iGO.Live User Agreement

Effective: April 25, 2017

Welcome to iGO.Live! We are excited that you have decided to use iGO.Live.

1. Special Notices

1.1 iGO.Live agrees to provide a live streaming network / platform of live stream content or other content uploaded directly by users (“User Generated Content”) utilizing the internet and cellular networks based services (hereafter "Services") in accordance with the provisions of this Agreement and any terms of use that are periodically issued. To obtain these Services, the service user (hereafter the "User") shall agree to the provisions of this Agreement in its entirety and complete the registration process as indicated on the page. By clicking on "Sign Up" during the registration process, the User wholly agrees to all provisions in the items of this Agreement. By using the Services under this Agreement, User hereby declares that: (i) User is of the sufficient legal age (according to the prevailing regulations) and have the full legal capacity and are not prohibited to enter into and conclude a binding agreement, or (ii) you have obtained the consent from your parents or guardian to use the Services and to be bound by this Agreement. You also declare that the information you provide in the registration process is always correct, true, up to date and accurate. This Agreement is an agreement between the User and Xuanyixia Limited, a company registered in Hong Kong with its registered address at Flat 2, 19/F, Henan Building, 90-92 Jaffe Road, Wanchai, Hong Kong, being the developer of the iGO.Live product (“iGO.Live”). iGO.Live has the right to amend or modify this Agreement as it may consider necessary without further notice to User, including by way of announcing the amendment to the Services and the User agrees that by continuing to use the Services after the amendment or modification, the User agrees to be bound by the amended terms and conditions which has been modified. The User is fully required to know the modified and newest version of the Agreement by accessing the following link: About Us>User Agreement. For the purposes of this Agreement, iGO.Live and the User shall be jointly referred to as the “Parties” and any one of them as a “Party”.

1.2 After the User is successfully registered, iGO.Live will assign each user a user account and password, the safekeeping of which shall be the responsibility of the User. The User shall bear full legal liability for all behavior and activities conducted through their user account. The User shall indemnify and hold iGO.Live free and harmless from any claims and/or lawsuits from any third parties arising out of the User’s use or unlawful use of the Services through its user account.

2. Services Content

2.1 The actual content of the Services is provided by iGO.Live based on the situation, e.g. a live video broadcast, video on demand, video filters, music streaming, searches, networking, forums (BBS), chat rooms, email and the posting of comments, etc.

2.2 Some of the Services provided by iGO.Live require payment. When the User uses such paid-for services, they will be required to pay the relevant charges to iGO.Live. For paid-for Services, iGO.Live will give the User explicit notice in advance. The User can only access such services if he/she confirms, as prompted, that he/she agrees to and pay the relevant charges. The User acknowledges and agrees that if the User chooses to decline to pay the relevant charges, iGO.Live has the right to not provide such paid-for Services to the User.

2.3 Where payment in relation to the Services is required, the payments shall be subject to a separate iGO.Live Payment Policy which shall constitute an inseparable part of this Agreement, which may be obtained by accessing following link: About Us>Payment Policy

2.4 The User understands that iGO.Live merely provides the relevant Services, and that the User is solely responsible for his/her own required equipment (such as PC, cell phone or any other devices used for connecting to the internet or cellular network) relevant to these Services, as well as the necessary costs (such as telephone or internet charges for internet connection and cell phone charges for cellular network usage) thereof.

3. Modifications, Suspension, Termination or Restriction of Service

3.1 In consideration of the unique nature of Services, the User acknowledges and agrees that iGO.Live has the right, at its sole discretions, to modify, suspend or terminate part or all of these Services (including those requiring payment) at any time and from time to time. iGO.Live may also impose limits on certain features and services or restrict the User’s access to part or all of these Services. If the modified, suspended, terminated or restricted Service is a free service, iGO.Live is not obligated to notify the User and shall not have any liability in whatsoever forms to the User or any third party. If the modified, suspended or terminated Service is a paid-for service, iGO.Live shall notify the User in advance of any modification, suspension or termination, and should provide affected users with an alternative paid-for service of equivalent value.

3.2 The User understands that iGO.Live needs to perform scheduled or unscheduled repairs and maintenance on the platform providing the Services (such as the website or cellular network, etc.) and the relevant equipment. If such situations cause an interruption of paid-for Services for a reasonable duration, iGO.Live shall not bear any liability to the User and/or to any third parties. However, iGO.Live shall provide as much advance notice as possible.

3.3 iGO.Live has the right to suspend, terminate or restrict provision of the Services under this Agreement at any time and is not obligated to bear any liability to the User or any third party, if any of the following events occur:

  • 3.3.1 Personal information provided by the user is false;
  • 3.3.2 The User violates the terms of use stipulated within this Agreement;
  • 3.3.3 The User does not make a payment to iGO.Live, as stipulated, to cover the relevant service fees when using paid-for Services.

3.4 If the User's registered account for a free Service is inactive for 90 consecutive days, or the User's registered account for a paid-for Services is inactive for 180 consecutive days following expiration of the subscription period, then iGO.Live has the right to delete the account and discontinue the provision of relevant Services to the User.

3.5 If the User's registered free account name violates any laws and regulations or national policies, or if it infringes upon the legal rights and interests of any third party, iGO.Live retains the right to revoke the account name.

4. Terms of Use

4.1 When applying to use iGO.Live's Services, the User must provide accurate personal information and promptly update the information if any changes occur, and upon request from iGO.Live, provide evidence to verify accuracy of the information given.

4.2 The User shall not transfer or loan his account or password to others. The User shall immediately notify iGO.Live if he discovers unlawful use of his account by others. iGO.Live shall not bear any liability, in whatsoever forms, if hacking or user negligence results in the unlawful use by others of the User's account or password.

4.3 The User agrees that iGO.Live has the right to, when providing Services, place any type of commercial advertisement in any form or other types of commercial information (including, but not limited to, the placement of advertisements on any page of iGO.Live website). The User also agrees to receive promotional or other relevant commercial information from iGO.Live via email or other methods.

4.4 By using and/or uploading any live stream content or other content through iGO.Live Services (including but not limited to forums, BBS, comments or personal microblogs) to publicly accessible areas of iGO.Live website, the User grants to iGO.Live the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.

4.5 While using iGO.Live Services, the User must abide by the following:

  • 4.5.1 The User shall comply with all applicable laws and regulations in Hong Kong as well as in the User’s country of residence;
  • 4.5.2 The User shall comply with all agreements, stipulations and procedures applicable to the Services;
  • 4.5.3 The User shall not use the Services system for any unlawful purposes which is in violation of the prevailing laws, decency and public policy;
  • 4.5.4 The User shall not, in any shape or form, use iGO.Live Services to infringe upon the commercial interests of iGO.Live, including but not limited to the posting of commercial advertisements without the express permission of iGO.Live;
  • 4.5.5 The User shall not use iGO.Live Services system to engage in behavior that may adversely impact the normal operation of the internet or cellular network;
  • 4.5.6 The User shall not use Services provided by iGO.Live to upload, display or distribute any false, harassing, harmful, abusive, threatening, vulgar or obscene messages or information, or any other type of unlawful messages or information;
  • 4.5.7 The User shall not infringe upon the patents, copyrights, trademarks, right to reputation or any other legal rights and interests of any third party;
  • 4.5.8 The User shall not use iGO.Live Services system to engage in any behavior detrimental to the interests of iGO.Live;

4.6 iGO.Live has the right to review and monitor the User's usage of iGO.Live Services (including, but not limited to, review of content stored by the User on iGO.Live website). If iGO.Live, at its sole discretions, reasonably consider that the User violates any of the aforementioned stipulations when using the Services, iGO.Live or its authorized agent has the right to request the User to rectify the situation or to directly take all necessary measures (including, but not limited to, modifying or deleting the content posted by the User, or suspension or termination of the User's rights to use the Services) to mitigate the impact of the User's improper conduct without requiring any approval from the User. In addition to the aforesaid provisions, if iGO.Live discovers or reasonably suspects that any of the User's virtual currency or virtual item in the Services may have an illegitimate or inappropriate source, or is in an abnormal status, iGO.Live is entitled to suspend the User's rights to use the Services to investigate such virtual currency or virtual item, without requiring any approval from the User.

4.7 Any disclaimers, notifications or cautions regarding the usage of particular iGO.Live Services, which are issued through various methods (including, but not limited to, webpage announcements, emails and SMS reminders), shall be deemed to form part of this Agreement. Usage of such Services shall be deemed to be a confirmation of the User's acceptance of the content of such disclaimers, notifications and cautions.

4.8 iGO.Live will limit access to information about the User to employees who we believe reasonably need to come into contact with that information to provide products or services to the User or in order to do their jobs.

5. Intellectual Property Rights

5.1 All text, data, images, graphics, audio and/or video information and other materials within the Services provided by iGO.Live are property of iGO.Live are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring any license of any intellectual property rights or such materials by iGO.Live to the User. The User is prohibited from copying, displaying, downloading, modifying, reproducing or creating any derivative works of such materials, directly or indirectly published, performed, rewritten or republished for performance or distribution purposes, or otherwise used for commercial purposes without prior written consent from iGO.Live. The entirety or any part of such information may only be stored on a computer for private and non-commercial use. In further consideration of the unique nature of the Services, iGO.Live shall not bear any liability for any loss or damage incurred by the User by using the Services, any compensation, in any form, to the User or any third party for delays, inaccuracies, errors or omissions, interruption or defect arising from the production, the operation, transmission, transfer or submission, communications-line failure, theft or destruction of all or part of the aforementioned information, nor for any losses or damages arising from, or caused by, such inaccuracies, errors or omissions or any unauthorized access of the Services.

5.2 Any intellectual property rights of any software (including, but not limited to, any images, photos, animations, video recordings, audio recordings, music, text, add-on programs and supplementary material) belonging to any third party used by iGO.Live in the provision of Services belong to such third party copyright holder. The User may not reverse engineer, decompile or disassemble such software without the prior permission of the copyright holder.

5.3 By providing live-feed content or by uploading other content including but not limited to files, photographs, links, texts and images, User agrees to give iGO.Live (including and all other users of the Services) an irrevocable non-exclusive royalty-free rights to use the User Generated Content or any other content and their selection and arrangement for any purpose including publication, display, modification, and creation of derivative works.

6. Privacy Protection

6.1 The protection of user privacy is a fundamental policy of iGO.Live. iGO.Live guarantees that it will not publicly disclose or provide a third party with an individual user's registered information or non-public content, which is stored in iGO.Live during the use of Services. However, the following circumstances are excluded:

  • 6.1.1 When previous authorization is obtained from the User;
  • 6.1.2 When and as required by applicable laws and regulations;
  • 6.1.3 When and as required by relevant competent authorities of the government;
  • 6.1.4 When it is necessary to safeguard the public interest;
  • 6.1.5 When it is necessary to safeguard the legal rights and interests of iGO.Live.

6.2 iGO.Live may collaborate with a third party to provide the User with relevant Services. In this scenario, iGO.Live has the right to share the User's registered information with a third party, if the third party agrees to bear responsibility for providing privacy protection equivalent to that of iGO.Live.

6.3 Under the condition that no private information of an individual user is disclosed, iGO.Live has the right to analyze the entire user database and utilize the database for commercial purposes.

6.4 The User acknowledges and agrees that the User may, directly or indirectly, provide any of its personal information through its use of the Services and as provided under this agreement. For the purposes of this article, the User hereby agrees and consents to the use of the User’s personal information by iGO.Live, and such shall be considered as the consent as stipulated under the prevailing applicable laws.

6.5 The User hereby agrees and consents to the accessing of the User’s phone contact list by iGO.Live, which may use such list to identify potential video chat partners for the User and may send invitation to them to join a video chat session or to do any other activities that are not forbidden by applicable laws.

6.6 iGO.Live privacy protection will be subject to a separate iGO.Live Privacy Policy, which shall constitute an inseparable part of this Agreement, which may be obtained by accessing following link: iGO.Live Privacy Policy

7. Disclaimers

7.1 The User expressly agrees that he/she shall be fully responsible for any risks involved in using iGO.Live Services. The User shall also be responsible for any and all consequences arising from the Use of iGO.Live Services, and iGO.Live shall not bear any liability to the User.

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

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

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

7.5 The User agrees that iGO.Live shall not bear any liability for any losses arising from inadequacies in the quality of the following products or services provided by iGO.Live:

  • 7.5.1 Services provided to the User free of charge;
  • 7.5.2 Any complimentary products or services offered to the User;

8. Compensation

The User agrees to safeguard and maintain the interests of other users. If the User violates the relevant laws and regulations, or any of the provisions of this Agreement, and in doing so causes damages to iGO.Live or any other third party, the User agrees to bear full responsibility for compensation of any damages caused.

9. Changes to the Agreement

9.1 iGO.Live has the right to make changes at any time to any provision of this Agreement. Once the contents of this Agreement have been modified, iGO.Live will publish the contents of the modified Agreement directly on iGO.Live website. This announcement shall be deemed to be a confirmation that iGO.Live has notified users of the changes. iGO.Live may also inform users of the details of the changes through other appropriate methods.

9.2 The User has the right to discontinue use of the Services if they do not agree to the changes made by iGO.Live to relevant provisions of this Agreement. Continued use of the Services shall be deemed as an acceptance of such changes.

10. Delivery of Notifications

10.1 Under the terms of this Agreement, all notifications sent to users by iGO.Live may be delivered via a webpage announcement, email, text message or post; such notifications shall be deemed to have been received by the recipient on the date sent.

10.2 Notifications from the User to iGO.Live should be sent to the contact address, fax number, email address or other contact details officially issued by iGO.Live. 

11. Legal Jurisdiction

11.1 This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to choice of law principles. Should a dispute arise between the Parties in connection with this Agreement, the Parties shall attempt to resolve such dispute through friendly consultations between themselves. If, however, the dispute cannot be resolved within thirty (30) days after commencement of such friendly consultations, then the Parties agree that such and all disputes arising from the implementation of or in connection with this Agreement, including questions regarding its existence, validity or termination, shall be settled, referred to and finally resolved by the Beijing Arbitration Commission (“BJAC”), under its Rules of Arbitration for the time being in force, which rules are deemed to be incorporated by reference to this section. The arbitration shall be conducted in English by three (3) arbitrators from the then existing BJAC list of arbitrators where each Party shall appoint one arbitrator and these two shall appoint a third arbitrator. The award shall be final and binding on both Parties. Expenses of the arbitrator(s) shall be divided equally between the parties. 

11.2 The Parties shall keep confidential all information relating to the arbitration, including without limitation, the existence of arbitration proceedings (or the possibility thereof), the proceedings themselves, all statements given or made during the course of the proceedings, all documents and other information submitted by parties in connection with the proceedings, all documents and other information issued by the arbitrator and/or the arbitration center and the arbitral award. Nothing herein shall be deemed to limit the parties’ rights to seek interim injunctive relieve from any court to prevent or curtail any breach of this Agreement. 

12. Other Terms

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

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

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

12.4 Language: This Agreement is made in English and the Parties agree that in the event of any inconsistency between various language versions, the English language version shall prevail and take precedence.