Welcome to BClive (the “Platform” or “APP”). The App is provided and controlled by WANDA TECHNOLOGY INC. (“BClive”, “we” or “us”) This Terms of Service ("Terms") was written in English (US). This Terms is the legitimate agreement by and between You and BClive. To the extent any translated version of Terms agreement conflicts against the English version, this English version prevails.
1. Special Notices
1.1 This BClive User Agreement (this “Agreement”) governs your usage of our services, (hereinafter, “Services”) including BClive App, a Audio streaming application and social network developed by us. For the purposes of this Agreement, you and BClive will be jointly referred to as the “Parties” and respectively as a “Party”.
1.2 By using our Services, or by clicking on "Sign Up" during the registration process, you agree to all terms of this Agreement. We, at our sole discretion, may revise this Agreement from time to time, and the current version will be found at the following link: About us>User Agreement. By continuing to avail our Services, you agree to be bound by the revised Agreement.
1.3 You may only use our Service if you are 16 years or older, and if you are not subject to statutory age limit to enter into this Agreement according to the applicable laws and regulations in your country. If you are below the aforementioned minimum age, you may only use BClive if your guardian has provided us with valid consent for you to use BClive . You may not falsely claim you have reached the minimum age
1.4 You shall be solely responsible for the safekeeping of your BClive account and password. All behaviors and activities conducted through your BClive account will be deemed as your behaviors and activities for which you shall be solely responsible
2. Services Content
2.1.We reserve the right to change the content of our Services from time to time, at our discretion, with or without notice.
2.2 Some of the Services provided by BClive require payment. For paid-for Services, BClive will give you explicit notice in advance and you may only access such Services if you agree to and pay the relevant charges. If you choose to decline to pay the relevant charges, BClive shall not be bound to provide such paid-for Services to you.
2.3 BClive needs to perform scheduled or unscheduled repairs and maintenance. If such situations cause an interruption of paid-for Services for a reasonable duration, BClive shall not bear any liability to you and/or to any third parties. However, BClive shall provide notice to you as soon as possible.
2.4 BClive 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 you or any third party, if any of the following events occur:
2.4.1 You are under the minimum age in order to receive BClive services;
2.4.3 You fail to make a payment for using paid-for Services.
2.5 In addition to the express representations and warranties set forth in this Agreement, BClive makes no warranty with respect to the subject matter of this Agreement, and BClive hereby disclaims any and all other warranties, whether statutory, express or implied, including ownership, non-infringement, merchantability, fitness for a particular purpose, and any implied warranty arising in the course of transaction or performance with respect to the subject matter.
2.6. User Generated Content.
BClive allows users to distribute streaming live, use services, such as chat, bulletin boards, forum postings, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Services (“User Content”). Users of the Services may also overlay music, graphics, stickers, virtual items and other features provided by BClive (“BClive Features”) onto this User Content and transmit this User Content through the Services. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.
2.7 Help you discover content, products, and services that may interest you.
We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use BClive.
If you are not interested in the content, feel that the content is offensive, or other users have harmful behaviors to themselves, such as abuse, bad content, etc., you can click the report button in the application or contact customer service, or through email email@example.com Contact us, we will try our best to deal with bad behavior or users within 24 hours, and we will take appropriate actions - for example, provide help, delete content, delete or restrict access to certain functions, disable accounts, or contact law enforcement., You can also choose to pull black, click not interested in the content, and no longer receive the other party's information or content.
2.8 Combat harmful conduct and protect and support our community.
We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Services, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement.
2.9 Global access to our Services
To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by WANDA TECHNOLOGY INC and its affiliates.
In order to open an account, you will be asked to provide us with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to BClive upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again, and would like your account deleted, we can take care of this for you. Please contact us via firstname.lastname@example.org, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
5.Use of the Services
Your access to and use of the Services is subject to these terms and all applicable laws and regulations. You agree that you will comply with these terms of Services and BClive’s Community Guidelines and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access BClive accounts of others without permission, forge another person’s identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
iii. defame, harass, abuse, threaten or defraud users of BClive, or collect, or attempt to collect, personal information about users or third parties without their consent;
iv. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services or User Content, features that prevent or restrict use or copying of any content accessible through the Services, features that enforce limitations on the use of the Services or User Content, or delete the copyright or other proprietary rights notices on the Services or User Content;
v. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
vi. modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
vii. interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
viii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Twitch Services;
ix. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
x. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
xi. use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
BClive takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is BClive liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
6. Refund Policy
Unless otherwise required by the applicable law, no refund will be entertained after the virtual items (such as “Diamonds”) has been purchased.
7. Terminating Services
You may terminate BClive Services and this Agreement by revoking your BClive account. You may contact us at: email@example.com
8.1 You shall be fully responsible for any risks involved in using BClive Services. Any use or reliance on BClive Services will be at your own risk
8.2 Under no circumstance does BClive guarantee that the Services will satisfy your requirements, or guarantee that the Services will be uninterrupted. The timeliness, security and accuracy of the Services are also not guaranteed. You acknowledge and agree that the Services is provided by BClive on an “as is” basis. BClive 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. BClive shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Services and shall not be responsible for any consequences which may arise from your use of such Services.
8.3 BClive does not guarantee the accuracy and integrity of any external links that may be accessible by using the Services and/or any external links that have been placed for the convenience of you. BClive shall not be responsible for the content of any linked site or any link contained in a linked site, and BClive shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Services by you. Moreover, BClive shall not bear any responsibility for the content of any web page that you are directed via an external link that is not under the control of BClive .
8.4 BClive 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 BClive . However, as far as possible, BClive shall reasonably attempt to minimize the resulting losses of and impact upon you.
A. BClive Content
As between you and BClive, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “BClive Content”), are either owned or licensed by BClive, it being understood that you or your licensors will own any User Content you upload or transmit through the Services. Use of the BClive Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of Virtual Items and value-added services, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (e.g. , you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the BClive Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. BClive reserves all rights not expressly granted herein in the Services and the BClive Content. You acknowledge and agree that BClive may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any BClive Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items and other elements provided by BClive (“BClive Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes BClive Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes BClive Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., Sound Exchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof, unless privacy setting is applied when you post such content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy, and such disclosure will be pursuant to a legally binding court order.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services”above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content. You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
If you wish to complain about information and materials uploaded by other users, please contact us in BClive APP Feedback in Settings or email to firstname.lastname@example.org Before we can respond to your request, you may be required to verify your identity or your account details.
BClive takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is BClive’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided.
Accordingly, by sending Feedback to us , you agree that:
i. BClive has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
ii. Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way;
iii.And You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
10. Other Terms
10.1 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.
10.2 If any provision of this Agreement is rendered void or unenforceable by competent authorities, in whole or in part, for any reason, the remaining provisions of this Agreement shall remain valid and binding.
10.3 The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement。
11. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of HK.
12. Contact us
12.1 Email: email@example.com
12.2 WebSite: firstname.lastname@example.org
12.3 App: BClive