1. Special Notices
1.1 This Ume Broadcaster Agreement (this “Agreement”) governs your usage of our live streaming services, via which you could broadcast on Ume (hereinafter, “Broadcasting Services”). You are one party and the other party is PHILYAP TECHNOLOGY PTE. LTD. (“we” or “Ume”), a company with its registered address at 10 RAEBURN PARK #02-8GH34 SINGAPORE (088702). For the purposes of this Agreement, you and Ume will be jointly referred to as the “Parties” and respectively as a “Party”.
1.2 While using our Broadcasting Services, you are deemed to be our vendor and must abide by all applicable laws and regulations, and Ume community guidelines, which may be updated from time to time at our sole discretion. By continuing to perform as broadcaster, you agree to be bound by the revised Agreement.
1.3 You may only be our broadcaster if you are 16 years or older, and if you are not subject to statutory age limit to enter into this Agreement according to the applicable laws and regulations in your country. If you are below the aforementioned minimum age, you may only use our Broadcasting Services if your guardian has provided us with valid consent. You may not falsely claim you have reached the minimum age.
1.4 These terms shall be read in conjunction with the Ume User Agreement. Except otherwise provided, all capitalized terms shall have the same meaning as defined in the Ume User Agreement.
2. Terms of Use
2.1 You are responsible for the accuracy of information that you provide to Ume, and upon request from Ume, verify accuracy of the information given.
2.2 You may not create Ume account for others, or allow others to use your Ume account. You shall immediately notify Ume if you discover unlawful use of your account by others.
2.3 In consideration for our Broadcasting Services, you agree that Ume has the right to place advertisement or other types of commercial information, including the Ume logo, in the streaming room.
2.4 While using our Broadcasting Services, you must abide by all applicable laws and regulations, and Ume community guidelines, which may be updated from time to time at our sole discretion.
2.5 You may only share information that you are comfortable sharing with the public. You may not distribute via Ume any content that may be considered:
2.5.1 pornographic, obscene or indecent, or any adult content, including any form of child exploitation;
2.5.2 excessively violent, including any content that is related to death or serious injury;
2.5.3 depicting, encouraging or assisting suicide or self-harm;
2.5.4 rumor, false or misleading information;
2.5.5 hateful speech or conduct, including any content that promote racism, terrorism, ageism or sexism;
2.5.6 profane, blasphemous or any content that may offend people of certain faith, or otherwise related to religion;
2.5.7 related to gambling, abortion, weapon, or other highly explosive subject matter;
2.5.8 abusive, libelous, or otherwise harassing other people or group;
2.5.9 spam, junk mail or other unsolicited advertisement;
2.5.10 other contents that in the judgement of Ume that are negative contents or otherwise not suitable for distribution.
2.6 You may not impersonate any other individual, entity, governmental agency or organizations.
2.7 You may not publish or distribute other people's private information without their express authorization and permission.
2.8 You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish or distribute any copyrighted or proprietary works. You are solely responsible to clear such licenses, rights, consents, and permissions.
2.9 You may not publish or link to any malicious code, phishing website or other content that may threaten the security of the Internet.
2.10 Ume has the right to review and monitor your broadcasting on Ume. Ume will evaluate your performance and give rewards based on various factors including streaming time, compliant issues, rewarded virtual gifts, etc. Ume shall have the right to comment and suggest on the performance content and you agree to make adjustment accordingly in three days.
2.11 If Ume, at its sole discretion, reasonably considers that you have violated the Ume Broadcasting Agreement, Ume may freeze, suspend, disable, ban or revoke your account. You understand that any virtual gift associated with your account will be frozen, suspended, disabled, banned or revoked as well.
2.12 If Ume discovers or reasonably suspects that any of your virtual gift is acquired in a fraudulent or illegal manner, or is in an abnormal status, Ume may freeze, suspend, disable, ban or revoke such virtual gift.
2.13 If your account is frozen, suspended, disabled, banned or revoked, you may not create a second account or ask any other to create a second account for you.
2.14 If you violate any Terms of Use, you shall indemnify and hold harmless of Ume against any liability resulting from a claim by a third party in relation to your violation.
3. Intellectual Property Rights
3.1 All text, data, images, graphics, audio and/or video information and other materials within the Broadcasting Services provided by Ume are property of Ume are protected by copyright, trademark and/or other property rights laws. Nothing in this Agreement shall be construed as conferring any license of any intellectual property rights or such materials by Ume to you.
3.2 By using and/or uploading any live stream content or other content through Broadcasting Services to publicly accessible areas of Ume website, you grant to Ume and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.
4. Disclaimers
4.1 You shall be fully responsible for any risks involved in using Broadcasting Services. Any use or reliance on Broadcasting Services will be at your own risk.
4.2 Under no circumstance does Ume guarantee that the Broadcasting Services will satisfy your requirements, or guarantee that the Broadcasting Services will be uninterrupted. The timeliness, security and accuracy of the Broadcasting Services are also not guaranteed. You acknowledge and agree that the Broadcasting Services is provided by Ume on an “as is” basis. Ume make no representations or warranties of any kind express or implied as to the operation and the providing of such Broadcasting Services or any part thereof. Ume shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Broadcasting Services and shall not be responsible for any consequences which may arise from your use of such Broadcasting Services.
4.3 Ume does not guarantee the accuracy and integrity of any external links that may be accessible by using the Broadcasting Services and/or any external links that have been placed for the convenience of you. Ume shall not be responsible for the content of any linked site or any link contained in a linked site, and Ume shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Services by you. Moreover, Ume shall not bear any responsibility for the content of any webpage that you are directed via an external link that is not under the control of Ume.
4.4 Ume shall not bear any liability for the interruption of or other inadequacies in the Services caused by circumstances of force majeure, or that are otherwise beyond the control of Ume. However, as far as possible, Ume shall reasonably attempt to minimize the resulting losses of and impact upon you.
5. Legal Jurisdiction
5.1 This Agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to choice of law principles. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre 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 Singapore. The language of the arbitration shall be English.
6. Other Terms
6.1 Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement.
6.2 If any provision of this Agreement is rendered void or unenforceable by competent authorities, in whole or in part, for any reason, the remaining provisions of this Agreement shall remain valid and binding.
6.3 The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement.