Kako LIVE User Agreement

Last updated: January, 2024

1.Special Notices

This Kako Live User Agreement (this “Agreement”) governs your usage of our services, (hereinafter, “Services”) including Kako Live App and  www.kako.live. You are one party and the other party is Kako Live or one of its affiliates (“we” or “Kako Live”). For the purposes of this Agreement, you and Kako Live will be jointly referred to as the “Parties” and respectively as a “Party”.

When using the Services, you will be subject to Kako Live’s Privacy Policy, Host Agreement and you be subject to additional guidelines or rules that are posted on the Services or made available to you, or applicable to specific services and features that are disclosed to you in connection with such services. We may also offer certain paid services, which are subject to any additional terms or conditions that are disclosed to you in connection with such services.

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.

The Services are not for use by anyone under the age of 18. To use the Services, you agree that:

(1) you must be the "Minimum Age"(described below) or older; and
(2) you are not already restricted by Kako Live from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.

“Minimum Age” means 18 years old. However, if law in your jurisdiction requires that you must be older than Minimum Age in order for Kako Live to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

You shall be solely responsible for the safekeeping of your Kako Live account and password. All behaviors and activities conducted through your Kako Live account will be deemed as your behaviors and activities for which you shall be solely responsible.

We do not accept payments or do business with individuals or entities in Cuba, Iran, North Korea, Sudan, Syria, and the Crimean region. If you are from such regions, you may be prohibited from using the Services.

2.Services Content

Our mission is to give people the power to build community, connect the world and share their beautiful moments. To help advance this mission with a vision to be a content platform inspiring one billion people's lives, we provide the services described below to you:

i. User Generated Content.
Kako Live 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 Kako Live (“Kako Live 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.

ii. 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 Kako Live.

iii. 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.

iv. 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 Kako Live and its affiliates.

3.Account

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 Kako Live upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.

We may permit you to register for and log on to the Services via certain third party services. The third party’s collection, use and disclosure of your information will be subject to that third party service’s privacy policy. Further information about how Kako Live collects, uses and discloses your personal information when you link your Kako Live account and with your account on any third party service can be found in our Privacy Policy.

In order to facilitate consistent Service, you fully understand and agree that Kako Live will use a unified account system. If you have registered accounts for both Kako Live, we may choose to partially or fully link and display their shared product information. Your generated content and virtual items will also be shared between the two accounts. However, we do not guarantee that both accounts will receive identical Service.

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, please contact us via feedback@kako.live, 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. Learn more about your right to erasure and deletion of your personal information in our Privacy Policy.

4.Privacy

Your privacy is important to Kako Live. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Services.

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 Kako Live’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 Kako Live 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 Kako Live, 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.

Kako Live takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Kako Live 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.

Kako Live is not liable for any statements or representations included in User Content. Kako Live does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Kako Live expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Kako Live reserves the right to remove, screen or edit any User Content posted or stored on the Services at any time and without notice, including where such User Content violates these terms of Use of the Services or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates these terms of Use of the Services and may result in, among other things, termination or suspension of your rights to use the Services.

6.Virtual Items

You can only buy virtual coins (“Coins”) and virtual gifts (Gifts), send Gifts to others, receive Gifts with monetary value, earn virtual beans (“Beans”) and withdraw Beans if you are aged 18 (or age of majority in your jurisdiction) or older.

The price of the Coins will be displayed at the point of purchase. All charges and payments for Coins will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider.

You will be responsible for the payment of any Coins purchased by you. Once your purchase has been completed, your user account will be credited with Coins. Coins can be used to purchase Gifts. Coins cannot be exchanged for cash, or legal tender, or currency of any state, region, or any political entity, or any other form of credit. Coins can only be used on Kako Live and as part of our Services, and cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except those designated by us.

Except as otherwise set out in this Agreement, all sales of Coins and Gifts are final, and we do not offer refunds for any purchased Coins and Gifts. Coins and Gifts cannot be converted into or exchanged for cash, or be refunded or reimbursed by us for any reason.

7.Payment Terms

We accept major credit cards, certain debit cards and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize us, or our designated payment processor, to charge the account you specify for the purchase amount.

Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and date of birth) for the purpose of making payment through its financial institutions and complying with applicable international, national, federal, state, and local laws and regulations. They may also communicate directly with you regarding any issues with a payment.

If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact customer support via the email address made available to you in connection with the purchase. For purchases on the Service, you may contact feedback@kako.live.

8.Intellectual Property Rights

All text, data, images, graphics, audio and/or video information and other materials within the Services provided by Kako Live are property of Kako 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 Kako Live to you.

By using and/or uploading any live stream content or other content through a Kako Live Services to publicly accessible areas of Kako Live website, you grant to Kako Live and its sub-licensees 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.

9.Terminating Services

To the fullest extent permitted by applicable law, Kako Live reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to post User Content), and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use of the Services violates this Agreement or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these terms of Services, (iii) any policy or practice of Kako Live in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.

10.Disclaimers

You shall be fully responsible for any risks involved in using Kako Live Services. Any use or reliance on Kako Live Services will be at your own risk.

Under no circumstance does Kako Live 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 Kako Live on an “as is” basis. Kako 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. Kako 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 your use of such Services.

Kako 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 you. Kako Live shall not be responsible for the content of any linked site or any link contained in a linked site, and Kako 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 you. Moreover, Kako Live shall not bear any responsibility for the content of any webpage that you are directed via an external link that is not under the control of Kako Live.

Kako 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 Kako Live. However, as far as possible, Kako Live shall reasonably attempt to minimize the resulting losses of and impact upon you.

11.Request for information

All requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from any Kako Live Services must be made using the appropriate level of legal process, and must be properly served on Kako Live.

12.Modification of the Agreement

We amend these terms of the Agreement from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these terms, such as through a notice on Kako Live platform. However, you should look at the Agreement regularly to check for such changes. Your continued access or use of the Services after the date of the new terms constitutes your acceptance of the new terms. If you do not agree to the new terms, you must stop accessing or using the Services.

13.Other Terms

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.

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.

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