Broadcast-Anchor Agreement
1. Special Notices
1.1 This Bmiss LIVE Anchor Agreement (hereinafter referred to as the "Agreement") governs your use of our live-streaming service, through which you may broadcast live on Bmiss LIVE (hereinafter referred to as the "Live Service"). The parties are you, on one side, and Bmiss Technology Limited (hereinafter referred to as "we" or "Bmiss LIVE"), a company registered at Room 08, 15/F, Smart Commercial Building, 1A-1L Tung Choi Street, Kowloon, Hong Kong, on the other side. For the purposes of this Agreement, you and Bmiss LIVE shall collectively be referred to as the "Parties" and individually as a "Party."
1.2 In using our Live Service, you are considered our supplier and must comply with all applicable laws and regulations as well as the Bmiss LIVE Community Guidelines, which may be updated from time to time at our sole discretion. Continued performance as an anchor indicates your agreement to be bound by the revised Agreement.
1.3 You may become our anchor only if you are 18 years of age or older and are not legally prohibited from entering into the terms of this Agreement under the applicable laws and regulations of your country. You shall not falsely claim to have met the minimum age requirement.
1.4 These terms should be read in conjunction with the Bmiss LIVE User Agreement. Unless otherwise specified, all capitalized terms shall have the same meanings as defined in the Bmiss LIVE User Agreement.
2. Terms of Use
2.1 You are responsible for the accuracy of the information provided to Bmiss LIVE and shall verify the accuracy of such information upon Bmiss LIVE's request.
2.2 You shall not create a Bmiss LIVE account for others or permit others to use your Bmiss LIVE account. If you discover any unauthorized use of your account by others, you shall immediately notify Bmiss LIVE.
2.3 In consideration of our Live Service, you agree that Bmiss LIVE has the right to place advertisements or other types of commercial information, including the Bmiss LIVE logo, within the live streaming room.
2.4 When using our Live Service, you must comply with all applicable laws and regulations as well as the Bmiss LIVE Community Guidelines, which may be updated from time to time at our sole discretion.
2.5 You may only share information that you are willing to share with the public. You shall not distribute through Bmiss LIVE any content that may be considered:
2.5.1 Pornographic, obscene, or indecent, or any adult content containing any form of child exploitation;
2.5.2 Excessively violent, including any content related to death or severe injury;
2.5.3 Depicting, encouraging, or assisting suicide or self-harm;
2.5.4 Rumors, false, or misleading information;
2.5.5 Hate speech or behavior, including any content promoting racism, terrorism, ageism, or sexism;
2.5.6 Blasphemous, profane, or any content related to or concerning religion;
2.5.7 Related to gambling, abortion, weapons, or other highly sensitive topics;
2.5.8 Harassing, defamatory, or otherwise harassing individuals or groups;
2.5.9 Spam, advertisements, or other unsolicited promotions;
2.5.10 Other content deemed by Bmiss LIVE as negative or unsuitable for distribution.
2.6 You shall not impersonate any other individual, entity, government agency, or organization.
2.7 You shall not publish or distribute private information of others without explicit authorization and permission.
2.8 You acknowledge, declare, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish or distribute any copyrighted or proprietary works. You shall be solely responsible for obtaining such licenses, rights, consents, and permissions.
2.9 You shall not publish or link to any malicious code, phishing websites, or other content that may threaten internet security.
2.10 Bmiss LIVE has the right to review and monitor your live streams on Bmiss LIVE. Bmiss LIVE will evaluate your performance and grant rewards based on various factors, including streaming time, compliance issues, and virtual gifts received. Bmiss LIVE has the right to comment on performance content and provide suggestions, and you agree to make corresponding adjustments within three days.
2.11 If Bmiss LIVE reasonably believes, at its sole discretion, that you have violated the Bmiss LIVE Live Streaming Agreement, Bmiss LIVE may freeze, suspend, deactivate, ban, or revoke your account. You understand that any virtual gifts associated with your account will also be frozen, suspended, deactivated, banned, or revoked.
2.12 If Bmiss LIVE discovers or reasonably suspects that any of your virtual gifts were obtained fraudulently or illegally, or are in an abnormal state, Bmiss LIVE may freeze, suspend, deactivate, ban, or revoke such virtual gifts.
2.13 If your account is frozen, suspended, deactivated, banned, or revoked, you shall not create a second account or request others to create a second account on your behalf.
2.14 If you violate any of these Terms of Use, you shall be liable for and shall indemnify Bmiss LIVE against any claims from third parties arising from your violation.
3. Intellectual Property
3.1 All text, data, images, graphics, audio and/or video information, and other materials provided by Bmiss LIVE as part of the Live Service are the property of Bmiss LIVE and are protected by copyright, trademark, and/or other proprietary laws. Nothing in this Agreement shall be construed as granting you any intellectual property license for such materials.
3.2 By using and/or uploading any live-stream content or other content to the publicly accessible areas of the Bmiss LIVE website through the Live Service, you grant Bmiss LIVE and its sublicensees a free, perpetual, irrevocable, non-exclusive, and fully transferable right and license, without any geographical or time limitations, and without any approval and/or compensation, to use, copy, modify, adapt, publish, translate, edit, dispose of, create derivative works from, distribute, perform, and publicly display such content (in whole or in part), and/or incorporate such content into existing or future works, media, or technologies.
4. Disclaimer
4.1 You assume full responsibility for any risks associated with the use of the Live Service. Any use of or reliance on the Live Service is at your own risk.
4.2 In no event shall Bmiss LIVE guarantee that the Live Service will meet your requirements or that the Live Service will be uninterrupted. The timeliness, security, and accuracy of the Live Service cannot be guaranteed. You acknowledge and agree that the Live Service is provided by Bmiss LIVE on an "as is" basis. Bmiss LIVE makes no express or implied representations or warranties regarding the operation or provision of the Live Service or any part thereof. Bmiss LIVE assumes no responsibility of any form for the quality, timeliness, accuracy, or completeness of the Live Service, nor for any consequences arising from your use of the Live Service.
4.3 Bmiss LIVE does not guarantee the accuracy or legality of any external links accessed through the Live Service and provided for your reference only. Bmiss LIVE is not responsible for the content of any linked sites or any links contained in linked sites, and Bmiss LIVE shall not be liable for any loss or damage, whether direct or indirect, incurred as a result of your use of the service. Furthermore, Bmiss LIVE assumes no responsibility for the content of any web pages you are directed to via external links not under the control of Bmiss LIVE.
4.4 Bmiss LIVE shall not be liable for any service interruptions or other deficiencies caused by force majeure or other circumstances beyond Bmiss LIVE's control. However, to the extent possible, Bmiss LIVE will make reasonable efforts to minimize losses and impacts on you.
5. Governing Law and Jurisdiction
5.1 This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of law principles. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration at the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force at the time, which are deemed to be incorporated by reference into this clause. The seat of arbitration shall be Hong Kong. The language of the arbitration shall be English.
6. Miscellaneous
6.1 Except as otherwise provided in this Agreement, this Agreement does not grant any other rights to the Parties.
6.2 If any provision of this Agreement is deemed invalid or unenforceable in whole or in part by a competent authority for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
6.3 The headings in this Agreement are for convenience only and shall not be considered in the interpretation of this Agreement.