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Terms & Conditions

Uplive USA

 

We hereby advise you to carefully read and understand this Terms of Services (hereinafter referred to as “Agreement”) before registering for our Services.

 

In order to clarify rights and obligations of all parties, and protect the legitimate rights and interests of all parties, this agreement is specially formulated. The contents highlighted in bold underline in this Agreement are specifically reminded of your attention. Please ensure that you fully understand the terms of this Agreement. You are not authorized to register, log in or use our Services or Software (hereinafter referred to as Services, Software) unless you accept all the terms of this Agreement. Your registration, login, usage, etc. will be deemed as acceptance of this Agreement and that you agree to be bound by the terms of this Agreement.

We reserve the right, at our discretion, to change, modify, add, or remove portions of the Agreement, supplementary Agreements, Privacy Policy, regulative provisions or feature terms at any time by posting the amended version on our Software or within the Services without prior notice. If you do not agree to these terms or any future amended version, then you must not access, use our Services. Otherwise, your access, use of our Services shall be deemed to agree any future updated version of them.

 

1. Account

1) In order to use our Services, we may ask you to create an Account or allocate an Account (hereinafter referred to as Account ) to you. We can modify how your account is registered, and logged in if necessary without prior notice. If you associate your Account with your mobile number, you agree to authorize us and telecom operator to use your mobile number if applicable, and you guarantee to comply with the relevant regulations of the telecom operator.

2) Once you have an account of this Software, you are deemed to authorize us to create, allocate accounts of other software operated by us according to our actual running situation.

3) You can access, use some features of our Service only if you give us your location information. You have to provide, authorize us your GPS location if you want to access, use some features of our Service. In the event that you do not want to provide your location information, you can terminate corresponding authorization.

4) The ownership of the Account belongs to us and you only have the right to use the Account. You are forbidden to donate, borrow, rent, transfer or sell the Account.

5) You are responsible for maintaining the security of your Account. If you Account encounter hacking or password theft due to your improper handling, you shall hold full responsibility for. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account. If you become aware of any actual or suspected unauthorized use of your Account or Account password, please tell us immediately. You agree not to use other users' accounts or passwords under any circumstances.

6) You shall abide by the terms of this Agreement and use the Software correctly and appropriately. If you violate any of the terms in this Agreement, we reserve the right to discontinue or terminate the Service to you.

7) If no activity is conducted by you in relation to the Account for one year, we have the right to delete or take back the account without prior notice to avoid wasting resources, and you shall take all the risks. Meanwhile, we reserve the right to delete or take back your Account and user name at any time at our sole discretion.

 

2. Service Scope

1) The specific Service of this Software is provided according to the actual situation, including but not limited to allowing you to live stream, watch live streams, purchase or send virtual gifts. We can modify the Services provided at any time without prior notice to you at our sole discretion.

2) You understand and agree that we are entitled to send you promotional or other relevant business information, notices via email, client, push messages, SMS, webpage or other legal means for commercial purposes. Due to the unique nature of the mobile phone network, we have the right to access your mobile phone information.

 

3. User Information Protection

1) In the process of registering your Account or using the Service, you may be required to fill in or submit certain necessary information, such as the identity information required by laws, regulations, and regulatory documents (hereinafter referred as to “Laws and Regulations”). If the information you submit is incomplete, inaccurate or does not comply with the Laws and Regulations, you may be unable, restricted to use our Service.

2) User information includes private information and non-private information. Private information refers to information that can be used to identify the user, including your legal name, ID number, and mobile phone number; Non-private information refers to the general information such as your performance data, information excluding private information and the above-mentioned private information that you agreed to disclose publicly.

3) In order to provide Services and improve quality of this Software, our techniques, we may collect or use your information or disclose it to third parties. For more details, please read our “Privacy Policy” carefully.

4) As our Service is based on your geographical location, you acknowledge that the geographical location is considered as non-private information. You agree to authorize us to get, use your geographic location information to provide Services provided that you access, use our Service and your geographical location information shall be open to other users as your public information . If you wish to terminate the authorization, the device setting can be changed by yourself.

 

4.   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:

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

l  That damages national honor and profit;

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

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

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

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

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

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

l  That contains insulting, intimidating, or threatening content;

l  That contains harassment, spam, malicious or phishing information;

l  That disclosing or involving the privacy of others, personal information or details;

l  That infringes on the legal rights of other people's reputation, portrait rights, intellectual property rights, trade secrets, etc.;

l  That harms the interests of minors in any way;

l  That stalks or otherwise harasses other users;

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

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

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

l  That contains advertising or sales-oriented information;

l  That uses technical means to build multiple fake accounts;

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

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

l  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;

l  That copies, modifies, adds, deletes, hooks, or creates any data released by us or necessary for the software, or derivatives;

l  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;

l  That Loges 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;

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

l  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

1) The Service may contain advertisements and promotions offered by third parties and you agree to display those advertisements and promotions during the course of using the Service. Unless otherwise expressly regulated by laws and regulations, you should be responsible for transactions in accordance with the advertising information, and losses in relation to the transaction. We are not liable for any responsibility, losses arising from the aforesaid transactions.

2) If you choose to use services, products provided by third party that displayed, linked on our Software, you shall comply with third party’s agreement, policy in regard with you behavior. We cannot guarantee the security, accuracy, validity of third party’s service and we are not responsible or liable for losses incurred by you arising from services, products, behavior of third party.

 

6.   Virtual Currency

1) You are able to purchase “virtual items,” as known as virtual diamond (change of virtual items name does not affect the validity of this agreement) with “real world” money. Unless otherwise specified, virtual items can only be used in the Software and holds no purchasing power in scenarios other than the Software.

2) Virtual items can be used to purchase value-added Services of the Software, such as rewarding hosts, playing games, etc. Specific price information, exchange rate, and usage policy will be determined by us in our sole discretion and displayed on our service interface. Unless otherwise provided hereof, virtual items may not be used for any other purposes, including unable to conduct virtual items transactions with third parties, or trading on third-party platforms other than the software platform. If you violate the foregoing requirement, we will not be liable for any loss of you or a third party, and if we reasonably suspect that your Account or usage has cheat operation or abnormal status, we reserve the right to suspend, refuse your use of virtual items, until relevant ban measures are taken as provided in this agreement.

3) You can recharge your virtual items through channels allowed by us. The exchange rate between virtual items and legal currency varies according to your purchase channel, which shall subject to the information displayed on our Software interface. We have the right to change the exchange rate in our sole discretion from time to time and will display it on our Software interface.

4) You promise to not recharge through illegal or unauthorized channel. If you violate the rules and illegally recharge, purchase virtual items, we do not guarantee that the recharge will be successful or completed. We will not compensate for your loss if your rights and interests are damaged by the above actions. We also reserve the right to terminate, restrict your Account, your right to recharge, and pursue your liabilities accordance to this Agreement.

5) Please check your account carefully before recharging. You shall bear all losses on your own due to incorrect account input, improper operation or lack of understanding of charging methods, etc., and we will not make any compensation for your losses.

6) UNLESS OTHERWISE REGULATD BY LAWS, ALL PURCHASES OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL, NON-REFUNDABLE, NON-TRANSFERRABLE UNDER ANY CIRCUMSTANCES. FOR AVOIDANCE OF DOUBT, IN REGARDING TO ANY SERVICES, PRODUCTS PERCHASED BY YOU, YOU ARE NOT ALLOWED TO REFUND OR TRANSFER THE VIRTUAL ITEMS TO OTHER SERVICES, PRODUCTS.

7) We have right to set out or modify rules in connection with virtual items and other transaction from time to time according to various factors, including, without limitation to transaction limits, number of transactions. You understand and confirm that the above mentioned set out or modifications may cause some inconvenience to you, and that you have no objection to this.

8) We do not encourage minors to use virtual currency Services. If you are a minor, you should ask your guardian(s) to operate or operate with the expressed consent of your guardian(s). Otherwise, this virtual currency Service cannot be used.

9) You shall be responsible for losses arising from our inability to provide virtual currency Service or any issues in providing virtual items caused by the following reasons:

l  Due to loss, ban or freezing of your account;

l  That you disclose your password to others;

l  Due to faults of payment channel institution;

l  Caused by intentional or gross negligence or violation of laws and regulations of other users;

l  Other reasons caused by yourself;

10) You may receive some virtual gains in the course of using our Services, such as uCoins (changes in the virtual gains name do not affect the effectiveness of this agreement). Unless otherwise agreed between you/your agent and us, you are only allowed to use virtual gains supported by our Service according to our Policy as disclosed on our Service interface, such as exchange into virtual items. We reserve the right of final interpretation on such virtual gains and related policy terms. We have the right to adjust virtual gains policies from time to time without prior notice. You agree to be bound by the latest Policies as disclosed by us. Unless otherwise provided hereof, the virtual items cannot be used for any other purposes, including unable to conduct virtual items transactions with third parties, or trading on third-party platforms. If you violate the foregoing requirement, we will not be liable for any loss to you or a third party, and if we reasonably suspect that your Account or usage has cheat operation or abnormal status, we reserve the right to suspend, terminate your use of, deduct, virtual gains and pursue your liabilities accordance to this Agreement

11) Under the following circumstances, We reserve the right to deduct your corresponding virtual gains:

l  If the recharge of the virtual items is determined by the bank, payment channel, or court as invalid;

l  Chargeback or refund initiated by end user of this Platform is permitted subject to decision of Banks, payment gateway, courts, arbitration tribunal, or us;

l  “Real world” money used for recharge is considered illegal or improper gains, and we are required by the court and other institutions to refund ;

l Other circumstances that caused the virtual items to be returned, refund.

12) In the event of any violation of this Agreement, laws and regulations by you, we reserve the right to temporarily or permanently suspend, freeze your account and deduct the remaining virtual items and virtual gains on your account partially or wholly, and not compensate your losses, damages.

13) You acknowledge and agree that if you voluntarily cancel your account, your virtual items, virtual gains, virtual gift, game currency, etc. will be waived automatically. We will not return the corresponding cash value and will not make any compensation.

 

7.   Data Storage

1) We are not responsible for the deleting or storage failure of your data in this Service.

2) We can determine the maximum storage time length and storage space of your data in the Service according to various factors. You can back up the relevant data of this Service according to your own needs.

3) If you discontinue using the Service, or if the Service is terminated or ended, we can permanently delete your data from our server, and we are not obligated to return any data to you.

4) You can modify or delete your personal data, registration information and Content uploaded, distributed by you. Please note that deleting relative information will lead to delete of Contents stored in the system. You are responsible for this risk.

 

8.    Risk

1) You understand and agree that the Software only provides you with a platform for information sharing, transmission. You are responsible for all actions under your Account, including any content you transmit and any consequences resulted. You should personally judge the content of the software and Service and bear all risks arising from the use of the Service, including risks arising from the reliance on the correctness, completeness or usefulness of the Content. We cannot and will not be liable for any losses caused by your behavior.

2) If you find anyone who violates this agreement or uses the Service in other improper ways, please tell us immediately and we will deal with them according to this Agreement.

3) You understand and agree that we reserve the right to change, suspend, terminate, and update all or a feature of the Service in our sole discretion according to various factors without prior notice.

 

9.    Intellectual Property

1) You acknowledge that intellectual property rights in and relating to our Services (other than Content which is contributed and owned by advertisers) is owned by us, unless you have legally acquired intellectual property rights in the Content posted by you on our Software before using our Services.

2) Unless otherwise provided, the copyright, patent and other intellectual property rights of the Software are owned by us.

3) The copyright or trademark rights of the graphics, text or its components involved in the Service, and other Software logos and product and Service names (hereinafter collectively referred to as the “Software Logo”), are owned by us. You are not allowed to display or use the Software logo in any way without our prior written consent, and you must not indicate to others that you have the right to display, use, or otherwise modify with the Software logo.

4) The above and any other intellectual property rights owned by us or related advertisers are protected by law and you are not allowed to use or create derivative works in any form without the written permission of us or the relevant advertisers.

5) Unless otherwise agreed in writing by the company and you/your agent, you own the intellectual property rights in connection with Content uploaded by you such as text, images, videos, audio, photograph, and you agree to authorize us and our affiliates a irrevocable, permanent exclusive, royalty-free, worldwide, sub-licensable right to use, display and reproduce the aforesaid Content for commercial or non-commercial purposes, including but not limited to adapt, display, broadcast, rent, copy, film, translate ,or place such Content on Internet. We can choose whether to use and the usage method in our sole discretion, including but not limited to using and disseminating the above information on any platform operated by us, editing the above information, and authorize third party to use, edit, disseminate.

 

10.   Liability

1) In the event that we receive any complaints, claims about you from other users , we reserve the right to review, check any Contents, materials, chatting records regarding you in this Software without prior notice. if you indeed have illegal, wrongful, defaulting, tort act, we have the right in our sole discretion to take any or all of the following measures: to give a warning, to disable your ability to use some features, terminate your access to the Software, put you into blacklist, announce your default act,to deduct, withhold virtual items and virtual gains in part or in whole . If we adopt to terminate your Account, put you into blacklist, we have the right not to refund your virtual items, and gains.

2) You understand and agree that we have right to take any remedy measures, appropriate legal action against your illegal, wrongful, defaulting, tort act, and disclose relevant information to authorities in accordance with laws and regulations and you shall bear all results.

3) You understand and agree that any losses, damages, claims of third party arising out of your violation of this Agreement, shall be paid by you, including reasonable attorney’s fees.

4) You agree to indemnify, defend and hold harmless us, our affiliates from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including but not limited to attorney’s fees, arising out of your access to or use of the Service, your breach of this Agreement

5) We have the right to choose to apply the aforesaid remedy measures separately or collectively.

 

11. Force Majeure And Other Disclaimers

1) You understand and acknowledge that in the course of using the Service, you may encounter problems out of our control, which may cause the Service to be interrupted. We are not liable for any Service suspension, problems, losses out of our control and expectation, for example natural disasters such as floods, earthquakes, plague epidemics and storms, and social events such as war, turmoil, government actions, etc. In the event aforesaid, we will try our best to cooperate and to repair in time.

2) We make no promises or guarantees that the Services will always safe, reliable, be available, uninterrupted, or error-free or not-delay. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE. We do not control or manipulate actions of you and others, nor are we responsible for any of their content (whether online or offline) and any content they share (including offensive, indecent, obscene, illegal, and other contentious content).

3) Like most Internet Services, our Service may be affected by various security issues, including but not limited to internet Service quality, social environment, other software, websites you download, install, visit may contain viruses such as "Trojan horses" that threaten the security of your computer information and data, which in turn affects the normal use of the Service. You should strengthen the protection of information security and user data, and pay attention to strengthen password protection to avoid loss and harassment.

4) You understand and acknowledge that the Service has interruptions due to unavoidable issues, computer virus or hacking, system instability, your location, your shutdown, and any other technology problems, internet problems, telecom operate problems, etc. We shall not be liable for any losses caused due to the aforesaid interruptions.

5) You understand and acknowledge that there may be some misleading, deceptive, threatening, defamatory, offensive or illegal information, or infringement information of the rights of others in the course of using the Service. We do not assume any responsibility for any losses of you or any third party resulting from aforesaid information or act.

6) You understand and acknowledged that we may maintain, update, and repair features or this Software on a regular or irregular basis. If the service is interrupted within a reasonable period of time due to such circumstances with prior notice, we shall not be liable for this.

7) Unless otherwise provided by law and regulation, we have rights but no obligation to handle any defaulting, tort, illegal act of third party and we cannot guarantee that the foresaid defaulting, tort, illegal act of third party shall be found, handled in times.

8) You understand and acknowledge that we are not responsible for any defects in the quality of the products or Services offered to you and any damages caused under following circumstances:

l  the products or Services provided are free;

l  the product or service is gifted to you;

9) NOTWITHSTANDING OTHERWISE PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE THAT WE ARE NOT LIABLEFOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; ORFOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES. IN ADDITION, ALL COMPENSATION, REMEDY, LIABILITIES, REGARDLESS OF ANY MANNER, REASON, SHALL NOT EXCEED ALL FEES PAID BY TO US (IF APPLICABLE)

10) You acknowledge and understand that there may be personal and property security and transaction dispute risks if you meet, trade with other users offline, off the platform. We are not liable for the above risks or losses, and you must bear all responsibility.

 

12.      Miscellaneous

1) We remind you to read this Agreement carefully, especially clauses in connection with disclaimer, risks, limitation of you rights and our liability. If you are a minor, pleases read with accompany of your guardian(s).

2) You understand and agree that other statements, rules published by us in the software are deemed to be supplemental to these rules and are an integral part of these Rules and have the same legal effect as this Agreement.

3) This Agreement shall be governed by, and construed in all respects in accordance with, the laws of the United Kingdom.

4) The invalidity or unenforceability of any provision of this Agreement shall not in any way affect or impair the validity or enforceability of the remaining provisions. If any provision of this Agreement is declared invalid or unenforceable by competent authorities, the Parties shall use their best endeavors to agree upon a replacement provision so as to substantially effectuate the commercial purpose of the original provision.

Worldstage

1. DEFINITIONS

1.1 In this contract the terms below have the following meaning :

  • “Competition” means any online music competition which may be opened and operated by Worldstage through its Site, permitting any Registered User to take part to it and to become eligible to any awards upon the terms and conditions set forth under the relevant Competition Regulations.

  • “Competition Regulation” means any rules and regulations from time to time published on the Site or in any application form available on the Site setting forth the terms and conditions applicable to any Competition, these including those governing the participation to any Competition and relevant participation and eligibility requirements, the term of duration of the Competition, the rules for the award of any prize.

  • “Worldstage” or “We”: means upliveworldstage.com created by Edvertica Sdn Bhd, with registered office in Malaysia, company registration 1231511-H

  • “Worldstage Content” or “Content”: means all information, videos, images, sounds, music, photographs, software, newsletters (comprising useful news aimed at taking part or gathering information on any Competition and intended as an integral part of it), animations, databases, design and its contents, labels, logos, name and trade names, marks or trademarks, technical solutions, graphics, ‘look & feel’, structure and each aspect already developed or to be developed – whether or not covered by copyright or legally protected – published on the Site or any other material (in any form) that Worldstage makes available to its Users in connection with any Competition or otherwise.

  • “Registered User” – The User who has successfully registered with the Site and has submitted their information to participate in a Worldstage Competition. The Registered User is enabled to navigate within the Site and use its Service, create a personal profile, interact with other users within the Community, as well as use all the other interactive services available from time to time within the Site.

  • “Site”: means the Internet site www.upliveworldstage.com.

  • “Terms and Conditions”: means, jointly, whatever conditions published on the Site, the present general conditions and the registration form once completed by the User as well as any other document concerning any Competition, including any Competition Regulations.

  • “User”: means any person, regardless of whether or not registered, who uses the Site, including any Registered User.

  • “User’s Content”: means any information, videos, works, images, sounds, music, photographs, software and all other material (in any form) which is the property of the User or third party, produced or played by the User or by third parties, published or otherwise made available by the User (or on behalf of the User) using the Site or offline, including – without limitation – any video made available by the User to Worldstage for the purposes of taking part to any Competition.

2. PURPOSE

2.1 The Terms and Conditions govern the relationship between Worldstage and any User (from now on referred to collectively as “Parties” or individually as a “Party”), with respect to any Competition as well as to any Worldstage Content, User’s Content.

3. REGISTRATION, ACCEPTANCE, DURATION, GENERAL TERMS AND CONDITIONS AND AMENDMENTS

3.1 Any User who intends to take part to a Competition must complete the registration form by supplying the information and personal data required by Worldstage.

3.2 The use of the Site as well as the application to take part to any Competition is subject to the acceptance in full of the Terms and Conditions.

3.3 The User is required to read carefully any Terms and Conditions, which he/she can see during the registration process on his device, also via a pop-up or hypertext link to a relevant screen; the User is required to accept these terms and conditions by clicking the space labelled “I accept the terms and conditions of use”.

3.4 We reserve the right to modify, integrate and/or update as it will deem necessary or appropriate the Site, any Content as well as any Terms and Conditions, programs and/or other materials contained and/or available through the Site.

3.5 Any changes as above shall have no effect on any Competition already in progress nor on any Registered User who has already applied for a Competition before the said changes.

 

4. AVAILABILITY OF THE SITE AND PROVISION OF WORLDSTAGE CONTENT

4.1 Worldstage can occasionally, without any responsibility towards the Users or third parties:

a) suspend the Site  or any Content for technical reasons such as repair, maintenance, improvements to the Site or Contents, or due to emergency, or else;

b) give the User instructions considered necessary for the integrity, security or quality of whatever Content or Competition.

4.2 The User is responsible for his own acts and omissions, and is responsible for any breach of the Terms and Conditions, including any instructions provided by Worldstage

4.3    Worldstage does not guarantee that any element of the Content or of the Site will be available and accessible at any time. Except where otherwise expressly provided herein, the introduction of any variation to the Content that renders its use different from the way it is now will be governed by the Terms and Conditions. Worldstage does not guarantee that the Site and any Content will be uninterrupted, suitable or free from error.

4.4    The User recognizes and accepts that any Worldstage Content is supplied on a “as is” and ‘as available’ basis at any time and that Worldstage does not assume any responsibility for the punctuality, permanence, cancellation, failed delivery or memorization of the Content or of any communication or personalization carried-out by the User.

4.5    Any User is responsible for the validity of the information and personal data supplied at the moment of registration. The Registered User must immediately notify Worldstage of any changes to the information and the personal data supplied at the moment of registration, and furthermore provide directly any new updates, if possible, so that such information and personal data is at all times current, accurate, complete and true. In the case that false information or personal data has been supplied, or that Worldstage suspects that false information or personal data, that is not accurate or incomplete, has been supplied, Worldstage has the right to impede the use of the Content or the participation to any Competition to the relevant Registered User.

 

5. USE OF THE SITE AND OF ANY CONTENT BY THE USER

5.1 The Site, the Content as well as any participation to any Competition are made and supplied exclusively for the personal use of the User. The User is not allowed to copy, sell or attempt to sell any such Contents or any portion or structure of the Site, therein comprising the Content, nor any relevant functions to any third party. The User may not use the Site nor any Content to exercise business activities nor for any professional or commercial purpose, including the publication, promotion, placement or any other form of commercialization of goods, services or products made available through the Site.

5.2 The User must not exploit or use the Site or any Content to the detriment of Worldstage. In particular, the User is obliged to abstain from using or exploiting the Site or the Content to carry out activities in competition with those of Worldstage, or that damage or discredit the interests, economic interests or image of Worldstage, of other Users or third parties in general.

5.3 The User is responsible for the creation and publication of any User’s Content. The User guarantees that the User’s Content is and will remain accurate, and will not include any information or material of which no portion, nor the access to nor the use or publication of it, constitutes a criminal offence, violation of law or in any way violates the rights of third parties. In particular, the User guarantees that all necessary consents, authorizations or permits of whatever nature, including without limit consents for author’s rights connected to the User’s Content, have been properly acquired.

5.4 The User guarantees that he will comply with any legislation on copyright protection as well as on consumer rights or the protection of consumer, as well as with any other instructions, regulations, provisions of law or directives issued by competent authorities, applicable to the User and concerning the publication of the User’s Content. 

5.5 Worldstage does not assume any responsibility for personal data, User’s Content or other content that has been sent, circulated, uploaded or downloaded by the User or by any third party through the Site, in connection with any Competition or otherwise. The User is the only and exclusive person responsible for whatever content he has uploaded, downloaded, published, sent or in any other way circulated through the Site and/or in connection with any Competition.

5.6 The User agrees that Worldstage has the right to memorize the User’s Contents and to provide them to third parties (such as jury members) for the purposes of any Competition to with such User is a party, or when this is instrumental or necessary to fulfil legal requirements or respecting orders issued by public authorities, including judiciary authorities; in order to challenge disputes that such content violates the rights of third parties; or to protect the rights of Worldstage or of other Users according to law and in accordance with the present Terms and Conditions.

5.7 The Site and the Users may provide links to other sites or resources on the web. The User attests and agrees that Worldstage cannot in any way be considered directly or indirectly responsible for the content of such sites or resources and, therefore, for any damage incurred by the User or third parties in relation to such sites or resources.

5.8 As a general rule, Worldstage does not exercise any control or surveillance over the User’s Content or over any content published on the Site or otherwise. Nonetheless, Worldstage reserves the right not to publish or to remove from the Site, without any prior notice, any User’s Content that has come to its knowledge, as well as any other content published by third parties that constitutes or could constitute a violation of the Terms and Conditions, according to mandatory legal provisions or of rights of third parties, or whenever Worldstage believes in good faith that such information or content constitutes a violation of these Terms and Conditions or law

 

In line with above, Worldstage will not be considered in any way responsible if the User’s Content is illicit or violates in any way mandatory legal provisions or the rights of third parties, except in the case that Worldstage has become aware of such User’s Content and does not proceed promptly to remove it or impede access to it.

 

6. PARTICIPATION TO COMPETITION

 

For anything not provided under this terms and conditions of use, all terms and conditions applicable to each Competition, these including for the participation to any Competition, the eligibility requirements, timing and duration of each Competition, the payment of any fees, the prizes and award of the same, shall be governed by the Competition Regulations from time to time published on the Site.

 

7. INTELLECTUAL PROPERTY RIGHTS

7.1 The intellectual and industrial property rights (including economic and know-how rights) regarding the Site, the Content and in general any Competition are and remain the exclusive property of Worldstage (or of its licensors, when applicable).

7.2 The User is expressly forbidden to copy, modify, create products, services or works derived from or based on the Site, the Content or any Competition. The User is expressly forbidden to download, copy, reproduce, duplicate, use or circulate any label, commercial name, logo, ideogram or other distinctive sign related to Worldstage.

7.2 The User is expressly forbidden to organize events derived from or based on the Site, the Content or any Competition, unless provided a form of license by Worldstage to do so., or via any form of written or digital consent. 

 

8. USER AND THIRD PARTY RIGHTS

8.1 The User declares and guarantees that he is and will be owner of all the rights connected to the use and publication of the User’s Content, and that the User is able and will use these rights pursuant to the terms of this Terms and Conditions. The User declares and guarantees that: (a) there will not be rights or claims by third parties or any other kind of obstacle of any kind to the publication and circulation of the User’s Content on the Site or within the Competition; and (b) neither the User’s Content, nor its publication, violate in any way mandatory legal provisions or rights of third parties.

8.2 Accordingly, the User will assume responsibility and protect Worldstage from any possible damage, charge or expense as a result of threatened or pending actions; requests from third parties for compensation from Worldstage for the violation of mandatory legal provisions or third party rights. The User grants to Worldstage a free and non-exclusive license to Worldstage to reproduce, publish and visualize on the Site the User’s Content. The User recognizes and accepts that Worldstage is not obligated to publish the User’s Content, and that Worldstage may choose not to carry-out any check as to the use of the Site by other Users.

 

9. BREACH OF TERMS AND CONDITIONS

9.1 Worldstage may decide to exclude any User from any Competition, if the User commits a material breach of the present Terms and Conditions that cannot be remediated (or, if it can be remedied, the User fails to remedy within a remedy period notified by Worldstage); Worldstage further has the right to suspend the participation of any User to any Competition if it is necessary to (i) comply with laws or provisions by public authorities in accordance with law; (ii) prevent or halt any violation of the present Contract or of law, assert one’s rights under the terms of the present Contract, or protect oneself from disputes from third parties that claim violation of their rights; (iii) protect the rights of Worldstage or the rights of third parties.

9.2 User agrees to pay a compensation of up to USD100,000, if the User comments a breach of present (7.) Intellectual Property Rights that cannot be remediated (or, if it can be remedied, the User fials to remedy within a remedy period notified by Worldstage).

10. PRIVACY

10.1 The User agrees that his personal data communicated while registering and in any other moment while using the Site will be treated by Worldstage in accordance with the Privacy Information published on the Site and in conformity with The Malaysia Personal Data Protection Act (PDPA) of 2010, as from time to time in force.

10.2 Worldstage will preserve the privacy of any identifying data supplied by the User and will not give this data to any third parties, except as required by law. Worldstage reserves the right to transmit such data to other parties that have also assumed responsibility for the privacy of such data and that are delegated to carry out services connected to the present Terms and Conditions or to any Competition.

The User likewise recognizes that the processing of his personal data by Worldstage and of other User’s Content may be necessary to:

(a) send or receive data;

(b) undertake planning or programming functions of the Site or of any Competition as well as perform activities related to the performance and operation of any Competition;

(c) comply with technical specifications of network or Internet connections.

10.3 Upon request by the User, Worldstage will promptly, within the necessary technical timeframe, cancel any personal data of the User in compliance with the User’s request, without the need of advance notice or successive confirmation. A request from a User to remove personal data which are necessary to Worldstage to fulfil its obligations under the present Terms and Conditions shall constitute a notice of withdrawal from any relevant Competition to which the User is a party.

10.4 Any User Content published or otherwise made available by the User (or on behalf of the User) using the Site or in connection with any Competition will be retained by Worldstage for purposes strictly related to the participation of the relevant Competition, for a period of time that does not exceed what is required for the purposes for which they were collected or successively used.

 

11. APPLICABLE LAW AND JURISDICTION

11.1 The Terms and Conditions shall be interpreted and applied and shall be subject to Malaysian law. Any disputes arising from the interpretation and execution of the Terms and Conditions, including – without limitation – those relating to the User’s use of the Site or to the participation to any Competition  will be referred to the exclusive jurisdiction of the Court of Malaysia.