1. Special Notices
This FIREFLY LIVE User Agreement (this “Agreement”) governs your usage of our services, (hereinafter, “Services”) including FIREFLY LIVE App, a video streaming application and social network developed by us. You are one party and the other party is Hong Kong Yabo Interactive Technology Co.,Ltd. or one of its affiliates (“we” or “FIREFLY LIVE”), a company with its registered address at RM 1005, 10/F HO KING COMM CTR, 2-16 FA YUEN ST MONGKOK, KL, HK. For the purposes of this Agreement, you and FIREFLY LIVE will be jointly referred to as the “Parties” and respectively as a “Party”.
By using our Services, or by clicking on "Sign Up" during the registration process, you agree to all terms of this Agreement. We, at our sole discretion, may revise this Agreement from time to time, and the current version will be found at the following link: About us>User Agreement. By continuing to avail our Services, you agree to be bound by the revised Agreement.
You may only use our Service if you are 18 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 FIREFLY LIVE if your guardian has provided us with valid consent for you to use FIREFLY LIVE. You may not falsely claim you have reached the minimum age.
You shall be solely responsible for the safekeeping of your FIREFLY LIVE account and password. All behaviors and activities conducted through your FIREFLY LIVE account will be deemed as your behaviors and activities for which you shall be solely responsible.
We do not accept payments or do business with individuals or entities in Cuba, Iran, North Korea, Sudan, Syria, and the Crimean region. If you are from such regions, you may be prohibited from using the Services.
2. Services Content
Our mission is to give people the power to build community, connect the world and share their beautiful moments. To help advance this mission with a vision to be a content platform inspiring one billion people's lives, we provide the services described below to you:
i. User Generated Content.
FIREFLY LIVE allows users to distribute streaming live, use services, such as chat, bulletin boards, forum postings, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Services (“User Content”). Users of the Services may also overlay music, graphics, stickers, virtual items and other features provided by FIREFLY LIVE (“FIREFLY LIVE Features”) onto this User Content and transmit this User Content through the Services. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.
ii. Help you discover content, products, and services that may interest you.
We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use FIREFLY LIVE.
iii. Combat harmful conduct and protect and support our community.
We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Services, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement.
iv. Global access to our Services
To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Hong Kong Yabo Interactive Technology Co.,Ltd. and its affiliates.
In order to open an account, you will be asked to provide us with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to FIREFLY LIVE upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again, and would like your account deleted, we can take care of this for you. Please contact us via firstname.lastname@example.org, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
5. Use of the Services
Your access to and use of the Services is subject to these terms and all applicable laws and regulations. You agree that you will comply with these terms of Services and FIREFLY LIVE’s Community Guidelines and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access FIREFLY LIVE accounts of others without permission, forge another person’s identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
iii. defame, harass, abuse, threaten or defraud users of FIREFLY LIVE, or collect, or attempt to collect, personal information about users or third parties without their consent;
iv. remove, circumvent, disable, damage or otherwise interfere with security-related features of the the Services or User Content, features that prevent or restrict use or copying of any content accessible through the Services, features that enforce limitations on the use of the Services or User Content, or delete the copyright or other proprietary rights notices on the Services or User Content;
v. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
vi. modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
vii. nterfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
viii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Twitch Services;
ix. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
x. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
xi. use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
FIREFLY LIVE takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is FIREFLY LIVE liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
6. Virtual Items
You can only buy virtual gems (“GEMs”) and virtual gifts (Gifits), send Gifts to others, receive Gifts with monetary value, earn virtual FIREs (“FIREs”) and withdraw FIREs if you are aged 18 (or age of majority in your jurisdiction) or older.
The price of the GEMs will be displayed at the point of purchase. All charges and payments for GEMs will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider.
You will be responsible for the payment of any GEMs purchased by you. Once your purchase has been completed, your user account will be credited with GEMs. GEMs can be used to purchase Gifts. GEMs cannot be exchanged for cash, or legal tender, or currency of any state, region, or any political entity, or any other form of credit. GEMs can only be used on FIREFLY LIVE and as part of our Services, and cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except those designated by us.
Except as otherwise set out in this Agreement, all sales of GEMs and Gifts are final, and we do not offer refunds for any purchased GEMs and Gifts. GEMs and Gifts cannot be converted into or exchanged for cash, or be refunded or reimbursed by us for any reason.
7. Payment Terms
We accept major credit cards, certain debit cards and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize us, or our designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available by FIREFLY LIVE.
Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and date of birth) for the purpose of making payment through its financial institutions and complying with applicable international, national, federal, state, and local laws and regulations. They may also communicate directly with you regarding any issues with a payment.
If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact customer support via the email address made available to you in connection with the purchase. For purchases on the Service, you may contact email@example.com.
8. Intellectual Property Rights
All text, data, images, graphics, audio and/or video information and other materials within the Services provided by FIREFLY LIVE are property of FIREFLY LIVE 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 FIREFLY LIVE to you.
By using and/or uploading any live stream content or other content through a FIREFLY LIVE Services to publicly accessible areas of FIREFLY LIVE website, you grant to FIREFLY LIVE 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.
9. Terminating Services
To the fullest extent permitted by applicable law, FIREFLY LIVE reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to post User Content), and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use of the Services violates this Agreement or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these terms of Services, (iii) any policy or practice of FIREFLY LIVE in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.
You shall be fully responsible for any risks involved in using FIREFLY LIVE Services. Any use or reliance on FIREFLY LIVE Services will be at your own risk.
Under no circumstance does FIREFLY LIVE guarantee that the Services will satisfy your requirements, or guarantee that the Services will be uninterrupted. The timeliness, security and accuracy of the Services are also not guaranteed. You acknowledge and agree that the Services is provided by FIREFLY LIVE on an “as is” basis. FIREFLY LIVE make no representations or warranties of any kind express or implied as to the operation and the providing of such Services or any part thereof. FIREFLY LIVE shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Services and shall not be responsible for any consequences which may arise from your use of such Services.
FIREFLY LIVE does not guarantee the accuracy and integrity of any external links that may be accessible by using the Services and/or any external links that have been placed for the convenience of you. FIREFLY LIVE shall not be responsible for the content of any linked site or any link contained in a linked site, and FIREFLY LIVE 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, FIREFLY LIVE 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 FIREFLY LIVE.
FIREFLY LIVE 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 FIREFLY LIVE. However, as far as possible, FIREFLY LIVE shall reasonably attempt to minimize the resulting losses of and impact upon you.
11. Legal Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of HONG KONG, 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 HONG KONG International Arbitration Centre in accordance with the Arbitration Rules of the HONG KONG 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 HONG KONG. The language of the arbitration shall be English.
12. Request for information
All requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from any FIREFLY LIVE Services must be made using the appropriate level of legal process, and must be properly served on FIREFLY LIVE via Hong Kong Yabo Interactive Technology Co.,Ltd.
13. Modification of the Agreement
We amend these terms of the Agreement from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these terms, such as through a notice on FIREFLY LIVE platform. However, you should look at the Agreement regularly to check for such changes. Your continued access or use of the Services after the date of the new terms constitutes your acceptance of the new terms. If you do not agree to the new terms, you must stop accessing or using the Services.
14. Other Terms
This Agreement constitutes the entire agreement of agreed items and other relevant matters between both parties. Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement.
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.
The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement.
If you choose to create a FIREFLY LIVE account, FIREFLY LIVE may ask for your name (you may use your real name if you are comfortable to do so, and you may also use an alias), birthday, gender, hometown, bio, education, career, profile image, email address and cell phone number, so that we could identify you and provide better Services to you. Some of the aforementioned information is not mandatory.
If you create a FIREFLY LIVE account by connecting with a third-party service, such as Facebook, Twitter, Google, YouTube, Instagram or VK, or if you connect a FIREFLY LIVE account with a third-party account, we will use information from such third-party service, including your third-party service user name, gender, profile image and birthday.
Certain information will be displayed publicly on your profile page, such as your user name, your age and who you are following. Your recent videos will also be displayed publicly on your profile page.
We use your birthday to determine whether you have reached the minimum age to avail our Services. We use your contact information, such as your phone number, to authenticate your account, and keep your account as well as our Services secure. We use your background information, such as your hometown, to recommend contents that may interest you and to improve our Services.
If you provide us with your phone number or email address, you agree that we may send text messages to that phone number, or email to that email address. We will do so only in compliance with applicable laws and regulations. If you deactivate our Services, you will no longer receive any text or email from us.
You may choose to share with us your address book so that we can cross-reference with FIREFLY LIVE database and show you contacts who are also using FIREFLY LIVE.
A cookie is a small piece of data that is stored on your computer or mobile device. Like many other websites and mobile applications, FIREFLY LIVE will set or access FIREFLY LIVE cookies on your computer or mobile device.
We require your location information, such as your IP address, in order to set up and maintain connection and provide Services to you.
If your privacy settings allow, we will make recommendations using on your location information.
History and Data Storage
We will keep record of your interests, such as your viewing history, to recommend contents that may interest you. We will also keep record of the virtual gift you send or receive on FIREFLY LIVE for the gift system to function.
Any data we collected from you may be stored no longer than 15 days or other duration as we deem appropriate for rendering our service to you.
FIREFLY LIVE automatically receives and records additional information about your device, such as device model. We will use such information to detect abnormal activities and prevent security breach. We will also use such information to identify a banned account or device.
We require your bank information and other sensitive information in order to make payment to you. You shall be solely responsible for the accuracy of such information in order for us to process the payment.
Information Shared by You
Most communications on FIREFLY LIVE are public and some may be immediately viewed by others. Therefore, you should think twice before sharing any sensitive information.
Your group messages and private messages may also be monitored by us to prevent illegal activities. Your group messages and private messages (including any image or video contained) may be shared with law enforcement agencies if we are requested to do so.
FIREFLY LIVE is not directed to children, and if you are under the minimum age as specified in FIREFLY LIVE User Agreement, you may not create a FIREFLY LIVE account or use FIREFLY LIVE services.
FIREFLY LIVE has zero tolerance to any form of child abuse or exploitation. Your data (including group messages and private messages) may be shared with law enforcement agencies if we have reasonable grounds to believe that you have engaged in child pornography, or if we are requested to do so by law enforcement agencies.
In order to provide Services to our users all over the world, we operate globally. You hereby authorize us to transfer, store, and use your data in any country and region we operate, including but not limited to Hong Kong, the United States of America and the European Union. In doing so we shall ensure the security of your data.
How to Manage Your Personal Information
The privacy settings allow you to control whether or not to share certain information and whether you may be found by certain FIREFLY LIVE function.
You may download the short videos you have shared through our Services. If you need to download your short videos on a massive basis (more than 100 videos), please email us. You will need to use other services in order to record or download your live streaming that is conducted through our Services.
You may modify your account information on your profile page.
If you believe the personal information we have about you is inaccurate, you may also email us to update such inaccurate information.
You may also deactivate your account by emailing to us. Once your account is deactivated, you will not be able to restore your account again.
Please note that third parties may still retain copies of your information even after your account is deactivated.
I. The protection of user privacy is a fundamental policy of FIREFLY LIVE. FIREFLY LIVE guarantees that it will not publicly disclose or provide a third party with your non-public information, unless in the following circumstances as follows:
a) When prior express authorization is obtained from you;
b) When and as required by prevailing laws and/or regulations;
c) When and as required by relevant competent authorities of the government;
d) When it is necessary to safeguard the public interest;
e) When it is necessary to protect the safety of any person (including you);
f) When it is necessary to address fraud, security or technical issues;
g) When it is necessary to safeguard the legal rights and interests of FIREFLY LIVE.
II. FIREFLY LIVE may collaborate with a third party (an affiliate or otherwise) to provide you with relevant Services. In this scenario, FIREFLY LIVE has the right to share your information with a third party, if the third party agrees to bear responsibility for providing privacy protection no less favorable to that of FIREFLY LIVE.
III. Under the condition that no private information of an individual user is disclosed, FIREFLY LIVE has the right to analyze the entire user database and utilize the database for commercial purposes.
You may reach us via the following email address: firstname.lastname@example.org
FIREFLY LIVE is willing to cooperate with law enforcement agencies to combat crimes.
Due to security concerns, we are unable to accept requests for non-public user information that are served via email. Except for exigent emergency involving imminent danger to life, original document of the formal request (subpoena, search warrant, court order or other legal proceedings) and any supporting document (such as scan copy of identification card or police badges) must be served to the office address of FIREFLY Technology Pte. Ltd. (as indicated above) before the user information is released to the law enforcement agencies. We encourage law enforcement agencies to notarize the formal request to help us verify its authenticity. We will not release sensitive user information unless we are convinced of the authenticity of the request.
The formal request should: (a) identify the FIREFLY LIVE ID or UID of requested account, (b) identify the information requested, (c) indicate the purpose of the request or indicate that the purpose is confidential; and (d) state the legal basis for the request. If the formal request is not in English, we encourage the law enforcement agencies to provide an English translation.We will keep the existence of the request confidential if requested by the law enforcement agencies. However, we may take actions against any account that violates the User Agreement, including disabling the account.
We encourage law enforcement agencies to contact us via email (email@example.com) regarding the availability of user information before serving the formal request.