Terms of Service – PikaStar
Welcome to PikaStar (the “Platform” or “APP”). The Platform is provided and controlled by AUDIO ONLINE LIMITED with legal 6/F Manulife Place, 348 Kwun Tong Road, Kowloon, Hong Kong,
050100. The Terms of service was written in English (US)and will be the agreement between You and AUDIO ONLINE LIMITED while you are using PikaStar.
This is an agreement between PikaStar Team, the owner and operator of PikaStar and PikaStar Client and Content (collectively, including all content available through the PikaStar Website- https://www.PikaStarlives.com, PikaStar Client and Content ), and you ("you" or "You"), a user of the Service. And there is no tolerance for objectionable content or abusive users in PikaStar. If you do not agree to any of these terms, you may not use the Service.
PikaStar Service
These Terms of Service apply to all users of the PikaStar Service. PikaStar provided status information may contain links to third party websites that are not owned or controlled by PikaStar. PikaStar has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, PikaStar will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that PikaStar shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
PikaStar Access
1. Subject to your compliance with these Terms of Service, PikaStar hereby grants you permission to use the Service, provided that: (1) your use of the Service as permitted is solely for your personal, noncommercial use; (2) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without PikaStar's prior written authorization; (3) you will not attempt to reverse engineer, alter or modify any part of the Service; and (4) you will otherwise comply with the terms and conditions of these Terms of Service.
2. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide PikaStar with your phone number, as well as the phone numbers of third parties whom you wish to use the Service with. When providing your phone number, you must provide accurate and complete information. You hereby give your express consent to PikaStar to use the phone numbers you provide for use in providing you access and use of the Service. You may never use another person's phone number without their permission. You are solely responsible for the status message that is displayed for your phone number. You must notify PikaStar immediately of any breach of security or unauthorized use of your phone. Although PikaStar will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PikaStar or others due to such unauthorized use
Intellectual Property Rights
The design of the PikaStar Service along with all text, scripts, graphics (including stickers), interactive features and the like made available in connection with the PikaStar Service (collectively, the "PikaStar Client and Content"), except all User Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to PikaStar, subject to copyright and other intellectual property rights under United Arab Emirates and foreign laws and international conventions. Subject to these Terms of Service, you are granted a personal, non-exclusive, non-transferable, revocable, limited license to install and use, only in connection with the Service, the PikaStar Client and Content for personal and non-commercial purposes only. The Service, including the PikaStar Client and Content, is provided to you as is for your information and personal non-commercial use only. PikaStar reserves all rights not expressly granted in and to the Service and the PikaStar Client and Content. You agree to not engage in the use, copying, distribution or other exploitation of any of the PikaStar Client and Content other than expressly permitted herein, including any use, copying, or distribution of User Status Submissions of third parties obtained through the Service for any commercial purposes. You further agree not to use the PikaStar Client and Content in a manner that would infringe or violate the rights of any third party and that we are not in any way responsible for any such use by you.
Sensitive Information Feedback
1. There is no tolerance for objectionable content or abusive users on PikaStar.
2. PikaStar uses AI technology to automatically identify porn. Any one who post porn on profile, background or room will be blocked within 24 hours.
3. PikaStar admins have rights to supervise and investigate. Users can immediately report abusive, suspicious, or inappropriate online behavior. User account can be banned based on the severity of his behavior.
4. To prevent harass, users have rights to kick other users out of their room and put them in black list.
User Status Submissions
1. The PikaStar Service permits the submission of status text and other communications submitted by you and other users ("User Status Submissions") and the hosting, sharing, and/or publishing of such User Status Submissions. As clarified in the following section, you retain your ownership rights in your User Status Submissions. You understand that whether or not such User Status Submissions are published, PikaStar does not guarantee any confidentiality with respect to any submissions.
2. You shall be solely responsible for your own User Status Submissions and the consequences of posting or publishing them. Because PikaStar is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of PikaStar, and PikaStar makes no guarantees as to the validity, accuracy or legal status of any status. In connection with User Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize PikaStar to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Status Submissions to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Status Submissions, but you have to have the rights in the first place. However, by submitting the User Status Submissions to PikaStar, you hereby grant PikaStar a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Status Submissions in connection with the PikaStar Service and PikaStar's (and its successor's) business, including without limitation for promoting and redistributing part or all of the PikaStar Service (and derivative works thereof) in any media formats and through any media PikaStars. You also hereby grant each subscriber to your status on the PikaStar Service a non-exclusive license to access your User Status Submissions through the Service, Email, and mobile phone and to display parts of User Status Submissions as permitted through the functionality of the Service and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Status Submission from the PikaStar Service.
3. In connection with User Status Submissions, you further agree that you will not:
(1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PikaStar all of the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage PikaStar or any third party; (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, 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; (4) post advertisements or solicitations of business; (5) impersonate another person; (6) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (7) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (8) attempt to gain unauthorized access to the Service or its related systems or networks.
4. Adult content must be identified as such. PikaStar does not endorse any User Status Submission or any opinion, recommendation, or advice expressed therein, and PikaStar expressly disclaims any and all liability in connection with User Status Submissions. PikaStar does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and PikaStar will remove all Content and User Status Submissions if properly notified that such Content or User Status Submission infringes on another's intellectual property rights. PikaStar reserves the right to remove Content and User Status Submissions without prior notice. PikaStar may also terminate a user's access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Status Submission removed from the Website more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized PikaStar employees, agents, subagents, or super agents. PikaStar also reserves the right to decide whether content or a User Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. PikaStar may remove such User Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
5. You understand that when using the PikaStar Service you will be exposed to User Status Submissions from a variety of sources, and that PikaStar is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Status Submissions, and that such User Status Submissions are not the responsibility of PikaStar. You further understand and acknowledge that you may be exposed to User Status Submissions that are inaccurate, offensive, 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 PikaStar with respect thereto, and agree to indemnify and hold PikaStar, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. PikaStar permits you to link to materials on the Service for personal, non-commercial purposes only. Commercial versions are available under separate licensing and terms. PikaStar reserves the right to discontinue any aspect of the PikaStar Service at any time. YOU agree THAT YOUR USE OF THE PikaStar SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PikaStar, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. PikaStar MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES 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 OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PikaStar SERVICE. PikaStar DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PikaStar SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND PikaStar WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
Limitation of Liability
IN NO EVENT SHALL PikaStar, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PikaStar CLIENT AND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PikaStar SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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. YOU AGREE THAT YOU WILL NOT USE THE PRODUCT WHILE OPERATING A MOTOR VEHICLE, FOR TIME-CRITICAL OR EMERGENCY SERVICES OR EVENT OR FOR ANY OPERATION WHERE INJURY, DEATH, OR ECONOMIC DAMAGE COULD OCCUR. PikaStar makes no representations that the PikaStar Service is appropriate or available for use in all the locations. Those who access PikaStar or use the PikaStar Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless PikaStar, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, 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 PikaStar Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the PikaStar Service. We don't support or encourage illegal consumption of alcohol or tobacco.
Assignment
AssThese Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PikaStar without restriction.ignment
General
You agree that: (i) the PikaStar Service shall be deemed a passive server that does not give rise to personal jurisdiction over PikaStar, either specific or general, in jurisdictions other than BVI; and (iii) that you agree to subject to the jurisdiction of Hong Kong in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of Hong Kong, without respect to its conflict of laws principles. Any claim or dispute between you and PikaStar that arises in whole or in part from the PikaStar Service shall be decided exclusively by a court of competent jurisdiction located in Hong Kong. Privacy and any other legal notices published by PikaStar, shall constitute the entire agreement between you and PikaStar concerning the PikaStar Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiverof such term or any other term, and PikaStar's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. PikaStar reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. Your use of the PikaStar Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PikaStar AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PikaStar SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Legal Jurisdiction
This Policy shall be governed by and construed in accordance with the laws of Hong Kong, without regard to the choice of law principles. Any dispute arising out of or in connection with this Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre(“HKIAC”) in accordance with the Arbitration Rules of the HKIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hong Kong.
Please contact the below Designated Agent for further discussions on any dispute. PikaStar will manage the issue in accordance with the Policy/terms and conditions specified by PikaStar. Designated Agent: product@linkedaudio.com
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