User Agreement
This User Agreement (hereinafter referred to as "this Agreement") is entered into by and between you (hereinafter also referred to as "User") and Alphant (hereinafter referred to as "the Company" or "we", also including our affiliates). Please read this Agreement carefully before using certain features of our software products and online services (hereinafter referred to as the software, products).
In order to regulate the operational order of this software, clarify the rights and obligations of all parties, and protect the legal rights and interests of all parties, this Agreement is specially formulated. The contents highlighted in bold and underlined in this Agreement are particularly important for you to notice. Please ensure that you fully understand each clause of this Agreement and choose whether to accept this Agreement. Unless you accept all the terms of this Agreement, you have no right to register, log in, or use the services covered by this Agreement. Clicking "Agree and Register", "Accept", or any similar button, or actually using the services we provide to registered users, will be deemed as your signing of this Agreement and your consent to be bound by its terms.
This Agreement, along with the platform rules and normative regulations within the platform, may be modified due to changes in national policies and the environment for performing this Agreement. The updated terms will replace the original content once published, and you can view the updated terms within the software. If you do not accept the modified terms after we amend the terms, please stop using the software immediately. Continuing to access or use the services provided by the software will be considered as acceptance of the modified Agreement.
Account
1. Before using the software, you need to have a software account. If the registration binding information for the software account is a mobile phone number, you agree that the software will use the mobile number you provide for registration during binding. If you have already authorized the carrier, the authorized carrier has the right to automatically extract your mobile number for authentication and use it for software account registration. You guarantee to comply with the relevant regulations of the carrier. The software may change the methods of account registration, binding, and login based on product needs without prior notice to you.
2. You have the right to choose a character combination supported by the software as your account and set a password that meets security requirements. The account and password set by the user are the credentials for logging in and using the software and related services as a registered user.
3. You are responsible for properly safeguarding the registration account information and password. You bear the responsibility for any account theft due to poor safeguarding. You need to bear legal responsibility for actions under the registered account. If you suspect that others are using your account, you can immediately consult the Company. You agree not to use other users' accounts and passwords under any circumstances.
4. You understand and promise that the account you set must not violate national laws, regulations, and the relevant rules of the software. The registration information, such as the account name, avatar, and profile, and other personal information must not contain illegal or harmful information. You may not use another person's name without permission (including but not limited to impersonating another person's name, name, font size, avatar, or other means that may cause confusion) to open an account. You may not maliciously register platform accounts (including but not limited to frequent registration, batch registration of accounts, etc.). You must comply with relevant laws and regulations during the account registration and use process and must not engage in any behavior that infringes on national interests, damages the legal rights of other citizens, or harms social morals. The Company has the right to review the registration information you submit.
5. According to laws, policies, and/or our platform rules and announcements, registered users must cooperate to complete real-name authentication for identity information when using certain services. The ownership of the software account belongs to the Company. After you complete the registration procedures, you obtain the right to use the software account, which is limited to personal use by the registered user on the Company's websites and software. It is prohibited to gift, lend, rent, transfer, or sell the account to any third party. If we find that the actual user of the platform account is not the account registrant, we have the right to recover the account without prior notice and without bearing legal responsibility to the account user or registrant. The user bears any losses arising therefrom, including but not limited to communication interruptions, user data, virtual diamonds, and virtual items.
6. If you do not log in to the software account within 90 consecutive days after registration, the Company has the right to recover the account without prior notice to prevent resource waste. All rights under this account (including but not limited to platform currency, medals, gift bags, item bags, etc.) will be invalid immediately, and you bear the adverse consequences thereof. The Company reserves the right to recover the software account at any time.
7. If users violate laws, regulations, this Agreement, platform rules, or policies, we have the right to determine the violation and take corresponding restrictions or penalties, including but not limited to restricting or freezing the user's use of the platform account, restricting or stopping specific products, services, or functions, partially or completely deducting illegal gains, permanently banning the account, recovering the account, deducting deposits or commissions, publicly announcing the punishment, terminating all services, etc. We have the right to decide whether and when to terminate the above restrictions or penalties based on actual situations.
Service Content
1. The specific content of the services provided by the software is provided by the Company according to actual situations, including but not limited to allowing you to live broadcast through the account, watch live broadcasts, interact with anchors and other users in virtual rooms, and purchase or give virtual gifts. The content of the services provided by the software may change. You confirm that after registering as a software user, you should comply with the relevant rules and systems published by the platform from time to time. If you create rooms and interact with other users or apply to open live broadcasting permissions.
2. You can use the software to communicate with anchors and other users. You can establish contact and express your thoughts through private messages, posting updates, etc., or leave messages under your own or other users' rooms. At the same time, you can choose not to receive messages or private messages from other users through system settings. You should be aware and agree that when using the user communication service functions provided by the software, including but not limited to private messages, square messages, comments, live room comments, etc., you must comply with the relevant laws and regulations on instant messaging, internet group chats, post comments, forums, communities, etc.
3. You understand and agree that the software has the right to carry out the following commercial activities: sending promotional information or other relevant commercial information and notices to you through email, client, push, SMS, webpage, or other legal methods. If you do not wish to receive push notifications from the software, you have the right to turn off the service in the notification management settings of your mobile system.
4. To better provide services to you, we may need to obtain your personal information, including but not limited to mobile location information, microphone access permissions, etc. Please refer to our published Privacy Policy for specific details.
User Information Protection
1. During the registration of an account or the use of services provided by the software, you may need to fill in or submit some necessary information, such as the identity information required by laws and regulations. If the information you submit is incomplete or does not comply with legal requirements, you will not be able to use some or all of the functions of the software.
2. To improve the technology and services of the software and to provide you with a better user experience and higher service quality, the Company may collect or provide user information to third parties.
Content and Usage Rules
1. The content referred to in this article refers to any content created, uploaded, copied, published, and transmitted by you during the use of the software, including but not limited to account avatars, names, personal descriptions, registration information, and authentication materials, or messages and related link pages sent, replied to, or automatically replied to, as well as other content generated during the use of the software.
2. You are responsible for your behavior when using the software and related services. Unless permitted by law or with the prior written permission of the Company, you must not engage in the following behaviors when using the software and related services:
- Illegally invading networks, interfering with normal network functions, stealing network data, and other activities that endanger network security.
- Providing programs and tools specifically used for activities that endanger network security, such as network intrusion, interference with normal network functions, and data theft.
- Providing technical support, advertising promotion, payment settlement, and other assistance to individuals engaging in activities that endanger network security.
- Using unauthorized data or accessing unauthorized servers/accounts.
- Unauthorized access to public computer networks or other computer systems to delete, modify, or add stored information.
- Attempting to interfere with or disrupt the normal operation of the software system or website, intentionally spreading malicious programs or viruses, and other actions that interfere with normal internet information services.
- Copying, modifying, adding, deleting, attaching to operation, or creating any derivative works from data released to any terminal memory during the operation of the software, client-server interaction data during the operation of the software, and system data necessary for the operation of the software, in any form, including but not limited to using plugins, add-ons, or unauthorized third-party tools/services to access the software and related systems.
- Modifying or forging the instructions and data during the operation of the software, adding, deleting, or changing the functions or operating effects of the software, or operating or spreading software and methods used for the above purposes, whether for commercial purposes or not.
- Logging into or using the software and services through non-Company developed or authorized third-party software, plugins, add-ons, or systems, or producing, publishing, or disseminating non-Company developed or authorized third-party software, plugins, add-ons, or systems.
- Reverse engineering, reverse assembly, reverse compiling, or otherwise attempting to discover the source code of the software.
- Deleting copyright information on the software and its copies.
- Using, renting, lending, copying, modifying, linking, reprinting, compiling, publishing, or establishing mirror sites for content owned by the Company without permission.
- Maliciously registering platform accounts, including but not limited to frequent and batch account registrations.
- Engaging in other behaviors that violate laws, regulations, this Agreement, the Company's relevant rules, or infringe on the legal rights of others.
3. You must not use the software to create, upload, copy, publish, or disseminate the following content or information:
- Content opposing the basic principles established by the constitution.
- Content endangering national security, leaking state secrets, subverting state power, or undermining national unity.
- Content damaging national honor and interests.
- Content promoting terrorism or extremism.
- Content inciting ethnic hatred or discrimination and undermining ethnic unity.
- Content undermining the state's religious policies and promoting cults or feudal superstitions.
- Content spreading rumors, false information, disrupting social order, or undermining social stability.
- Content spreading obscene, pornographic content, or any content with sexual implications.
- Content spreading gambling, violence, murder, terror, or inciting crime.
- Content insulting or defaming others, infringing on others' legal rights, or committing fraud.
- Content harassing, intimidating, threatening others, or conducting doxxing.
- Content containing harassment, spam advertisements, malicious information, or fraudulent information.
- Content disclosing others' privacy, personal information, or data.
- Content infringing on others' privacy rights, reputation rights, portrait rights, intellectual property rights, trade secrets, and other legal rights.
- Content disseminating commercial advertisements, similar commercial solicitation information, excessive marketing information, or spam.
- Content infringing on minors' legal rights or harming their physical and mental health.
- Content impersonating others' avatars or information, using others' names without permission.
- Content forcibly or inductively directs other users to follow, click link pages, or share information.
- Content violating public order and good customs or containing uncomfortable and inappropriate information.
- Other content violating laws, regulations, normative documents, and policies of your location, account registration location, software operation location, or content viewable location, infringing on others' legal rights, interfering with the normal operation of the software, or actions not expressly authorized by the software.
4. You are fully responsible for the authenticity, legality, harmlessness, accuracy, and validity of the information you transmit using the software. The legal responsibility for any information you create, upload, copy, publish, disseminate, and conduct using the software is borne by you; the information you transmit, publish, and the actions related to it within or through the software do not reflect or represent, and should not be seen as reflecting or representing, the Company's views, positions, or policies. If this causes damage to the Company or a third party, you should compensate according to the law, and the Company has the right to pursue your related responsibilities.
Third-party Products and Services
1. The services provided by the software may include advertisements. You agree to display advertisements provided by the software and third-party suppliers or partners during the use of the software. Except as explicitly required by laws and regulations, you are responsible for transactions based on such advertisement information.
2. The software may access third-party products or services. We will make reasonable efforts to screen qualified third parties for cooperation. When you use products or services provided by third parties, we will notify you in a reasonable manner; you agree that in addition to complying with this Agreement, you should also comply with the user agreements of third parties when using their products and services. The Company does not guarantee the safety, accuracy, and effectiveness of services and products provided by third parties. You are responsible for any disputes and damages arising from third-party services and products.
Terms of Use for Minors
1. If you are a minor under 18 years of age, you should read this Agreement carefully under the supervision, guidance, and consent of your guardian before using the software and related services.
2. The Company pays attention to the protection of minors' personal information. Minor users should enhance their protection awareness and be cautious when filling in personal information and should correctly use the software and related services under the guidance and with the consent of their guardians.
3. Minor users and their guardians understand and confirm that if you violate laws, regulations, and this Agreement, you and your guardians shall bear all legal responsibilities that may arise.
4. Special Reminder for Minor Users:
- Minors should use the software and related services under the supervision and guidance of their guardians within a reasonable range, avoid indulging in the virtual network, and develop good internet habits.
- To better protect minors' privacy rights, the Company reminds you to be cautious when publishing content containing minors' materials. Once published, it is deemed that you have obtained the consent of the rights holder to display the minors' portraits, voices, and other information on the software and related services.
- The software has set up a "Youth Mode," and we strongly recommend guardians of minor users enable this feature. In "Youth Mode," functions such as recharging and tipping cannot be used.
5. Special Reminder for Guardians:
- If your ward uses the software and related services, you, as a guardian, should guide and supervise the registration and use behavior of the ward.
- Your ward may use functions such as recharging and tipping while using the software and related services. As a guardian, please safeguard your payment devices, payment accounts, and payment passwords to avoid unauthorized use of recharge and tipping functions through your platform account without your consent.
Risks and Disclaimers
1. The Company is not responsible for losses or liabilities arising from the inability to provide virtual diamond-related services or any problems occurring during the provision of virtual diamond-related services due to the following reasons:
- Loss, banning, or freezing of your account.
- You disclose your password to others.
- Issues caused by your bound third-party payment institution account.
- Deliberate or gross negligence or violation of laws and regulations by third parties.
- Other reasons attributable to you.
2. The Company has the right to deduct your virtual earnings correspondingly in the following circumstances:
- The recharge by virtual diamond users is judged by the bank, payment channel, or court as invalid.
- Virtual diamond users apply for a refund for recharged fees, and the refund application is judged valid by the bank, payment channel, or court.
- The legal currency used to recharge virtual diamonds is illegal income or improper gain, and the Company is judged or ordered by the court to return the corresponding legal currency.
- Other situations where virtual diamonds need to be returned.
3. If you violate national laws, regulations, this Agreement (including but not limited to supplementary agreements), the Company has the right to temporarily or permanently ban your account, freeze, partially or completely deduct the remaining virtual diamonds and virtual earnings in your account, and will not refund/compensate/reimburse the cash value of the virtual diamonds purchased.
4. You confirm and agree that if you voluntarily cancel your account, your virtual diamonds, virtual earnings, and purchased virtual gifts will be considered automatically forfeited, and the Company will not refund the corresponding cash value or make any compensation.
Data Storage
1. We will store the collected information in accordance with laws, regulations, and the Company's actual needs. You can back up relevant data of the services provided by the software as needed.
2. If you stop using the services provided by the software or if the services provided by the software are terminated, the Company may permanently delete your data from the server, provided that it does not violate legal requirements. The Company is not obligated to return any data to you after the services provided by the software are stopped or terminated.
3. You can change, delete personal information, registration information, and transmission content on the software account, and you can consult us to delete your related data. However, please note that deleting related information will also delete relevant information stored in the services provided by the software. Due to technical limitations and other reasons, we cannot guarantee that all data will be deleted immediately.
Risk Assumption
1. You understand and agree that the software only provides the aforementioned content services, and you must be responsible for all actions under your registered account, including any content you transmit and any consequences arising therefrom. You should judge the content in the software and the services provided by the software and bear all risks arising from using the content, including reliance on the correctness, completeness, or usefulness of the content. The Company is not responsible for any losses or damages caused by your actions.
2. If you discover any person violating this Agreement or using the services provided by the software improperly, please report or complain to the Company immediately, and the Company will handle it accordingly.
3. You understand and agree that due to business development needs, the Company reserves the right to unilaterally change, suspend, terminate, or withdraw all or part of the services provided by the software.
Intellectual Property Statement
1. The intellectual property rights of the content provided by the software (including but not limited to software, technology, programs, web pages, text, pictures, audio, video, graphics, etc.) belong to the Company. Without the Company's permission, no one may use (including but not limited to monitoring, copying, disseminating, displaying, mirroring, uploading, downloading through any robot, spider, or other programs or devices) the content in the software and related services.
2. Unless otherwise stated, the copyright, patent rights, and other intellectual property rights of the software and its services are owned by the Company. The trademarks, logos, and product/service names (collectively referred to as "Software Marks") used in the software and related services are owned by the Company. Without the prior written consent of the Company, you must not display, use, or otherwise process the Software Marks in any way, nor indicate to others that you have the right to display, use, or otherwise process the Software Marks.
3. The aforementioned and any other intellectual property rights legally owned by the software or related advertisers are protected by law. Without the written permission of the Company or related advertisers, you must not use or create related derivative works in any form.
4. Unless otherwise agreed in writing between you and the Company, you are responsible for any legal responsibilities arising from the texts, pictures, videos, audios, and performances you publish or upload when using the software services. Furthermore, your publishing or uploading behavior is deemed as your authorization to the Company. You understand and agree to grant the Company and its affiliates a global, free, irrevocable, exclusive, perpetual, sublicensable, and transferable right, including but not limited to: reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcasting rights, information network dissemination rights, production rights, adaptation rights, translation rights, compilation rights, and other property rights and neighboring rights legally enjoyed by the copyright owner. The Company can choose whether and how to use it, including but not limited to using and disseminating the aforementioned information on the Company's service platform, re-editing and using the aforementioned information, and authorizing partners to use, edit, and disseminate the aforementioned information.
5. When you publish or upload texts, pictures, videos, audios, software, and performances when using the software services, you guarantee that you legally own valid intellectual property rights or usage rights for this part of the information. Otherwise, when the right holder complains or the official agency notifies us, we will review and take necessary measures based on the relevant legal requirements, preliminary evidence of infringement, and service types.
Breach of Agreement
1. If the software discovers or receives reports or complaints from others that you have violated this Agreement and platform rules, the software has the right to review, delete, and take punitive measures against relevant content without prior notice, including but not limited to warnings, account bans, device bans, feature bans, account cancellation, blacklisting, publicizing violations, and deducting all or part of virtual diamonds, earnings, or points. If the software takes measures such as account cancellation, blacklisting, and account banning, the Company has the right not to refund the converted virtual diamonds and earnings that have not been spent.
2. You understand and agree that the Company has the right to take appropriate legal actions against behaviors that violate relevant laws, regulations, or this Agreement and platform rules, and to preserve relevant information and report to relevant departments according to the law. You shall bear all legal responsibilities arising therefrom.
3. You understand and agree that if you violate this Agreement, causing the Company to suffer any claims, demands, or losses from third parties, including reasonable attorney fees, you shall compensate the Company and protect the Company from damages.
4. You understand and agree that you are responsible for any losses caused to the Company due to your violation of this Agreement.
5. The Company has the right to choose to apply any or all legal responsibilities stipulated in this Agreement independently or cumulatively.
Force Majeure and Other Disclaimers
1. You understand and acknowledge that while using the services provided by the software, you may encounter risks such as force majeure that cause the software services to be interrupted. Force majeure refers to unforeseeable, unavoidable, and insurmountable objective events that have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, plagues, and storms, and social events such as wars, riots, and government actions. In the event of the above situation, the Company will strive to cooperate with relevant units to repair in a timely manner, but the Company is exempt from liability for any losses caused to you or third parties to the extent permitted by law.
2. Within the limits allowed by law, we do not guarantee continuous, error-free, or reliable product safety, nor do we guarantee that the product will not be interrupted, delayed, or imperfectly run. We also disclaim all express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not control or manipulate the behavior of you and other users and are not responsible for their behavior (online or offline) and any content they share (including offensive, inappropriate, obscene, illegal, and other controversial content).
3. Like most internet services, the services provided by the software may be affected by various security issues due to user reasons, network service quality, social environment, and other factors, such as others using your data, causing harassment in real life; you download and install other software or visit other websites that contain viruses such as "Trojan horses," threatening your computer information and data security, and affecting the normal use of the services. You should strengthen information security and user data protection awareness and strengthen password protection to avoid losses and harassment.
4. You understand and acknowledge that the services provided by the software may be interrupted or unable to meet your requirements due to various risks caused by force majeure, computer viruses, hacker attacks, system instability, your location, shutdown, and any other technical, internet, or communication line reasons. The Company is not responsible for any losses caused to you or third parties.
5. You understand and acknowledge that while using the services provided by the software, you may encounter misleading, deceptive, threatening, defamatory, offensive, or illegal information from any other person, or information that infringes on others' rights, as well as actions accompanying such information. The Company is not responsible for any losses caused to you or third parties due to such information.
6. You understand and acknowledge that the Company needs to regularly or irregularly inspect or maintain the software platform or related equipment. If such situations cause service interruptions within a reasonable time, the Company is not responsible for this. The Company will notify you in advance within the software.
7. The Company's right to handle illegal or breach of contract content according to laws, regulations, and this Agreement does not constitute the Company's obligation or commitment. The Company cannot guarantee timely detection of violations or timely handling.
8. You understand and acknowledge that for the following products or services provided by the software, the Company does not assume any responsibility for quality defects and any losses caused:
- Free services provided by the software.
- Any products or services given to you by the software.
9. In any case, the Company is not responsible for any indirect, consequential, punitive, incidental, special, or penal damages (even if the software has been informed of the possibility of such losses), including but not limited to profit losses due to your use of the software, and you agree that the Company's total liability to you, regardless of the reason or form of action, shall not exceed the fees you paid to use the software services (if any).
10. You are aware and understand that there may be significant personal and property safety risks and transaction disputes in meeting other users offline or trading/communicating on third-party platforms. Any disputes, risks, or losses arising from offline meetings or third-party platform transactions are unrelated to the Company.
Miscellaneous
1. You and the Company are independent entities, and this Agreement does not constitute any form of express or implied warranty or condition from the Company to you. The relationship between the parties does not constitute an agency, partnership, joint venture, or employment relationship.
2. The Company solemnly reminds you to pay attention to the terms of this Agreement that exempt the Company's responsibility and limit your rights. Please read them carefully and consider the risks independently. Minors should read this Agreement under the supervision of a legal guardian.
3. You understand and agree that the other rules and policies published by the Company in the software are considered an inseparable part of this Agreement and have the same legal effect as this Agreement.
4. The signing, validity, interpretation, and execution of this Agreement and the resolution of disputes under this Agreement shall be governed by the laws of the mainland region of the People's Republic of China. For any disputes arising from the signing, validity, interpretation, and execution of this Agreement, both parties should first resolve them through friendly negotiation. If the dispute cannot be resolved within thirty (30) days from the start of the negotiation, either party may file a lawsuit with the People's Court of Chaoyang District, Beijing.
5. If any provision of this Agreement is invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding on both parties.
6. The titles in this Agreement are for convenience only and do not affect the meaning or interpretation of any provision in this Agreement.
7. If you discover any content on the platform that infringes your copyright or other legal rights, you can contact us through online customer service or the following methods and provide evidence of your relevant rights. We will handle your complaint in accordance with relevant laws and regulations in a timely manner.
8. This Agreement is available in multiple languages, including English and Chinese.
Company Name: Alphant Chat llc
Contact Address: 515 17th St 18th floor Denver CO 80202 US
Customer Service Email: help@alphant.ai