MIKI LIVE User Agreement
[Preface and Introduction]
Welcome to use MIKI LIVE's services!
Before installing or using MIKI LIVE, please carefully read the following agreement (hereinafter referred to as "this Agreement"). If you do not agree to any term of this Agreement, please do not download or use MIKI LIVE (platform name change does not affect the validity of this Agreement).
Before using MIKI LIVE's services, please carefully read, fully understand and comply with the "MIKI LIVE User Agreement" and the "MIKI LIVE Privacy Policy". For terms in this Agreement that may have a significant relationship with your rights and interests (including terms that exempt MIKI LIVE from liability, terms that limit your rights, dispute resolution terms, and jurisdiction terms, etc.), MIKI LIVE will use bold fonts, underlining, and other methods to remind you to pay special attention. Please make sure that you have carefully read, fully understood, and unconditionally accepted all terms of this Agreement before using MIKI LIVE services.
The "MIKI LIVE User Agreement" (hereinafter referred to as "this Agreement") is a legal agreement between you and MIKI LIVE regarding the use of various services of MIKI LIVE. The "MIKI LIVE User Agreement", "MIKI LIVE Streaming Specifications", "MIKI LIVE Privacy Policy", "Platform Operation Rules", "Platform Convention", and other agreement specifications, rules, statements, announcements, policies, etc. published by MIKI LIVE (hereinafter collectively referred to as "MIKI LIVE Service Terms") are an integral part of this Agreement, and you should also comply with them when using MIKI LIVE services.
Your act of accepting and agreeing to this Agreement is deemed as your acceptance of and agreement to the MIKI LIVE Service Terms, and your act of accepting and agreeing to any MIKI LIVE Service Term is also deemed as your acceptance of and agreement to this Agreement.
You confirm that you have full capacity for civil conduct and full capacity for civil rights, have the ability to agree to and comply with this Agreement, and independently bear legal liability for all your actions under this Agreement. If you do not have the aforementioned civil capacity commensurate with your actions, please read, judge, and express informed consent accompanied by your legal guardian before complying with this Agreement. The exercise and performance of rights and obligations under this Agreement by a minor shall be deemed as having obtained the recognition of the legal guardian.
If you are a user outside mainland China, when entering into or performing this Agreement, you shall also comply with the laws and related policies of the country or region to which you belong/are located.
1. Service Description
1.1 MIKI LIVE Account. To use MIKI LIVE services, you need to register a MIKI LIVE account. The creation and use of the account shall comply with the MIKI LIVE account usage rules.
MIKI LIVE provides you with services including but not limited to:
(1) MIKI LIVE website: https://www.mikiliveapp.com/ (and any other websites operated by MIKI LIVE);
(2) MIKI LIVE user personal center, wallet;
(3) Servers and network storage spaces directly owned or operated by MIKI LIVE;
(4) Various value-added services provided to you by MIKI LIVE;
(5) Other technologies and/or services provided to you by MIKI LIVE, subject to what MIKI LIVE actually provides.
1.2 The services provided by MIKI LIVE are limited to use within the platforms mentioned in (1) and (2) above (hereinafter referred to as the "MIKI LIVE Platform"). Any act of separating the services provided by MIKI LIVE from the MIKI LIVE Platform by illegal means such as malicious cracking does not fall under the services provided by MIKI LIVE as agreed in this Agreement. All consequences arising therefrom shall be borne by the actor, and MIKI LIVE reserves the right to pursue the actor's legal liability in accordance with the law. The services provided by MIKI LIVE are for users' non-commercial use only. Without MIKI LIVE's prior written consent, users shall not use the services provided by MIKI LIVE for commercial purposes.
1.3 The methods officially announced by MIKI LIVE are the only legal ways to register, log in, download the client (including but not limited to iOS, Android and other smart platforms), and use MIKI LIVE services. MIKI LIVE services obtained by users through any other channels, any other avenues, or any other means (including but not limited to accounts, coins, client downloads, etc.) are illegal gains. MIKI LIVE does not recognize their validity, and upon discovery, MIKI LIVE has the right to immediately delete, clear, ban the account, etc. Any adverse consequences arising therefrom shall be borne solely by the user. Please take good care of your account and password, strengthen password security, and beware of account disclosure or theft. MIKI LIVE assumes no compensation liability for any losses caused by the disclosure or theft of your account.
1.4 In response to changes in national laws and regulations, regulatory policies and industry norms, the rapid development of the Internet, and service operation needs, MIKI LIVE has the right to modify, replace, and upgrade MIKI LIVE software/services, and at the same time modify the relevant MIKI LIVE Service Terms to cover all rights and obligations between you and MIKI LIVE. The aforementioned modified MIKI LIVE Service Terms will be notified to users in advance through one or more methods (including but not limited to pop-up announcements, website announcements, system messages, emails, functional page prompts, etc.) and will take effect from the date of expiration of the notice period. If the user does not agree to or accept the modification, replacement, or upgrade of the relevant MIKI LIVE software/services, the user has the right to refuse, stop, or cancel the use of MIKI LIVE software/services. If the user continues to use MIKI LIVE software/services, it shall be deemed that the user is aware of the changes and agrees to accept them.
1.5 The term "user" in this Agreement includes users who register to obtain a MIKI LIVE account (hereinafter referred to as "registered users") and users who do not register to obtain a MIKI LIVE account (hereinafter referred to as "non-registered users"). Any user who does not register for MIKI LIVE products and/or services automatically becomes a "non-registered user" of MIKI LIVE upon downloading or installing MIKI LIVE products and/or using MIKI LIVE services.
1.6 Special reminder: Due to the large number of MIKI LIVE products and services, the content of products and services provided to you also varies. This Agreement is a general user service term uniformly applicable to MIKI LIVE. For certain specific products/services of MIKI LIVE, MIKI LIVE will also formulate specific user service agreements to more specifically agree with you on the service content, service rules, etc. of MIKI LIVE. You should fully read and agree to all the contents of the specific user service agreement before using that specific product/service.
2. About Accounts
2.1 Some MIKI LIVE services are only provided to registered users. If you use the network storage space provided by MIKI LIVE to upload and disseminate information content such as text, symbols, emojis, pictures, audio, video, etc., please first follow the rules and processes prompted by this Agreement and the MIKI LIVE Service Terms to register and obtain a MIKI LIVE account (hereinafter referred to as "Account") using true, legal, accurate, and valid real identity information (such as mobile phone number or other subject proof documents) and other necessary information (hereinafter collectively referred to as "Registration Information"). If your Registration Information changes, you should update it promptly.
2.2 You shall bear full responsibility for all actions under the registered Account, shall not engage in any act that violates laws and regulations, national policies, or social public order and good morals, and shall not infringe upon the legitimate rights and interests of any subject including but not limited to MIKI LIVE.
2.3 You understand and agree that you only have the right to use the Account and the virtual products and services provided by MIKI LIVE under the Account. The ownership of the Account, such virtual products and services belongs to MIKI LIVE (unless otherwise provided by laws and regulations or MIKI LIVE). Without MIKI LIVE's written consent, you shall not dispose of the right to use the Account in any form (including but not limited to gifting, lending, transferring, selling, mortgaging, inheriting, or licensing others to use). If MIKI LIVE discovers or has reasonable grounds to believe that the user is not the initial registrant of the Account, MIKI LIVE has the right, without notifying you, to suspend or terminate the provision of services to the registered Account and cancel the Account.
2.4 You shall properly keep the Account information, Account password, and other information and materials related to the Account. If, due to your reasons, the Account information, materials, data are changed, lost, or property losses occur, you shall immediately notify MIKI LIVE and bear the relevant legal consequences yourself.
2.5 You agree and promise to:
(1) When your Account or password is used without authorization, or any security issue occurs, you will immediately and effectively notify MIKI LIVE;
(2) After each time you log in to MIKI LIVE or use related services, you will securely log out of the Account, etc.;
(3) You agree to receive notification information and other related information from MIKI LIVE via email, client, webpage, or other legal means.
2.6 You agree and promise not to engage in the following acts:
(1) Register an Account without using true, legal, accurate, and valid identity information;
(2) Register an Account for yourself using another person's identity information;
(3) Register an Account in another person's name without their legal authorization;
(4) Register multiple Accounts using the same identity authentication information (including cases where MIKI LIVE determines after review that the actual controller of multiple Accounts is the same person);
(5) Steal or misappropriate another person's Account and/or coins, membership identifiers, etc.;
(6) Register an Account using words that violate laws, morals, and public order and good morals, such as insults, defamation, pornography, politics, etc.;
(7) Register an Account for the purpose of illegally possessing MIKI LIVE-related service resources, by legitimate or illegitimate means, maliciously exploiting website vulnerabilities;
(8) Register an Account using other content, methods, and/or means that infringe upon the legitimate rights and interests of others.
2.7 You understand and agree that if MIKI LIVE finds that you have violated laws and regulations or the provisions of this Agreement, MIKI LIVE has the right to take measures such as prohibiting registration, issuing warning notices, refusing to publish, stopping information transmission, deleting content or comments, limiting or freezing some or all functions of the Account, and even terminating services or permanently banning the Account, as the case may be. At the same time, MIKI LIVE has the right to keep the aforementioned records of violations and report them to relevant state authorities in accordance with the law (such as reporting to public security authorities, reporting to cyberspace administration authorities), and cooperate with relevant state authorities in investigations, etc.
2.8 You understand and acknowledge that you can use your Account to log in to all products under the MIKI LIVE system.
2.9 You understand and agree that MIKI LIVE has the right, to the maximum extent permitted by law, to decide to reclaim the right to use the Account as the case may be, without further notice to the user or obtaining the user's consent.
3. Prop Usage Rules
3.1 Prop service is a free value-added service provided by MIKI LIVE to users. Users can collect, consume, use props through the prop service and obtain other officially supported derivative services.
3.2 You understand and confirm that MIKI LIVE has the right to adjust the coin service at any time according to laws and regulations, national policies, user needs, website strategies, user acceptance, etc. Unless otherwise specified, please refer to the latest version displayed on the MIKI LIVE official page for the specific usage methods and periods of props and other products/services obtained through the prop service.
3.3 You understand and agree that you only have the right to use the props. The ownership of the props belongs to MIKI LIVE. Without MIKI LIVE's written consent, you are prohibited from disposing of the right to use the props in any form (including but not limited to gifting, lending, transferring, selling, mortgaging, inheriting, or licensing others to use). All users shall obtain prop services through officially announced channels. Any props and their derivative services obtained through non-officially announced channels shall not have legal effect against MIKI LIVE. MIKI LIVE has the right to unilaterally recover the relevant props and terminate the corresponding services. In serious cases, MIKI LIVE has the right to ban the Account.
3.4 Unless otherwise agreed, props and their derivatives obtained by users are not refundable, transferable, exchangeable, or convertible into cash, etc. Users can only use or consume props through the prop service.
4. Content on MIKI LIVE
4.1 Content on MIKI LIVE means any information, data, text, symbols, emojis, software, music, audio, photos, pictures, graphics, video, information, links, or other materials transmitted or disseminated by uploading, posting, or any other means through the services provided by MIKI LIVE, whether publicly or privately transmitted (hereinafter referred to as "Content"). The content provider and uploader shall bear full responsibility for the Content they provide or upload. If losses are caused to MIKI LIVE, they shall also bear compensation liability to MIKI LIVE. If a third party asserts rights against MIKI LIVE due to Content uploaded by a user, MIKI LIVE has the right to directly take necessary measures such as deletion, blocking, disconnecting links, etc., without prior notice to the content provider or uploader.
4.2 For the Content you upload or publish on MIKI LIVE, you guarantee that you have legal copyright or corresponding authorization to it. MIKI LIVE has the right to display, distribute, and promote the aforementioned Content.
4.3 To increase the exposure and publication efficiency of your Content, MIKI LIVE will additionally provide you with global display and promotion services. You agree that MIKI LIVE will display all Content under your Account on products directly operated by MIKI LIVE or operated in cooperation with third parties. At the same time, you allow MIKI LIVE to perform necessary processing (including but not limited to translation, compilation, adaptation, etc.) by itself or through a third party when displaying the Content. You hereby confirm and agree that MIKI LIVE has the right, by itself or through a third party, to develop and use the above Content (in whole or in part) in an appropriate manner in any publicity, promotion and/or research related to the above Content, MIKI LIVE products and related services, MIKI LIVE and/or MIKI LIVE brands. For the avoidance of doubt, you understand and agree that the above Content includes your personal image, likeness, name, trademark, service mark, brand, name, logo, and company mark that you own or are licensed to use and embed in the Content. You may notify MIKI LIVE at any time to cancel this service.
4.4 Based on the characteristics of some products and/or service functions, the text (comments, bullet screens) you upload through MIKI LIVE may be used and re-created by other users when creating content. Works re-created by users according to the aforementioned agreement may only be disseminated on MIKI LIVE and/or third-party platforms cooperating with MIKI LIVE, and may not be used for any commercial purposes. MIKI LIVE respects and protects your legitimate rights and interests. If you do not want other users to use all or part of the authorized Content, you may notify MIKI LIVE at any time to cancel this service. You understand and agree that canceling this service does not affect the continued dissemination of re-created content that other users have previously obtained authorization for.
4.5 MIKI LIVE cannot know in advance and reasonably control the Content uploaded through MIKI LIVE services. Therefore, you have foreseen that when using MIKI LIVE services, you may come into contact with some Content that makes you feel unhappy, uncomfortable, or disgusted. You agree to waive any recourse against MIKI LIVE arising therefrom. However, MIKI LIVE has the right to stop transmitting any of the aforementioned Content in accordance with the law and take corresponding actions, including but not limited to suspending your continued use of some or all of MIKI LIVE's services, preserving relevant records, and reporting to relevant authorities.
5. User Code of Conduct
5.1 When using MIKI LIVE services, users shall comply with the following laws and regulations:
(1) "Law of the People's Republic of China on Guarding State Secrets";
(2) "Personal Information Protection Law of the People's Republic of China";
(3) "Data Security Law of the People's Republic of China";
(4) "Law of the People's Republic of China on the Protection of Minors";
(5) "Cybersecurity Law of the People's Republic of China";
(6) "Copyright Law of the People's Republic of China";
(7) "Regulations on the Protection of Computer Software";
(8) "Regulations on the Protection of the Right to Network Dissemination of Information";
(9) "Regulations on the Security Protection of Computer Information Systems of the People's Republic of China";
(10) "Administrative Measures for the Security Protection of International Networking of Computer Information Networks";
(11) "Administrative Provisions on Internet User Account Information";
(12) "Administrative Provisions on the Ecological Governance of Network Information Content";
(13) "Administrative Provisions on Internet Comment Posting Services";
(14) "Administrative Provisions on Information Services for Internet User Public Accounts";
(15) "Administrative Provisions on Network Audio and Video Information Services";
(16) Other laws, regulations, rules, ordinances, and other norms with legal effect.
5.2 MIKI LIVE prohibits users from engaging in the following illegal acts or producing, uploading, copying, transmitting, or disseminating illegal information containing the following content on the MIKI LIVE platform:
(1) Opposing the basic principles established by the Constitution;
(2) Endangering national security, leaking state secrets, subverting state power, undermining national unity;
(3) Damaging national honor and interests;
(4) Distorting, vilifying, desecrating, or denying the deeds and spirit of heroes and martyrs, or infringing upon the names, portraits, reputations, or honors of heroes and martyrs by means of insult, defamation, or otherwise;
(5) Promoting terrorism, extremism, or inciting the commission of terrorist or extremist activities;
(6) Inciting ethnic hatred or ethnic discrimination, undermining ethnic unity;
(7) Destroying national religious policies, promoting cults and feudal superstitions;
(8) Spreading rumors, disrupting economic and social order;
(9) Spreading obscenity, pornography, gambling, violence, murder, terror, or inciting crime, inducing suicide;
(10) Insulting or defaming others, infringing upon others' reputation, privacy, and other legitimate rights and interests;
(11) Infringing upon the legitimate rights and interests of minors or potentially harming the physical and mental health of minors;
(12) Other acts or content prohibited by laws and administrative regulations.
5.3 MIKI LIVE has the right to restrict users from engaging in the following bad acts or producing, uploading, copying, transmitting, or disseminating bad information containing the following content on the MIKI LIVE platform:
(1) Using exaggerated headlines where the content is seriously inconsistent with the headline;
(2) Hype about scandals, gossip, or misdeeds;
(3) Improper commentary on natural disasters, major accidents, and other calamities;
(4) Containing sexual suggestions, flirtatiousness, etc., that easily induce sexual associations;
(5) Displaying bloody, horrific, cruel, self-harm/self-mutilation, etc., causing physical and mental discomfort;
(6) Inciting group discrimination, regional discrimination, etc.;
(7) Promoting vulgar, crude, or kitsch content;
(8) Potentially inducing minors to imitate unsafe behaviors and acts contrary to social morals, or inducing minors' bad habits, etc., that may affect the physical and mental health of minors;
(9) Other acts or content that have a negative impact on the network ecology.
5.4 MIKI LIVE has the right to restrict users from engaging in the following违规 acts or producing, uploading, copying, transmitting, or disseminating违规 information containing the following content on the MIKI LIVE platform:
(1) Impersonating any person or institution, or falsely claiming or causing others to mistakenly believe that there is a connection with any person or institution in a dishonest manner;
(2) Forging titles or otherwise manipulating identification data, causing others to mistakenly believe that the content is transmitted by MIKI LIVE;
(3) Uploading, posting, emailing, or otherwise transmitting content that you have no right to transmit (such as internal information, confidential information);
(4) Uploading, posting, emailing, or otherwise transmitting content that infringes upon any person's patent, trademark, copyright, trade secret, or other intellectual property rights;
(5) Uploading, posting, emailing, or otherwise transmitting advertising materials, promotional materials, "spam", etc.;
(6) Tracking or otherwise harassing others;
(7) Other acts or content that violate the MIKI LIVE Service Terms that have been published or will be published in the future by MIKI LIVE.
5.5 MIKI LIVE prohibits users from engaging in the following违规 acts when using MIKI LIVE software and related services:
(1) Uploading, posting, emailing, or otherwise transmitting software viruses or other computer code, files, and program data that interfere with, disrupt, or limit the functionality of any computer software, hardware, or communication equipment;
(2) Illegally intruding into, interfering with, or destroying MIKI LIVE services or servers, networks, etc. connected to MIKI LIVE services, engaging in activities that endanger network security, or providing programs or tools specifically used to engage in activities that endanger network security;
(3) Without MIKI LIVE's prior explicit written permission, obtaining platform services, content, or data by any means (including but not limited to any automatic programs, scripts, software such as robot software, spider software, crawler software, etc.) and for any reason, by yourself or by entrusting or assisting others;
(4) Other acts that violate laws and regulations, public order and good morals, this Agreement or the MIKI LIVE Service Terms, and infringe upon the legitimate rights and interests of others.
5.6 You must comply with laws and regulations such as the "Administrative Provisions on Network Audio and Video Information Services" and the creation rules published by MIKI LIVE. You shall not use new technologies and applications based on deep learning, virtual reality, etc. to produce, upload, copy, transmit, or disseminate false news information or other information content prohibited by laws and regulations. When publishing or transmitting non-real audio and video information produced using new technologies and applications based on deep learning, virtual reality, etc., you shall mark it in a prominent manner; otherwise, MIKI LIVE has the right to take measures including but not limited to adding marks, restrictions, bans, etc. on the relevant content and accounts.
5.7 You must comply with laws and regulations such as the "Administrative Provisions on Internet Comment Posting Services" and the rules published by MIKI LIVE. If you are a public account production operator, you can independently manage the comment, reply, message, bullet screen, and other comment posting content under your published content in accordance with the MIKI LIVE Service Terms. If you find illegal and/or bad information content in the comment posting section, you shall take active measures such as reporting, deleting, or blocking. You shall not infringe upon the legitimate rights and interests of others or public interests, seek illegal benefits, maliciously interfere with the order of comment posting, or misguide public opinion by publishing, deleting, recommending comment posting information, or using software, hiring commercial institutions and personnel to disseminate information, or other means of interfering with the presentation of comment posting information.
5.8 If the content uploaded by the user contains the above information or content that violates laws and regulations, public order and good morals, this Agreement and/or the MIKI LIVE Service Terms, the user shall directly bear all adverse consequences arising therefrom. If this causes adverse consequences to MIKI LIVE, the user shall be responsible for eliminating the impact and compensate for all losses caused thereby.
5.9 Users shall not, through any channel or media (including but not limited to self-media, etc.), issue any words carrying the "MIKI LIVE" brand, such as "cooperating with MIKI LIVE", "co-produced with MIKI LIVE", etc. If users need to publicize and promote cooperative programs, they can only mention the program itself in the publicity and shall not mention the relationship with MIKI LIVE or arbitrarily use the MIKI LIVE brand for promotion. All press releases by users carrying the word "MIKI LIVE" must obtain written consent from the corresponding cooperation department of MIKI LIVE; otherwise, users shall compensate for all losses caused to MIKI LIVE.
6. Minor Provisions
6.1 MIKI LIVE attaches great importance to the protection of minors. If you are a minor, you should read this Agreement under the guidance and supervision of your legal guardian and use MIKI LIVE's products and/or services after obtaining the consent of your legal guardian.
6.2 Legal guardians should guide their children on safety issues to be aware of when going online and prevent problems before they occur. MIKI LIVE does not encourage minors to use MIKI LIVE's products/services for any consumption activities. If consumption occurs, minors should apply for consumption in the name of their legal guardian or operate with the explicit consent of their legal guardian. A minor's use of MIKI LIVE services is deemed to have obtained the recognition of their legal guardian.
6.3 MIKI LIVE reminds users that when using MIKI LIVE services, they should be good at learning online, recognize the difference between the online world and the real world, avoid indulging in the Internet, and not affect their daily study and life.
7. Third-Party Links
MIKI LIVE services may provide links to other international Internet websites or resources. Unless otherwise stated, MIKI LIVE cannot control the services of third-party websites. MIKI LIVE assumes no responsibility for any losses or damages arising from your use of or reliance on the above websites or resources. We recommend that you carefully read the terms of service and privacy policies of other websites or resources before leaving MIKI LIVE and accessing them.
8. Intellectual Property
8.1 Protected by the International Copyright Convention, the Copyright Law of the People's Republic of China, the Patent Law, and other laws and regulations regarding intellectual property, all intellectual property rights in the MIKI LIVE services and the software, technology, trademarks, materials, etc. used by these services are owned and enjoyed by MIKI LIVE. "Intellectual property rights" include any and all rights, titles, and interests provided for in the Patent Law, Copyright Law, Trademark Law, Anti-Unfair Competition Law, and other laws, as well as any and all applications, updates, extensions, and restorations thereof.
8.2 Users shall not modify, adapt, or translate the software, technology, materials, etc. used by MIKI LIVE services, or create derivative works related thereto, nor shall they obtain the source code thereof through reverse engineering, decompilation, disassembly, or other similar acts. Otherwise, all legal consequences arising therefrom shall be borne by the user, and MIKI LIVE will pursue the legal liability of the breaching party in accordance with the law.
8.3 Users shall not maliciously modify, copy, or disseminate the software, technology, materials, etc. used by MIKI LIVE services. Otherwise, users shall bear the corresponding legal liability for any damage caused to others or damage to the corporate image of MIKI LIVE arising therefrom.
8.4 Users shall not delete, cover, or alter the copyright notices, trademarks, or other rights notices of MIKI LIVE without authorization. All design drawings and other drawings, product and service names on the MIKI LIVE platform are trademarks and logos owned by MIKI LIVE. No one may use, copy, or use them for other purposes.
8.5 MIKI LIVE has full intellectual property rights to its self-produced content and other exclusive content obtained through authorization. Without MIKI LIVE's permission, no unit or individual may reprint, disseminate, or provide viewing services, or otherwise infringe upon MIKI LIVE's intellectual property rights. Otherwise, MIKI LIVE will pursue the legal liability of the infringer.
8.6 The intellectual property rights owned and enjoyed by MIKI LIVE do not transfer due to any user's act of use.
9. Disclaimer
9.1 MIKI LIVE does not declare or guarantee the correctness or reliability of any content, information, or advertisement obtained through, via, or in connection with, or downloaded from, any service related to this network. MIKI LIVE assumes no warranty responsibility for any products, information, or materials purchased or obtained by users through advertisements or displays on this service. Users bear the risk of using this service at their own risk.
9.2 Unless otherwise explicitly stated in writing, all products and services provided to you by MIKI LIVE are provided on an "as is" and "as available" basis.
9.3 MIKI LIVE does not provide any warranty for the following matters (including but not limited to):
(1) Although the websites, clients, and other software provided by MIKI LIVE have been tested by MIKI LIVE, due to the limitations of the technology itself, MIKI LIVE cannot guarantee that they are fully compatible with other software, hardware, or systems. If incompatibility occurs, users can report the situation to MIKI LIVE for technical support. If the problem cannot be resolved, users may choose to uninstall or stop using MIKI LIVE services.
(2) Using MIKI LIVE services involves Internet services and may be affected by unstable factors at various stages. Force majeure, hacker attacks, system instability, network interruptions, user shutdowns, communication line problems, etc., may cause interruptions in MIKI LIVE services or failure to meet user requirements. MIKI LIVE does not guarantee that MIKI LIVE services are suitable for your usage requirements.
(3) Since the clients and other software provided by MIKI LIVE can be downloaded and disseminated via the Internet, MIKI LIVE cannot guarantee whether software related to MIKI LIVE services obtained from non-MIKI LIVE designated official sites or through non-MIKI LIVE designated channels is infected with computer viruses or hides disguised Trojan horse programs or other hacker software, nor does it assume any direct or indirect compensation liability for damages suffered by users as a result.
(4) MIKI LIVE does not make any warranties regarding the security, reliability, timeliness, and performance of MIKI LIVE services or products.
(5) MIKI LIVE does not guarantee that any products, services, or other materials it provides meet user expectations.
9.4 Users bear all risks associated with using any data downloaded or obtained through MIKI LIVE services. Users assume full responsibility for any damage to their computer systems or loss of data resulting from such use.
9.5 For any loss of profits, commercial reputation, data, or other tangible or intangible losses caused by the following reasons, MIKI LIVE shall not bear any direct, indirect, incidental, derivative, or punitive damages:
(1) MIKI LIVE services are wholly or partially unavailable;
(2) Any products, data, or services purchased or obtained through MIKI LIVE services;
(3) Unauthorized use or modification of user data;
(4) Other matters related to MIKI LIVE services.
9.6 Users shall properly keep their account and password, strengthen password security, and guard against account disclosure or theft. MIKI LIVE assumes no compensation liability for any losses caused by the disclosure or theft of user accounts. For any loss or reduction of accounts, in-account property, etc., caused by non-MIKI LIVE reasons such as communication line failures of telecommunications and network access departments, network or computer failures, system instability, force majeure (such as server downtime), MIKI LIVE assumes no compensation liability.
9.7 Users understand and agree to voluntarily choose to download and use MIKI LIVE services for free at their own risk, including but not limited to the user's conduct during the use of MIKI LIVE services and all consequences arising from the use of MIKI LIVE services. If downloading or using MIKI LIVE services causes damage to the computer system or loss of data, the user must bear all responsibility.
9.8 If the user's account, in-account property, etc., are lost or reduced and cannot be retrieved due to untrue authentication information, MIKI LIVE shall not bear any legal liability.
9.9 The user fully acknowledges and agrees that MIKI LIVE has fulfilled its full duty of reminder and supervisory responsibility. The platform strictly prohibits users from engaging in off-platform private transactions. Any actions taken by users on platforms outside MIKI LIVE require them to bear the relevant transaction risks and legal liabilities themselves. MIKI LIVE assumes no legal liability for any actions taken by persons who are not official personnel of the MIKI LIVE platform.
10. Service Change, Interruption, Termination
10.1 You understand and agree that, in response to changes in national laws and regulations, regulatory policies and industry norms, the rapid development of the Internet, and service operation needs, MIKI LIVE may change the service content, and may also interrupt, suspend, or terminate services.
10.2 You understand and agree that if MIKI LIVE undergoes merger, division, acquisition, or asset transfer, MIKI LIVE may transfer the relevant assets under this service to a third party; MIKI LIVE may also, after notifying you unilaterally, transfer part or all of the services and corresponding rights and obligations under this Agreement to a third party for operation or performance.
10.3 You understand and agree that if you violate laws and regulations, this Agreement and the MIKI LIVE Service Terms, social morals, public order and good morals, and/or infringe upon the legitimate rights and interests of others when using MIKI LIVE services, MIKI LIVE has the right to unilaterally interrupt or terminate the provision of all or part of the services to you without notice.
10.4 You understand and agree that if you engage in acts that violate laws and regulations, social morals, public order and good morals, and/or infringe upon the legitimate rights and interests of others, and thereby affect or may affect the reputation, honor, or other legitimate rights and interests of MIKI LIVE and/or others, MIKI LIVE has the right to unilaterally interrupt or terminate the provision of all or part of the services to you without notice.
10.5 After MIKI LIVE terminates the provision of services to you, it has the right to delete your personal information or anonymize it in accordance with applicable legal requirements, and also has the right to continue to retain other content and information you have stored on our platform in accordance with the periods and methods prescribed by law.
11. Cancellation
11.1 Users have the right to request account cancellation from MIKI LIVE. You can apply to cancel your account through online cancellation application, contacting MIKI LIVE customer service, or other methods we announce (unless otherwise provided by laws and regulations, this Agreement, or the MIKI LIVE Service Terms).
11.2 Special reminder: After canceling your MIKI LIVE account, you will no longer be able to log in to and use all products and services of MIKI LIVE, as well as service content cooperated with third parties within the products and services, using this account. MIKI LIVE will also terminate the provision of our various products and services to you under that account, which will inevitably cause inconvenience to your after-sales rights protection. Once the MIKI LIVE account is canceled, it cannot be restored. Please consider carefully before canceling.
11.3 Once the account is canceled, the relevant user agreements and other rights and obligations documents you have signed with us will be terminated accordingly (unless otherwise agreed to continue in effect or provided by law). At the same time, you acknowledge and agree that even if your account is canceled, this does not reduce or exempt you from any relevant responsibilities that you may need to bear during the term of the agreement in accordance with relevant laws and regulations, relevant agreements, rules, etc.
12. Privacy Policy
12.1 MIKI LIVE focuses on protecting users' personal information and personal privacy. Personal information refers to various information recorded electronically or otherwise that can identify a specific natural person alone or in combination with other information, or reflect the activities of a specific natural person. When you download, install, start, browse, register, log in, and use MIKI LIVE's products and/or services, MIKI LIVE will process and protect your personal information in accordance with the "MIKI LIVE Privacy Policy" published on the platform. Therefore, we hope that you can carefully read and fully understand the full text of the "MIKI LIVE Privacy Policy", and when necessary, follow the guidance of the "MIKI LIVE Privacy Policy" to make the choices you deem appropriate.
12.2 You should carefully read and fully understand the "MIKI LIVE Privacy Policy" before using MIKI LIVE's products and/or services. If you do not agree to the content of the policy, it may cause MIKI LIVE's products and/or services to fail to function properly, or fail to achieve the service effects intended by MIKI LIVE. Your use of or continued use of MIKI LIVE's products and/or services constitutes your full understanding and agreement to all contents of the "MIKI LIVE Privacy Policy" (including updated versions).
12.3 If you have any questions regarding the "MIKI LIVE Privacy Policy" or your personal information related content (including questions, complaints, etc.), you can contact us via MIKI LIKE customer service.
12.4 MIKI LIVE will protect the personal information of deceased users in accordance with the provisions of Article 9 of the "MIKI LIVE Privacy Policy", "Our Protection of Personal Information of Deceased Users". After the death of a MIKI LIVE user (natural person only), their close relatives may, for their own legitimate and justifiable interests, exercise rights to access, copy, correct, delete, etc., the relevant personal information of the deceased user through the methods published by MIKI LIVE, unless the deceased user had other arrangements during their lifetime.
13. Contact Us
13.1 If you have any questions about the content of this Agreement or matters or content information encountered while using our services, or if you have any inquiries, complaints, or reports, you can contact us through any of the following methods:
(1) You can provide feedback/report/complaint opinions via prompts on the MIKI LIVE page, or submit feedback to us through online customer service;
(2) You can send an email to our customer service email address to contact us;
13.2 After receiving your opinions and suggestions, we will verify your user identity and respond to you as soon as possible within 15 working days. Furthermore, you understand and acknowledge that we will not be able to respond to your request under the following circumstances:
(1) Matters related to national security and national defense;
(2) Matters related to public safety, public health, and major public interests;
(3) Matters related to criminal investigation, prosecution, and trial;
(4) Where there is sufficient evidence to show that you have subjective malice or abuse of rights;
(5) Responding to your request would cause serious damage to the legitimate rights and interests of you or other individuals or organizations;
(6) Involving trade secrets;
(7) Other circumstances stipulated by laws and regulations.
14. Governing Law and Jurisdiction
14.1 The validity, performance, interpretation, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. The invalidity of any provision of this clause due to conflict with the current laws of the People's Republic of China shall not affect the validity of the other provisions. The parties agree that when resolving disputes, the latest version of the "MIKI LIVE User Agreement" agreed to by you shall prevail.
14.2 If any dispute arises regarding the content or performance of this Agreement, the parties shall attempt to resolve it through friendly negotiation. If negotiation fails, all parties to the dispute agree to submit the dispute to the Changsha Arbitration Commission for arbitration in accordance with its arbitration rules. The arbitration award shall be final and binding on all parties.
14.3 For the avoidance of doubt, unless otherwise agreed in writing to the contrary, the effect of this governing law and jurisdiction clause extends to this Agreement and the MIKI LIVE Service Terms, including their amendments, supplements, and updates.
15. Modification and Notification of the Agreement
15.1 MIKI LIVE has the right to modify this Agreement and publish the modified agreement in response to changes in national laws and regulations, regulatory policies and industry norms, the rapid development of the Internet, and service operation needs (such as changes in technical conditions, product functions, etc.).
15.2 The aforementioned modified agreement will be notified in advance through appropriate means (including but not limited to pop-up announcements, website announcements, system messages, emails, functional page prompts, etc.) so that you can keep abreast of the latest version of this Agreement. The modified terms of the agreement shall take effect from the date of expiration of the notice period.
15.3 The modified content will constitute an integral part of this Agreement, and you shall comply with it as well. If you object to the modified agreement, you have the right to stop logging in to and using MIKI LIVE and related services. If you log in to or continue to use MIKI LIVE and related services, you will be deemed to have fully read, understood, and accepted the updated Agreement and agree to be bound by the updated Agreement.
16. Disclaimer
16.1 You understand and agree that the platform products and services we provide are provided on an "as is" basis according to existing technology and conditions. We do not make any express or implied warranties regarding the following:
(1) The platform products and services are completely suitable for your use requirements, meet specific purposes, and any products, services, or other information obtained through us meet your expectations;
(2) The platform products and services are free from interference, timely, safe, reliable, or error-free, and permanently available;
(3) Any errors in the platform products and services will be corrected;
(4) You do not face any risks during your use of the platform products and services.
16.2 We will make our best efforts to ensure the continuity and security of the services, but the platform products and services may be affected or interfered with by various factors. You understand and agree that we shall be exempt from liability to the extent permitted by laws and regulations for any service suspension, interruption, termination, or any loss caused by the following circumstances:
(1) Due to force majeure factors, including but not limited to government actions, natural disasters (such as floods, earthquakes, typhoons, etc.), war, strikes, riots, epidemics, etc.;
(2) Due to factors beyond our control such as power failures, communication network failures, hacker attacks, malicious program attacks, viruses, third-party service defects;
(3) We conduct inspections, maintenance, upgrades, or repairs to the relevant systems or equipment of the platform products and services. We will make our best efforts to notify you in advance under such circumstances.
16.3 If there is any online information, account password, advertisement, or promotional information suspected of involving loans, investment and financing, wealth management, or other property-related matters, please treat it with extra caution and make your own judgment. Except as otherwise expressly provided by laws and regulations, we shall not bear any direct, indirect, joint, or punitive compensation liability for any loss of profits, commercial reputation, data, or other tangible or intangible losses you suffer as a result.
16.4 We have the right to review and process illegal or non-compliant content in accordance with laws and regulations, this Agreement, and platform rules, but this right does not constitute our obligation or commitment, and we cannot guarantee to promptly discover illegal acts or take corresponding actions.
16.5 This Agreement aims to ensure compliance with national laws and regulations, maintain public order and good morals, and protect the legitimate rights and interests of users and others. We make our best efforts within our capacity to make judgments in accordance with relevant laws and regulations, but we do not guarantee that our judgments are completely consistent with those of judicial or administrative authorities.
16.6 Unless we otherwise expressly agree or promise, we do not guarantee that the platform is legal or appropriate in any jurisdiction other than the official release. If you use the platform in a jurisdiction other than the official release, you confirm that such use is your own initiative, and you will ensure that your use of the platform complies with all applicable laws of that jurisdiction and bear the corresponding risks and responsibilities yourself.
16.7 Except as otherwise expressly provided by laws and regulations, under no circumstances shall we be liable for any indirect, consequential, punitive, incidental, special, or penal damages, including but not limited to loss of profits suffered by you due to your use of the platform. Except as otherwise expressly provided by laws and regulations, our total liability to you, regardless of the cause or manner of action, shall never exceed the fees (if any) paid by you to us during your use of the platform.
17. Notices
17.1 To provide you with better services, or due to changes in national laws, regulations, policies, technical conditions, product functions, etc., we will revise this Agreement from time to time, and the revised content constitutes an integral part of this Agreement. After this Agreement is updated, we will publish the updated version on the platform client and official website, and remind you of the updated content through announcements on the platform client and official website or other appropriate means before the updated terms take effect, so that you can keep abreast of the latest version of this Agreement. You can also consult the latest version of the terms of this Agreement on the platform client or official website. If you continue to use the platform, it means that you have agreed to accept the revised content of this Agreement. If you object to the revised agreement content, please immediately stop logging in to or using the platform.
17.2 Our notices to you may be made by one or more of the following methods, including but not limited to system prompts, page pop-ups or prompts, announcements, in-site messages, emails, mobile text messages, etc. If the contact information you reserved on the platform changes, you should update it promptly. Our notices may have a significant impact on your rights and obligations, and you should remain reachable and promptly review the aforementioned notice content.
18. Miscellaneous
18.1 The formation, effectiveness, performance, interpretation, and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. If any provision of this Agreement is invalid due to conflict with relevant laws and regulations, such provisions shall be reinterpreted and applied in a manner as close as possible to the purpose of the original provision without violating the law, and the other provisions of this Agreement shall remain in full force and effect.
18.2 The place of signing of this Agreement is Changsha City, People's Republic of China. If any dispute arises between you and us, the parties shall attempt to resolve it through friendly negotiation. If negotiation fails, you agree to submit the dispute to the people's court of competent jurisdiction in Changsha City for litigation.
18.3 The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of any provision of this Agreement.
18.4 You and we are independent entities. Under no circumstances does this Agreement constitute any form of express or implied warranty or condition from us to you, nor does it constitute an agency, partnership, joint venture, or employment relationship between the parties.