchase, downloading the App or other software owned by us, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.

 

 

We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.

 

 

This Agreement includes our Privacy Policy. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.

 

 

2. Our Services

 

Service License: Subject to the terms hereof, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App to stream and view live videos and other live content  uploaded by you, or other users of the App, using our hosting services, from such devices as may be compatible with the App (“Services”). We may also allow you to share and upload live videos, subject to your agreement with our paid subscription plans (as defined below). For avoidance of doubt, we are not creators of, nor are responsible in any manner with respect to the content you may view on the App, or by using our Services, and our role is limited to that of being a provider of hosting services to enable users to upload and view their own, or others’ content via the App. The person/user providing or uploading the Content, is solely and exclusively responsible and liable with respect thereto, and all aspects thereof.

 

 

 

 

 

We may update the App from time to time to add new features and/or for other reason(s). You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device.

 

 

We do not guarantee uninterrupted use of Services. Due to the nature of Services, the provision of Services could be affected by internal or external factors, which may result in interference and/or interruption in your use of Services. We will endeavor to mitigate downtime, but shall not be liable in any manner towards you or any other person(s) in case of any losses, damages, or other costs in relation to such downtime. You wholly indemnify us in respect of the same.

 

 

 

 

 

3. Accounts

 

Registration: You may create an account to use our Services. To do so, you must provide an email address. By creating an account, you agree to receive notices from us at this email address.

 

 

Age Requirements: You must be at least 18 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 21 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Such person is required and obligated to read this Agreement with you and consent to it before proceeding, and We shall not be liable in any manner in case of their failure to do so.

 

 

 

 

 

 

Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. We are not liable, in any manner, for your child’s use of Services. For avoidance of doubt, your child’s creation of an account with Us amounts to your consent to your child’s usage of our Services.

 

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

 

 

 

 

4. Subscription Plans

 

Subscription Plans: In addition to our basic membership, we offer paid subscription plans, which allow you to access additional benefits with respect to the App, such as the ability to upload live videos and content on the App, for others to view (“Content”). Any and all creation and uploading of Content by you shall be subject to these Terms of Service at all times, as may be updated from time to time.  We reserve the right to monitor your account, content, and conduct, regardless of your privacy settings. We may take all appropriate actions to enforce our rights including removing specific videos or suspending or removing your account in the event your Content, in our view, is non-compliant with these Terms of Service.

 

 

 

 

 

 

Fees: You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage.

 

 

 

Free trials and Discounts: We may offer free-trial or discounted subscriptions as we may determine in our sole discretion. If, and when a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; for any renewal, you must pay the full fee.

 

 

Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew at the end of each subscription period unless cancelled beforehand. Monthly plans renew for 30-day periods. Annual plans renew for one-year periods. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Unused storage, bandwidth, and other usage limits are not carried forward.

 

 

 

Lapse Policy: When a subscription ends, the account may, at our option, revert to the basic account status or will be deleted. Any Content in the account may be deleted to comply with the limitations of the new account status. You are responsible for archiving your Content. We shall not be responsible for the loss of any Content.

 

 

 

 

5. Use of Services

 

You are not allowed to:

1.         access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except:

 

 

 

(a) as specifically permitted by the Service; 

(b) with prior written permission from us and, if applicable, the respective rights holders; or

(c) as permitted by applicable law;

 

 

 

 

2.         circumvent, disable, fraudulently engage with, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;

 

 

 

 

3.         access the Service using any automated means (such as robots, botnets or scrapers) except: (a) with our prior written permission; or (c) as permitted by applicable law;

 

 

 

4.         use the Service to distribute unsolicited promotional or commercial content or other unwanted solicitations;

 

 

5.         cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics;

 

 

 

6.         misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;

 

 

7.         run promotional campaign, contests, or undertake other promotional or advertising activities on or through the Service without our prior written consent.

 

 

8.         use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or

 

 

 

9.         use the Service to sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed by us on terms dictated by us;

 

 

 

 

You shall not submit any content that:

 

•           Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

 

 

•           Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;

 

 

•           Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;

 

•           Promotes or supports terror or hate groups;

 

•           Exploits minors;

 

•           Depicts unlawful acts or extreme violence;

 

•           Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;

 

 

•           Depicts animal cruelty or extreme violence towards animals;

 

•           Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;

 

•           Makes false or misleading claims about vaccination safety;

 

•           Conveys false or misleading health-related information that has a serious potential to cause public harm;

 

•           Claims that mass tragedies are hoaxes or false flag operations;

 

•           Depicts or encourages self-harm; or

 

•           Violates any applicable law, including, but not limited to laws applicable in the United Arab Emirates

 

•           Violates or encourages the audience to violate moral and/or ethical values and acceptable practices and norms of the United Arab Emirates

 

 

In using our Services, you shall not:

 

•           Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);

 

•           Act in a deceptive manner or impersonate any person or organization;

 

•           Harass or stalk any person;

 

•           Harm or exploit minors;

 

•           Distribute “spam” in any form or use misleading metadata;

 

•           Collect personal information about others;

 

•           Access another’s account without permission;

 

•           Engage in any unlawful activity; and/or

•           Cause or encourage others to do any of the above.

 

You will not:

 

•           Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;

 

 

•           Submit any malicious program, script, or code;

 

•           Submit an unreasonable number of requests to our servers; or

 

•           Take any other actions to manipulate, interfere with, or damage our Services.

 

Restricted Users

 

You shall not create an account if you are a member of a terror or hate group, or any group or organization not recognized, or declared as illegal by the laws of the United Arab Emirates.

 

Licenses Granted by You

 

You shall own, and be solely responsible with respect to the Content you submit. However, you grant us the licenses set forth below.

 

Your Video Content

 

By submitting a video, you grant us permission to:

 

•           Stream the video to end users, including doing all other such actions as may be required in relation to such streaming.

 

•           Modify the Content to render it compliant with these Terms of Service.

 

•           Retain the Content, and reproduce the same on such other platforms, or for such other use, provided such use is compliant with applicable law, as we may deem appropriate.

 

 

 

 

By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video.

 

The license period begins when you submit the video to us and ends when you or we delete it; provided that we may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when we in good faith believe that we are legally obligated to do so.

 

 

Account Profile

 

You grant us permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. We shall have the right to identify public profiles in our marketing and investor materials.

 

 

Other Content; Feedback

 

You grant us a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to us on improving our products or services, we may use your suggestions without any compensation to you.

 

Scope of Licenses

 

All licenses granted by you in this Agreement (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations.

 

Your Representations and Warranties

 

For each piece of content that you submit to or through the App, you represent and warrant that:

 

•           You have the right to submit the content to us and grant the licenses herein;

 

•           We will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;

 

 

•           You have obtained appropriate permission, licenses and/or releases (if necessary) from all persons who appear in the content;

 

 

•           The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and

 

 

•           The content complies with this Agreement and all applicable laws.

 

 

6.         Indemnification

 

You agree to wholly and fully indemnify, defend, and hold harmless us, our subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) your use of the Services; (b) the content you submit to or through the Services; and (c) your actions or omissions that (regardless if proven) constitute a breach of these Terms of Service.

You wholly and fully agree that you shall have no claim against Us, our subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, arising from or in any manner related to:

 

(a)    Your use of the Services;

 

(b)   Your child’s use of Services (in the event your child is below the age of majority); and/or

 

(c)    Any other person’s use of the Services that may in any manner affect you, or any other person.

 

 

 

 

 

 

7.         Term

 

This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer, subject to our Termination Policy. Paid accounts will continue for the subscription period and will renew in accordance with the terms hereof.

 

 

8.         Disclaimers

 

WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.

 

 

EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, we make no representations or warranties:

 

 

 

 

•           That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;

 

•           Concerning any content submitted by or actions of our users;

 

•           That any geo-filtering or digital rights management solution that we might offer will be effective;

 

•           That our Services will meet your business or professional needs;

 

•           That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or

 

•           Concerning any third-party websites and resources.

 

You agree that We, our subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, or agents, are not liable in any manner for, or with respect to (a) the manner the Services are used by you, or any other persons using our Services, or (b) the Content, and you shall not have any claim, rights or other remedies against Us, our subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, or agents with respect to the same. Our role is limited to that of provider of a platform where users may share content created by them, and we take no responsibility in any way with respect to the nature of such content, the manner in which the Content is viewed, or for any breach by any of the users of these Terms of Service.

 

 

 

9.         Limitation of Liability

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL LIABILITY TO YOU IN ANY EVENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DIRHAMS (AED 100), WHICHEVER IS LESSER.

 

10.       Choice of Law

 

Any disputes relating to this Agreement or your use of our Services will be governed by the laws of United Arab Emirates, and the courts of Ajman, United Arab Emirates, shall have exclusive jurisdiction in relation thereto.

 

12.       General Provisions

 

Reservation of Rights, Severability: We reserve all rights not expressly granted herein. Our rights and remedies are cumulative. No failure or delay by us in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.

 

Force Majeure: We will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within our reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, we shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.

 

Relationship: You and us are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by us or who is prohibited from registering; any such assignment will be void. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.

 

Entire Agreement: These Terms of Service constitute the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof, provided we may modify these term from time to time.

 

The English version of these Terms of Service shall control. For convenience, we may provide translated versions of these Terms of Service.

 

 

 


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