Date of Last Revision: July 30th, 2020
Welcome to Mika (the “Platform”), which is provided by Mika Team (“Mika”, “we” or “us”). You are reading the Terms and Conditions of Use(the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”).The Terms was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
1.The Summary
You should read these terms and conditions in full because they apply every time you visit Mika By using or accessing the Mika Services, you confirm that you accept these Terms and agree to comply with them. However, just in case you ever need a reminder of the main points, here’s a quick basic Terms:
1.1 You will not use Mika Services if you are under 18 years old. It is the guardian’s solely responsible to supervise the individual who is under 18 years old. If you register and use the Mika to make a livestreaming activity, but you are under 18 years old, you and your guardian shall bear all the responsibilities for your action.
1.2 We’re not responsible for anything that you post or published on Mika and we will remove it in our own discretion if we find something you have posted is inappropriate or illegal.
1.3 If you are concerned about how your data is being used by Mika then please refer to our Privacy Policy, which explains how we treat your personal data and protect your privacy when you use Mika. By using Mika, you agree that we can use such data in accordance with our Privacy Policy.
1.4 You will not use Mika to do anything unlawful, misleading, malicious, pornographic or discriminatory.
1.5 You (including you are a broadcaster) shall be solely responsible for the following action, including but not limited, (i) You avoid the screening of the Mika intentionally, use the false identity information to establish an Mika account and use other individual’s bank account to withdraw the awards in an Mika account; (ii) if you are a political person, governmental official or family member of political person or governmental official, you use Mika platform to engage in the illegal or criminal activities such as the money laundering, bribery, terrorist financing or others. If Mika has detected such action, Mika has right to disqualify your account, refuse your withdraw request and report such action to related authority.
2.The full legal bit
Mika is a kind of social app provides you the most simple and reliable way to connect with new people nearby or around the world. With Mika you can find interesting people and moments near you "Nearby" or from other places around the world "Global Roaming". And you can share yourself and post any kind of the exciting moments of your life in "Discover", You can also get followers and supports from all around the world. With Mika you can send free text, voice, video, photo messages, and add various kinds of stickers to your friends "Chats". It is intended to be an interesting place to visit and it is important for both of us to remain it safe and friendly, so you agree that you will only use Mika in a manner consistent with its purpose and which is in accordance with these terms and conditions.
The Terms apply whenever you use Mika, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on Mika (the "Services") you are accepting and agreeing to be bound by the Terms.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.
3. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Mika to share with others and how we collect and use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.
4. Sharing Your Content and Information
You are able to post all kinds of things on Mika, including photographs, messages and other content ("Content"). You own all of the content and information you post on Mika，While there are some rules about what is acceptable, so when you are using Mika you may not post or send any Content which:
4.1 contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
4.2 is obscene, pornographic or otherwise may offend human dignity;
4.3 is abusive, insulting or threatening, or which promotes or encourages sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.4 encourages any illegal activity including, without limitation, terrorism, inciting racial hatred, hateful content or the submission of which in itself constitutes committing a criminal offence;
4.5 is defamatory;
4.6 relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
4.7 involves the transmission of "junk" mail or "spam";
4.8 contains any spy ware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Mika or otherwise;
4.9 itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
4.10 shows drugs or drug use;
4.11 shows political content and threat to national sovereignty;
4.12 shows another person which was created or distributed without that person’s consent;
4.13 use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
4.14 make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
4.15 contains the information, comment or any other forms of content about a person who is under 18 years old.
We always appreciate your feedback or other suggestions about Mika, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users. So please take it seriously when you post or send content via Mika because you are solely responsible for, and bear all liability in relation to, such Content.
5. Protecting Other People's Rights
We respect other people's rights and do our best to keep Mika safe and clean, and expect you to do the same.
5.1 You will not post content or take any action on Mika that infringes or violates someone else's rights or otherwise violates the law.
5.2 We can remove any content or information you post on Mika if we believe that it violates this Terms or our policies.
5.3 If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5.4 If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5.5 You will not use our copyrights or Trademarks or any confusingly similar marks without our prior written permission.
5.6 If you collect information from users, you will: obtain their consent, make it clear you (and not Mika) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
5.7 You will not use automated scripts to collect information from or otherwise interact with the Services; You will not post anyone's identification documents or sensitive information on Mika.
5.8 You will not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6. Registration and Account
Mika users are required to provide username, age, gender, profile photo and other optional information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
6.1 You will not use Mika if you are under 18.
6.2 You will not transfer your account to anyone without first getting our written permission.
6.3 You will not provide any false personal information on Mika, or create an account for anyone other than yourself without permission.
6.4 If we disable your account, you will not post any content on Mika except contact with official assistant which we called "Mika Team".
6.5 We reserve the right to destroy or disable your account if we believe it is breach of our policy or illegal.
6.6 We will recommend your profile as an "Feature User" or your moment as "Hot Moment" to other users.
7.Termination
7.1 If you violate the Terms, or otherwise create risk or possible legal exposure for us, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
suspend or revoke your registration (where applicable) and your right to access and/or use Mika or submit any Content to Mika; and
make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses).
7.2 We will try (but we are not obliged) to notify you if your access to Mika and/or your Profile is to be or has been suspended or terminated.
7.3 If you have registered on Mika, you can terminate your registration at any time by going to the "Settings" control on Mika when you are logged in and choosing the "Delete Account" link. And you understand that if you choose to delete account on our platform, your account shall be permanently deleted from Mika. We have no obligation to save your information, including your profile information and content you have posted. We may delete these information from our servers within the period permitted by the law by way of housekeeping on a periodic basis.
8. In App Purchase and Subscription
In App Purchases. From time to time, Mika may offer additional products and services for purchase through the Google Play or other application platforms ("in app purchases"). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Android, etc.) ("your IAP Account"), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In all cases, please refer to the terms of your application platform which apply to your in app purchases.
9.What can I buy on Mika?
Mika offers you the opportunity to pay for certain services offered on the site, Which including various opportunities to find and meet additional people, to customize your profile and to boost your profile so more people will find you. You can change your Auto Top-up at anytime in your payment settings. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group.
10.Subscription Tips
10.1Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period;
10.2 Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal;
10.3 Subscriptions can be managed by the user: auto-renewal can be turned off by going to the user‘s Account Settings after purchase;
10.4 No cancellation of the current subscription is allowed during active subscription period.
11.Virtual Currency
11.1 Mika offers a feature allowing users to purchase virtual currency which we called " Coins" for use within the Service (i.e. as a "tip" to another Broadcaster for their live broadcast, or send Gift to your friends on chat). You acknowledge and agree that your distribution of any Coins currently in your account, as a virtual "tip" to any other user's account, is made solely at your own discretion; you further understand that once you have confirmed the transfer of Coins to another user's account, the action cannot be undone and the Coins cannot be withdrawn.
11.2 The value (i.e. the exchange rate) of the Coins is determined by Mika based on your country of origin, and Mika further reserves the right to modify the purchase exchange rate between actual currency and virtual Coins from time to time, with or without reason, in its sole discretion. By your use of the Service, you confirm your understanding of and accept the then-current exchange rate of any Coins at the time of your purchase.
11.3 Your use of any Coins purchased shall be solely for legitimate purposes within the Service, and must comply with all applicable laws at all times (i.e. no exchanging of Coins for any activity, product, conduct or services deemed unauthorized by these Terms of Use or our Policy).
11.4 If your account is terminated by Mika for cause, any outstanding Coins remaining in your account at the time of termination may be confiscated and will not be recoverable in Mika's sole and absolute discretion.
11.5 You understand that the purchase of Coins requires actual money. If you disagree with any part of, or do not fully understand our exchange rate policy, please refrain from purchasing or using any Coins in connection with the Service.
11.6 You understand that Mika may change, modify or update these Terms of Use, or the terms of sale in connection with the Coins from time to time, and that such revised terms will apply to all subsequent purchases of any Coins, and you agree that you will review these Terms of Use and any terms regarding the sale of Coins prior to making any purchase.
12. Advertising/Promotions
Some of the Mika Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Mika may place such advertising and promotions on the Mika Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
13. Abuse/Complaints
You can report any abuse or complain about Content on Mika. We provide "Block" and "Report" function for user to help us keep Mika clean and safe. You can report a user directly from a profile, by clicking the "Report" on their profile, choosing the reason for the complaint. You can also report a moment directly by clicking the "Report" on moment detail page, choosing the reason for the complaint. All the report will be verified by our "Audit Team" and make corresponding process according to the actual situation based on our policies. If you believe we process it by mistake, we will provide you with an opportunity to appeal via "Feedback" contact@livetalklife.com We will always try our best to help resolve any issues that you may encounter with our service.
14. Intellectual Property
14.1 Mika does NOT claim ANY ownership rights in the text, files, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Mika Services. By displaying or publishing ("posting") any Content on or through the Mika Services, you hereby grant to Mika a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Mika Services.
14.2 You represent and warrant that: (i) you own the Content posted by you on or through the Mika Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Mika Services does not violate the privacy rights, public interests, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party.
14.3 As between you and Mika, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Mika Content”), are either owned or licensed by Mika. Mika Content is protected by laws of copyright, trademark, patent, trade secret, and Mika owns and retains all rights in the Mika Content and the Mika Services. Mika hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Mika Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Mika Services.
14.4 The Mika Services contain Content of Users and other Mika licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Mika Services.
14.5 Mika performs technical functions necessary to offer the Mika Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Mika Services.
14.6 Although the Site and other Mika Services are normally available, there will be occasions when the Site or other Mika Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Mika. Also, although Mika will normally only delete Content that violates this Agreement, Mika reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Mika in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Mika encourages you to maintain your own backup of your Content. In other words, Mika is not a backup service. Mika will not be liable to you for any modification, suspension, or discontinuation of the Mika Services, or the loss of any Content.
15. Disclaimer of warranties and limitation of liability
To the fullest extent permitted by law, Mika expressly excludes:
All conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
Any liability incurred by you arising from use of Mika, its services or these terms and conditions, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if Mika has been advised of the possibility of such damages or losses, arising out of or in connection with the use of Mika. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury (other than caused by our negligence), property damage, operator errors, strikes or other labor problems or any act of god in connection with Mika including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
16. Indemnity
You agree to defend, indemnify and hold harmless Mika, 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 Mika 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 Mika Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
17. Legal Jurisdiction
This Agreement 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. The language of the arbitration shall be English.
18. Amendments
We reserve the right to make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services. we may provide notice on the Website if we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement.
19. About us
Mika app and Website owned and operated by Mika Team. Thank you for supporting us. If you have any questions, complaints or claims with respect to the Terms or Mika Services, they should be directed to Mika via contact@livetalklife.com.