NiMO TV

Terms of Use

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NIMO TV TERMS OF USE   Last Modified: April 25, 2019   Section 1. Introduction. Your Agreement to these Terms of Use PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by HUYA PTE. LTD. (with its affiliates, “Huya”) consisting of the gaming-focused streaming website available at http://www.nimo.tv, and its network of websites, software applications, or any other products or services offered by Huya (the “ Nimo TV Services ”). Other services offered by Huya may be subject to separate terms.   When using the Nimo TV Services, the User shall be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted online by NIMO TV from time to time (the “Guidelines”). NIMO TV may also offer certain paid services, which are subject to certain additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines are incorporated into these terms of use by reference.   By using the Nimo TV Services or by clicking to accept or agree to the terms of use when this option is made available to you, you accept and agree to be bound and abide by these terms of use and our privacy policy incorporated herein by reference. If you do not want to agree to these terms of use or the privacy policy, you must not access or use the Nimo TV Services.   If you access or use the Nimo TV Services, whether you click to accept or not, you agree to all of the various terms in these terms of use. If you do not understand all of these terms of use, you should seek for legal opinions before agreeing to any of the terms of use.   You understand and acknowledge that when using the Nimo TV Services, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.   You further understand and acknowledge that you may be exposed to content that is inaccurate, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Nimo TV Services with respect thereto, and agree to indemnify and hold the Nimo TV Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Nimo TV Services.   Section 2. Ability to Accept Terms of Use YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN THE JURISDICTION YOU ARE ACCESSING THE NIMO TV SERVICES FROM, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS OF USE, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF USE. IF YOU ARE UNDER 18 OR THE APPLICABLE AGE OF MAJORITY, YOU MAY ONLY USE THE NIMO TV SERVICES UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF USE.   Section 3. Paid Services Some of the Nimo TV Services provided by us require payment ("Paid Services"). When you use such Paid Services, you will be required to pay the relevant charges to us. We will notify you in advance in the event any Nimo TV Service that will or may be used by you in accordance with these terms of use will be a Paid Service. Access to a Paid Services is conditional upon you confirming your agreement to, and payment of, the relevant charges for such Paid Services. For avoidance of doubt, we shall be under no obligation to provide any Paid Services to you if you do not pay the charges for the same.   Paid Services can be purchased by credit cards, and when available, by debit cards, and are processed through our third-party Internet payment service providers. By purchasing any Paid Services through the Nimo TV Services, you hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. IF YOU CANNOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY SERVICE. Purchases are payable in advance. We offer different packages you can choose from. We reserve the right to change service prices at any time, at our sole discretion and without liability to you. Any purchased Paid Service will not be available in your account in the event that your account is deleted by you or otherwise terminated in accordance with these terms of use.   PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. We reserve the right (but not the obligation), at our sole discretion, to refund the purchased amount if there is a technical error to the purchased service.   Section 4. Assessing the Nimo TV Services, Account and Security If you interact with us or with third-party service providers, and you provide information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services. If you use the Nimo TV Services over mobile devices, you understand and acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.   In order to open an account, you will be asked to provide us with certain information such as a mobile number and password.   Nimo TV Services may permit you to register for and log on to the Nimo TV 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 we collect, use and disclose your personal information when you link your Nimo TV account with your account on any third party service can be found in our privacy policy.   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. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Nimo TV Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by contacting us at: feedback_EN@nimo.tv. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although the Nimo TV Services will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Nimo TV Services or others due to such unauthorized use.   We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these terms of use.   You acknowledge that we reserve the right to charge fees for Nimo TV Services in our complete and sole discretion.   Section 5. Respecting Copyright Huya respects the intellectual property of others and follows the requirements set forth in the relevant applicable laws. If you are a copyright owner or agent thereof and believe that content posted on the Nimo TV Services infringes upon your copyright, please submit a notice to us.   Section 6. Trademark and License We and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Nimo TV Services, such as trademarks, service marks, names or logos associated with third party content creators, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.   The websites and certain materials available on or through the Nimo TV Services are content we own, authored, created, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and Nimo TV Services.   Unless otherwise expressly stated in writing by Nimo TV Services, by agreeing to these terms of use you are granted a limited, revocable, non-sublicensable, and non-exclusive license (i.e. a personal and limited right) to access and use the Nimo TV Services for your personal use or internal business use only. You are prohibited from copying, displaying, downloading, modifying, reproducing, adapting, translating, decompiling, reverse engineering, disassembling, attempting to derive source code from, or creating any derivative works of any Works, or directly or indirectly published, performed, rewritten or republished any Works without prior written consent from us.   The above described license is conditioned on your compliance with these terms of use. If you breach any provision of these terms of use, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some content made available on the Nimo TV Services may be controlled by digital rights management technologies, which will restrict how you may use the content. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology.   Section 7. User Generated Content We allows users to distribute streaming live and pre-recorded audio-visual works, to 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 Nimo TV Services (“User Generated Content/UGC”).   Unless otherwise agreed to in a written agreement between you and Huya that was signed by an authorized representative of Huya, by broadcasting, publishing, posting, displaying, submitting and/or uploading any of its UGC in connection with the Nimo TV Services, you grant to NIMO TV 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 UGC (in whole or in part), and/or incorporate such UGC into existing or future forms of work, media or technology.   With respect to streaming live and pre-recorded audio-visual works, the rights granted by you terminate once you delete such UGC from Nimo TV Services, or generally by closing your account, except (a) we used it for promotional purposes. and (b) for the reasonable time it takes to remove from backup and other systems.   You shall be solely responsible for your UGC and the consequences of streaming, posting, uploading, publishing, transmitting or otherwise making available your UGC on the Nimo TV Services. You understand and acknowledge that you are responsible for any UGC you submit or contribute, and you, not us, have full responsibility for such UGC, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any UGC made available by you or any other user of Nimo TV. We do not control UGC you provide or contribute and we do not make any guarantee whatsoever related to UGC submitted or contributed by users. Although we sometimes review UGC provided or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to UGC provided or contributed by users.   You further agree that UGC you provide to the Nimo TV Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to provide the material and to grant to the Nimo TV Services all of the license rights granted herein.   Nimo TV Services do not endorse any UGC on it by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Nimo TV Services expressly disclaims any and all liability in connection with UGC.   Section 8. Idea Submission By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Huya or Nimo TV Services or its employees, you acknowledge and agree that Huya or Nimo TV Services shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.   Section 9. Prohibited Conduct You agree that you will only use the Nimo TV Services for the lawful purposes expressly permitted and contemplated by these terms of use. You may not use the Nimo TV Services for any other purposes, including commercial purposes, without our express written consent.   You agree that you will view the Nimo TV Services and its content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying the Nimo TV Services or eliminating any of the content of the Nimo TV Services.   You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with the functioning of the Nimo TV Services or use and/or monitor any information in or related to the Nimo TV Services for any unauthorized purpose. Specifically, you agree not to use the Nimo TV Services to:   <ul> <li>violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;</li> </ul>   <ul> <li>post any content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority);</li> </ul>   <ul> <li>post any content that contains falsehoods or misrepresentations that could damage the Nimo TV Services or any third party;</li> </ul>   <ul> <li>post any content that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;</li> </ul>   <ul> <li>post any content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;</li> </ul>   <ul> <li>post any content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;</li> </ul>   <ul> <li>deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;</li> </ul>   <ul> <li>exceed your authorized access to any portion of the Nimo TV Services;</li> </ul>   <ul> <li>collect or store personal data about anyone;</li> </ul>   <ul> <li>obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Nimo TV Services;</li> </ul>   <ul> <li>exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;</li> </ul>   <ul> <li>use any robot, spider or other automatic device, process or means to access the Nimo TV Services for any purpose, including monitoring or copying any of the material on the Nimo TV Services without our prior written consent;</li> </ul>   <ul> <li>use any manual process to monitor or copy any of the material on the Nimo TV Services or for any other unauthorized purpose without our prior written consent;</li> </ul>   <ul> <li>introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program or material which is malicious or technologically harmful or that may damage the operation of another’s property or of the Nimo TV Services. or</li> </ul>   <ul> <li>remove any copyright or other proprietary notices from Nimo TV Services or any of the materials contained therein.</li> </ul>   Section 10. Content Review and Termination We have the right to:   <ul> <li>remove any UGC you provide or contribute to the Nimo TV Services for any or no reason in our sole discretion;</li> </ul>   <ul> <li>take any action with respect to any UGC provided by you that we deem necessary or appropriate in our sole discretion, including if we believe that such UGC violates these terms of use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Nimo TV Services or the public or could create liability for us;</li> </ul>   <ul> <li>take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Nimo TV Services;</li> </ul>   <ul> <li>terminate or suspend your access to all or part of the Nimo TV Services for any or no reason, including without limitation, any violation of these terms of use.</li> </ul>   Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing any UGC on or through the Nimo TV Services.   To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, the Nimo TV Services may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any UGC posted by you, and we may, in our sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of the Nimo TV Services in an appropriate manner. Without limitation, we may do so to address UGC that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these terms of use or any applicable additional terms.   However, we do not undertake to review UGC before it is posted on the Nimo TV Services, and cannot ensure prompt removal of objectionable UGC after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or UGC provided by any user or third party.   Section 11. Modification Huya may amend any of the terms of these terms of use by posting the terms. Your continued use of the Nimo TV Services after the effective date (as shown in the last modified date) of the revised terms of use constitutes your acceptance of the terms.   Section 12. Indemnification To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Nimo TV Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Nimo TV Services. (ii) your violation of any term of these terms of use. (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. or (iv) any claim that your UGC caused damage to a third party. This defense and indemnification obligation will survive these terms of use and your use of the Nimo TV Services. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.   Section 13. Disclaimers You use the Nimo TV Services at your sole risk. We provide the Nimo TV Services "as is" and "as available". To the fullest extent permitted by law, Nimo TV Services, their site operator and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to the Nimo TV Services and goods or services purchased and obtained through the Nimo TV Services, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the Nimo TV Services.   We make no warranty or representation about the accuracy or completeness of Nimo TV Services’ content or the content of any sites linked to Nimo TV Services or that the Nimo TV Services will meet your requirements and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the websites or our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Nimo TV Services or our services by any third party, and/or (v) any errors or omissions in any UGC or for any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available via the Nimo TV Services or our services. and (vi) disputes between you and another user of the Nimo TV Services.&nbsp.     Section 14. Limitation of Liability NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HUYA’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.   IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF USE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS.   YOU SPECIFICALLY ACKNOWLEDGE THAT THE NIMO TV SERVICES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.   THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.   Section 15. Limitation on Time to File Claims REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE NIMO TV SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.   Section 16. Choice of Law and Disputes Resolution These terms of shall be governed by and construed in accordance with the laws of Singapore, without regard to choice of law principles. Should a dispute arise between the parties in connection with these terms of use, 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 dispute shall be submitted to Singapore International Arbitration Center in accordance with its arbitration rules in force at the time of applying for arbitration. The seat of arbitration shall be Singapore. The arbitration shall be resolved by a sole arbitrator. The language of arbitration shall be English. The arbitral award shall be final and binding on both parties.   Without prejudice to any rules of confidentiality or equivalent in the applicable arbitration rules, 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.   Section 17. Miscellaneous If we fail to exercise or enforce any right or provision of these terms of use, it will not constitute a waiver of such right or provision. Any waiver of any provision of these terms of use will be effective only if in writing and signed by the relevant party.   If any provision of these terms of use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these terms of use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.   These terms of use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Huya without restriction. Any assignment attempted to be made in violation of this terms of use shall be void.   Upon termination of these terms of use, any provision which, by its nature or express terms should survive, will survive such termination or expiration.   The terms of use, our privacy policy and any documents that expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to the Nimo TV Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Nimo TV Services.   The headings in these terms of use are for convenience only and have no legal or contractual effect.   No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms of use.   We may terminate these terms of use for any or no reason at any time by notifying you through a notice on the Nimo TV Services, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the terms of use, you will no longer have a right to access your account or your UGC. We will not have any obligation to assist you in migrating your data or your UGC and we may not keep any back up of any of your UGC. We will not be not responsible for deleting your UGC. Note that, even if your UGC is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your UGC), and subject to the licenses set forth in these terms of use.   The Nimo TV Services are operated by HUYA PTE. LTD., 10 Anson Road, #13-15 International Plaza, Singapore, 079903.   If you have any feedback, comments, requests for technical support relating to the Nimo TV Services, please send to feedback_EN@nimo.tv.