Terms of Use

YAYA LIVE Terms of Use

YOU MUST OWN ALL RIGHTS TO YOUR CONTENT. YAYA LIVE DOESN’T SUPPORT ANY ILLEGAL CONTENT. YOUR ACCOUNT MAY BE DISABLED IN OUR SOLE DISCRETION IF YOU DO NOT COMPLY WITH THE TERMS OF THIS AGREEMENT.

BY ACCEPTING THIS AGREEMENT OR BY USING THE YAYA LIVE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE YAYA LIVE SERVICE.

We may update this Agreement by posting a revised version on our website.

By continuing to use our Services, you accept any revised Agreement.

This Agreement includes the following Sections:

The Services

Content Requirements and Usage Rules

Service Rules

Paid Services

Termination

Licenses Granted by You

Indemnification

Limitation of Liability

This Agreement was last updated on January 15, 2020. It is effective between you and YAYA LIVE as of the date you accept this Agreement (the “Effective Date”).

THE SERVICES

Eligibility

This is a contract between you and YAYA LIVE. You must read and agree to these terms before using the YAYA LIVE. If you do not agree, you may not use the YAYA LIVE Service. If you are accepting this Agreement and using the YAYA LIVE Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the YAYA LIVE Service only if you can form a binding contract with YAYA LIVE, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.

Age Requirements

You must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian and have that person read this Agreement with you and consent to it before proceeding to make a purchase.

Accounts

Your YAYA LIVE account gives you and your Authorized Users, if any, access to the YAYA LIVE Service. We may maintain different types of accounts for different types of Users, and these different accounts may have different functionalities available to them. You may never use another User’s account. You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials.

CONTENT REQUIREMENTS AND USAGE RULES

1) The Content described in this Agreement refers to any content created, uploaded, copied, published and distributed by you, including but not limited to registration information and verification details such as account avatar, name, personal description, or text, audio, pictures, videos, graphics that are sent, replied or auto- reply messages and related link pages, and other content generated while using the software.

2) You are not allowed to use this Software to produce, upload, copy and send the following Content or conduct the following behavior:

• That threatens national security, leaks state secrets, subverts state power, damages state unity;

• That damages national honor and profit;

• That incites national hatred, discrimination and damages national unity;

• That damages national religion policies, promotes cult and feudal superstition;

• That spreads rumors, disturbs public order and damages social stability;

• That spreads obscene, pornographic content containing sexual or sexually suggestive content;

• That spreads gambling, violence, murder, terror or abetment;

• That insults or defames others, violates others legal rights or fraudulent;

• That contains insulting, intimidating, or threatening content;

• That contains harassment, spam, malicious or phishing information

• That disclosing or involving the privacy of others, personal information or details; • That infringes on the legal rights of other people's reputation, portrait rights, intellectual property rights, trade secrets, etc.;

• That harms the interests of minors in any way;

• That stalks or otherwise harasses other users;

• That contains false information, or steals other people's avatars or details, posts or uses others' identity;

• That enforces, induces other users to follow, click on the link page or share information;

• That fabricates facts, conceals truths to mislead or deceive others;

• That contains advertising or sales-oriented information;

• That uses technical means to build multiple fake accounts;

• That deletes the copyright information on this software and its copy;

• That do reverse engineering, reverse compilation, de-compilation, or attempt to discover the source code of the software;

• That uses, rents, lends, copies modifies, links, reproduces, compiles, issues, publishes or creates mirror sites with contents that contains intellectual property rights of this company; • That copies, modifies, adds, deletes, hooks, or creates any data released by us or necessary for the software, or derivatives;

• That adds, deletes, changes the function of the software, or operates or transmits the software to the public by modifying or falsifying the instructions and data in the software, whether or not for commercial purpose;

• That Log in or uses the software through third-party software, hacking,_plug-ins or systems that are not developed or authorized by us, or create, publish, or distribute third-party software, plug-ins, hackings, and systems that are not developed or authorized by the company;

• That is or could reasonably be viewed as offensive, indecent or objectionable;

• Other Contents or behaviors that in violation of laws and regulations, such as regulatory. documents and policies (including jurisdiction where you reside, the Software operates, runs), or infringe lawful rights and interests of other third parties, interfere with the normal operation of the software.

3) Any Contents produced, uploaded, copied and sent by you has nothing to do with us and doesn't reflect or represent our opinion, standpoint, policy. We shall not be liable in any way for any Content uploaded, distributed, copied, published by you, or behavior conducted by you.

4) You are solely responsible for the authenticity, legality, accuracy, validity of the information transmitted, produced, uploaded, copied, published, disseminated by you, and behaviors conducted, and performed by you. Any liability is at your own risk and has nothing to do with the software. If any damage is caused to us or third parties due to your behavior, you shall compensate losses of us or third parties, and we have the right to pursue your liability in accordance with this agreement. 5. Third Party Products and Services

SERVICE RULES

YAYA LIVE takes no responsibility and assumes no liability for any Content that you or any other User or third party posts, sends, or otherwise makes available over the YAYA LIVE Service. You shall be solely responsible for the Content you originate and the consequences of posting, publishing it, sharing it, or otherwise making it available on the YAYA LIVE Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of Content originated by you. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that YAYA LIVE shall not be liable for any damages you allege to incur as a result of or relating to any Content that is not originated by YAYA LIVE.

You are solely responsible for your interactions with End Users. We reserve the right, but have no obligation, to monitor disputes between you and End Users. YAYA LIVE shall have no liability for your interactions with End Users, or for any User’s action or inaction.

YAYA LIVE may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. YAYA LIVE may take all appropriate actions to enforce its rights including removing specific videos or suspending or permanently removing your account.

You hereby acknowledge that the terms of service for each of the Media Platforms you create using the YAYA LIVE Service is solely between you and the End User and conforms to applicable law, and YAYA LIVE shall not be responsible for, and shall not have any liability whatsoever under, any terms of service or any breach by you or any End User of any of the terms and conditions of any such End User agreement.

PAID SERVICES

Paid Services

Subject to the terms of this Agreement, an Order Form, and payment of applicable fees stated therein, YAYA LIVE hereby grants to you, during the term of this Agreement, a non-exclusive, non-transferable, non-sublicensable right to use the YAYA LIVE Service, for your

internal business purposes solely as necessary to develop, maintain and support the Authorized Products; and

access and use the YAYA LIVE Service solely as necessary to distribute and support the applicable Content you provide to YAYA LIVE to make available to the appropriate End Users of the Content. YAYA LIVE reserves all rights not expressly granted herein in the YAYA LIVE Service.

TERMINATION

Terms and Termination

This Agreement commences on the Effective Date and remains in effect for the initial term, as set forth in an Order Form. Unless earlier terminated as set forth below, this Agreement shall be automatically renewed for consecutive terms equal in length to the initial term unless either party provides written notice to the other of its intention not to renew thirty (30) days prior to the expiration of the then-current term.

Termination for Cause

YAYA LIVE may terminate this Agreement immediately upon breach of the Confidentiality or Proprietary Rights sections of this Agreement.

We reserve the right to modify, suspend or terminate the YAYA LIVE Service (or any part thereof), your right or your Authorized Users’ rights, or End Users’ rights to access and use the YAYA LIVE Service, and remove, disable and discard any Content if we believe that you, your Authorized Users, or End Users have violated this Agreement. This includes the removal or disablement of Content in accordance with our Copyright Policy. Unless legally prohibited from doing so, we will use commercially reasonable efforts to contact you directly via email to the email associated with your account to notify you when taking any of the foregoing actions. We shall not be liable to you, your Authorized Users, End Users or any other third party for any such modification, suspension or discontinuation of your rights to access and use the YAYA LIVE Service. Any suspected fraudulent, abusive, or illegal activity by you, Authorized Users or End Users may be referred to law enforcement authorities at our sole discretion.

Effect of Termination

Upon termination or expiration of this Agreement for any reason:

all rights and obligations of both parties, including all licenses granted hereunder, shall immediately terminate; and

within ten (10) days after the effective date of termination, YAYA LIVE shall discontinue all use of the Content you originated on the YAYA LIVE Service and may destroy all copies of the same in our possession.

The sections intended to survive termination of this Agreement shall survive, including but not limited to the sections and subsections titled Definitions, DevHours and Related Transactions, Limitations, Warranties and Disclaimers, Limitation of Liability, Confidentiality, Indemnification, Effect of Termination, and Miscellaneous.

Licenses Granted by You

Account Profile

You grant YAYA LIVE permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account.