Uhomes+ Live Terms & Conditions

作者:异乡好居时间:2021-11-30来源:异乡站

Uhomes+ Live Terms & Conditions

Uhomes+ Live Terms & Conditions (hereinafter the“Terms”) governs the relationship between Uhomes Network & Technology and the Live broadcast Host (hereinafter the “Host”). the Uhomes+ Mini Program, Uhomes+ app and other affiliated applications. The parties understand and willingly enter this agreement in good faith. By clicking the “Agree” button, the Host indicates that they have read and understand the Terms governing Live broadcasts on Uhomes+ under this agreement. Important Notices By using Uhomes+ to broadcast live (hereinafter the “Service”, the Host undertakes that they have read and agree to these Terms, including those clauses that governs the rights, responsibilities and exemptions of duty. If the Host does not agree to these Terms, you must cease using the Service immediately, or take steps to delete your Live broadcast account. Where the Host breaches their responsibilities under this Agreement, Uhomes+ reserves the right to unilaterally suspend or terminate the Service to the Host, as well as the right to pursue the relevant responsibilities of the Host. If the Host is a minor, you must read this Terms & Conditions under the supervision of a parent or guardian. These Terms are constantly updated and amended to comply with current legislation, business or platform amendments or any other circumstantial changes. The amended Terms will be uploaded to the Uhomes+ platform immediately, and the Host is deemed to have read and agreed to such changes within 7 days of their posting. If you disagree with any amendment to these Terms, please discontinue your use of the Service immediately. Continued use shall be deemed to indicate understanding and agreement of the Terms.  1.Terms 1.1 Uhomes+ undertakes to provides the Host with access to its Live broadcast Service. The Host will broadcast live to users of Uhomes+ on subjects including but not limited to Room Tours, study and education, recruitment and job hunting. 1.2 By agreeing to these Terms, the Host acknowledges their understanding of the Uhomes+ platform including its Terms of Service and Terms & Conditions. Furthermore, the Host guarantees they are a legal person capable of undertaking the rights and responsibilities governed by this Agreement. The Host shall submit all the necessary application materials to Uhomes+ prior to approval to broadcast. These Terms shall govern the Host for as long as they broadcast live on Uhomes. This Agreement constitutes an effective, binding and enforceable legal obligation on the Host. 1.3 The Host guarantees that during the course of Live Broadcast, they shall abide by local and international laws. The following conduct is expressly forbidden: (1) actions contrary to the laws and principles of the constitution of the People’s Republic of China (2) conduct that harms national unity, sovereignty or territorial integrity. (3) divulging State secrets, endangering national security, or otherwise harming national interests (4) inciting hatred or discrimination, undermining ethnic unity, or violating the customs and culture of any ethnic group. (5) inciting hatred or fervor, promoting cultish groups, individuals or behaviours. (6) spreading rumors, disturbing social order and undermining social stability. (7) obscene or lascivious conduct, or conduct that promotes gambling, violence, or incites or abets criminal activity. (8) conduct that insults or slanders others, or infringes upon the legal rights and interests of others. (9) conduct that infringes upon the cultural rights of ethnic minorities, or the public domain as a whole. (10) any other illegal or fraudulent activity. 1.4 This agreement does not create any legal relationship with regard to employment between the Host and Uhomes+. Live broadcasting on Uhomes+ does not mean you are an employee of Uhomes+ or represent the views and opinions of Uhomes+ in any way. 2. Service Agreement 2.1 Uhomes+ provides the platform for Hosts to broadcast live so the Host can leverage the Uhomes+ brand and its user reach. Furthermore Uhomes+ provides customer service assistance to make sure the service runs smoothly. Uhomes+ endeavors to promote the broadcast to its users and to constantly update and improve the platform itself. 2.2 Uhomes+ will make amendments and adjustments to the regulations of the platform, as the company deems fit or as is required by a supervisory agency, in order to protect the rights and interests of the Uhomes+ community of users. Hosts will be informed by email as well as other provided communication channels of any changes made to these Terms. Where you do not agree to the amended Terms & Conditions, you must cease using Uhomes+ Live and related services immediately. 2.3 Uhomes+ reserves the right to inspect and evaluate Live Broadcasts and has the unilateral right to impose favorable treatment or restrictions on use. Where a Host and Uhomes + determine opportunity to work together, this will be discussed and agreed together on a case by case basis. 2.4 Uhomes+ reserves the right to make recommendations and suggestions to the Host regarding broadcast content and delivery, including any offers or activities. Furthermore, Uhomes+ reserves the right of final determination on content and delivery on the Uhomes+ platform. 2.5 The Hosts live broadcast itself, the content therein and images, text or other uploads related to the content are the property of Uhomes+. Uhomes+ reserves the right to replay broadcasts, including editing the content before publishing it and allowing Uhomes+ partners to use the content. Uhomes+ shall protect its interests where questions of copyright or other infringements arise, including but not limited to discovery, asset protection, administrative or legal proceedings, and the seeking of damages or compensation. 2.6 Uhomes+ reserves the right to request the Host carry out reasonable direct or indirect promotion of their own broadcast. 2.7 As determined by the application procedure and platform rules, the Host is responsible for managing the content and delivery of their broadcast. The assistance of a studio, broker or other third-party agency may be used. 2.8 Uhomes+ reserves the right to stop a broadcast, delete the content, freeze the Host account and cooperate with relevant government or legal agencies where the actions and conduct of the Host could be reasonably believed to infringe upon the rights and interests of a certain group, or to contravene the rights and interests enjoyed by others under the law. 3. Terms of Use 3.1 Hosts must be at least 16 years of age with full legal personality, or else undertake these Terms with a legal guardian and have obtained the express permission of that guardian. The legal guardian must consider the rights and interests of the minor when reading these Terms and consider the implications and potential consequences of Hosting. Uhomes+ reserves the right to freeze accounts and unilaterally terminate these Agreement where Uhomes+ believes the above considerations or protocols have not been followed. 3.2 The Host is responsible for ensuring the use and quality of the microphone and recording equipment/mobile phone. Uhomes+ will not provide microphones, lighting, phones or other equipment for the purposes of Live Broadcasting. 3.3 Without the written consent of Uhomes+, Hosts must not discuss or promote any competitor third party platform in any form. Host must not directly or indirect users to use another platform. Host must not use the Live Broadcast to advertise, promote products or make sales or carry out any illegal activity. Hosts must not send links within the Live space that mean users would link outside of the Uhomes+ platform. 3.4 The Host understands and agrees that Uhomes+ and affiliated companies can use the Live broadcast recording, sound, provided images and name for promotional purposes within the validity of this Agreement and after its expiration. 3.5 The Host guarantees that his/her activity on Uhomes+ is legal, and does not infringe upon the rights of any third party. The content of the broadcast, including but not limited to any software, videos or images used in the course of the broadcast must be the property of the Host or be able to prove the necessary permissions to use such content. The Host guarantees that it has the legal standing to enter in to this agreement without any infringement upon the rights of any third party. The Host guarantees to respect the rules and regulations of Uhomes+ as well as the operational processes that govern Live broadcasting on Uhomes+. The Host guarantees not to promote or engage in any pornographic, sexual, violent or inciteful activities or conduct. 3.6 The Host should make efforts to present the best possible image of themselves and/or their company. Live broadcast content should not compromise this image or affect the standing and reputation of Uhomes+. In this regard, special attention should be paid to discussion, promotion or insinuation of smoking, drug use, theft, prostitution, gambling and/or any other activity that affects public order or may be illegal. 3.7 The Host must abide by any additional obligations freely entered in to, especially those governing revenue sharing or mandatory termination commitments. 3.8 Hosts maintain the right to offer gifts, offers including cash back offers or other incentives to users throughout the broadcast. Revenue generated from such offers including the payment of or tax issues relating to such payments are subject to provision by Uhomes+ or designated third party. 3.9 The Host guarantees that provided payment information is correct, true, and valid. The host bears responsibility and liability for any loss Uhomes+ incurs because of false or incorrect account information. 3.10 The Host acknowledges and agrees that any financial loss, penalty, fine or government fine or compensation due to users may be deducted from such revenue held by Uhomes+ on the Uhomes+ platform. 4、 Secure System 4.1 The Host guarantees to indefinitely protect Uhomes+ operations and trade secrets. Trade secrets include any information that brings potential profit, carries practicable use for Uhomes+ and is not public information, including but not limited to: technological, operations, offers and activities, profit or business models, employee information, contact details, Uhomes+ internal documents, or operational or management information. Trade secrets may be information provided by Uhomes+, or information gained in the course of conducting business with Uhomes+, or where Uhomes+ is obligated to protect third party information. 4.2 Hosts shall not directly or indirectly divulge Uhomes+ trade secrets, without the express approval of Uhomes+, including but not limited to: (1) verbal or other forms of communication to share information; (2) actions outside the prescribed scope of this agreement; 4.3 Uhomes+ reserves the right to seek financial or other compensation where the Host has caused, directly or indirectly, any financial, reputational or other loss as a result of divulging Uhomes+ trade secrets. 5. Termination 5.1 Uhomes+ reserves the right to terminate this agreement unilaterally where changes of circumstance, law or legal requirements dictate at so ever which time they dictate. 5.2 Uhomes+ reserves the right to provide 30 days written notice of termination without giving rise to any cause for breach of contract. 5.3 This agreement may be mutually terminated at any time, or shall be terminated where a specific agreed time frame for validity has elapsed. 5.4 Where the host commits one of the following actions, Uhomes+ has the right to unilaterally terminate the agreement without notice: (1) The Host violates the promises made under this agreement; (2) The Host, directly or indirectly, causes financial or reputational damage to Uhomes+; (3) The Host violates national laws or regulations; (4) The Host violates their obligations under this agreement; (5) Uhomes+ informs the Host of action or inaction that is against the spirit of this agreement (even if it does not constitute a breach in and of itself) and the Host does not take steps to remedy this within 3 days; (6) Uhomes+ informs the Host that their actions constitute activity outside the expected scope of the agreement and the Host does not take steps to remedy this within 3 days; (7) Where the Host is unable to continue broadcasting because Uhomes+ will cease providing a Live Broadcast functionality. 5.5. Uhomes+ reserves the right to keep or delete any account, activity, server or other related data that the Host has generated whilst using the Uhomes+ platform, including unprocessed data at the time of account termination. 5.6 The Host is required to back up any data the Host wishes to keep themselves prior to deleting their account. 6. Liabilities 6.1 Except where outlined elsewhere in this agreement, if the Host misrepresents Uhomes+, or breaches this agreement in any way, causing Uhomes+ to become susceptible to claims from any third party or causing Uhomes+ to suffer financial or loss of reputation, the Host must take all appropriate measures to protect Uhomes+ interests in such instances (including but not limited to third party dispute resolution). In such instances, Uhomes+ reserves the right to claim compensation from the Host for any such associated losses. Uhomes+ may take one of the following actions to protect itself, to ensure the Host works to protect Uhomes+ legitimate interests, or to claim against the Host, depending on the severity of the breach of contract: (1) temporarily freeze the Host account until the breach has been rectified; (2) permanently freeze the Host account; (3) permanently delete the Host account; (4) refuse or deny any future account registration by the Host; (5) temporarily suspend settlement of Uhomes+ earnings the Host may be due until the breach has been rectified; (6) use outstanding Uhomes+ earnings to recompense Uhomes+ for loss caused by the conduct of the Host; (7) require payment within 5 working days of losses sustained by Uhomes+ as a result of conduct of the Host. (8) unilaterally terminate this agreement, all cooperation between the parties, no longer pay future earnings, and claim for incurred losses. 6.2 Where the Host violates Clause 1.5, 3.3, 3.5 or 3.6 Uhomes+ reserves the right to deduct all or part of the earnings due to the Host. Depending on the severity of the breach, Uhomes+ reserves the right to unilaterally terminate this agreement and the Host shall bear full liability for the loss incurred by Uhomes+. 6.3 Where the violation by the Host causes reputational damage to Uhomes+, including but not limited to media coverage and social media posts, Uhomes+ has the right to require a written statement from the Host, explaining the facts and issuing an unreserved apology if required by Uhomes+. 7. Notices 7.1 Uhomes+ will use various means to inform you of any changes to this agreement, as well as explaining how these changes may affect your rights and obligations. These include but are not limited to: emails, web pop-ups, text messages, letters, and app notifications. Such modifications are deemed to be received and agreed by the Host. If you do not agree, you should notify Uhomes+ and cease using the Live Broadcast function immediately. 7.2 Notices including but not limited to terms and conditions, amendments and updates will be sent to the email, phone and other contact details provided by the Host. Where the contact details provided are incorrect, the Host shall bear responsibility for that error and shall be deemed to have read, acknowledged and shall be bound by the sent information. 7.3 The Host acknowledges and agrees that system and software information is sent, received and stored within the use of this service. Such information includes but is not limited to phone line, mobile, email, QQ, Uhomes+, Weibo, WeChat and other potentially commercial or marketable information. 7.4 The Host must contact Uhomes+ in writing using the recommended Uhomes+ contact details where an issue or potential issue arises. 8. Dispute Resolution 8.1 The establishment, entry in to force, performance, interpretation and dispute resolution of this agreement shall be governed by the laws of the People’s Republic of China. 8.2 Every effort should be made, in good faith, to resolve any dispute through friendly negotiation. Where negotiation is unable to bring about a mutually agreeable solution, the issue shall be brought to a mediation Council, Hongqiao District, Tianjin . 8.3 Agreement governed by: Hongqiao District, Tianjin, People’s Republic of China. 9. Liability Limitation 9.1 The Host understands that Uhomes+ works hard to stamp out any threatening or defamatory conduct, any conduct which may infringe upon the rights (including IP rights) of the Host, any anonymous or impersonation attempts by users on the platform but acknowledges that it is not possible for Uhomes+ to completely eradicate such action or conduct and therefore understand that the Host risks encountering such conduct in the process of Live Broadcasting. Uhomes+ is not liable for any direct, indirect, accidental, circumstantial, or subsequent damage caused by such conduct. We shall endeavor to regulate and remove any conduct which does not comply with our Terms of Use. 9.2 Uhomes+ shall endeavor to provide a fully functional platform and smooth service but shall be no liability for loss of connection or interruption of the service, data loss or any other loss due to but not limited to, force majeure, trojan and other viruses, system instability, third-party issues, or government intervention. 9.3 Uhomes+ will not be liable, within the scope of the applicable law, for loss that occurs as a result of: (1) Software, hardware, system or server communication errors; (2) Improper use by the Host (3) Use of hidden or re-routed servers to access the Uhomes+ service (4) Other circumstances beyond the reasonable control or foreseeability of Uhomes+ 9.4 The Host understands and acknowledges that this agreement covers the provision of Live Broadcast services by Uhomes+. It does not constitute or create a partnership or other business relationship, nor does it create an employer employee relationship. Uhomes+ bears no liability for the actions of the Host. 9.5 Whilst Uhomes+ reserves the right to take appropriate actions against illegal conduct or conduct that violates the terms of this agreement, and Uhomes+ will make every effort for the timely detection and removal, this does not constitute an obligation. Uhomes+ cannot guarantee such timely detection and corresponding action. 10. Other 10.1 This agreement forms part of the larger body of Uhomes+ user agreements including the Licence & Service Agreement, as well as the Uhomes+ Terms & Conditions as well as other relevant rules and regulations governing the Uhomes+ platform. The individual parts of the total body of Uhomes+ Agreements is subject to constant revision and updates. When updates are released, the governance of this Agreement may change. The Host is bound by latest update and that interpretation of the Agreement. Where a conflict exists between an Agreement and the Uhomes+ Live Terms & Conditions, this Agreement shall prevail.Uhomes+ reserves the right to unilaterally amend this Agreement from time to time. Continued use of the services outlined constitutes agreement to the latest terms and conditions. Where the Host does not accept the update Terms & Conditions, they must cease using the services immediately. 10.2 The titles used within this Agreement are for illustrative purposes only. They do not constitute a legally binding component of the Agreement. 10.3 Any amendment to the platform, related products and services, function or agreement names does not effect the validity of this Agreement, the updated terms and conditions shall apply to this Agreement. 10.4 Where an individual term within this Agreement is deemed to be invalid, the remaining terms maintain validity and enforceable on all parties.
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