GET IN TOUCH

VOOV – TERMS OF SERVICE

INTRODUCTION

Welcome to VOOV!

Your use of VOOV and the Content is subject to the terms of this Agreement between you and Tencent Mobility Limited (“we“,”us” or “our“).

This Agreement” comprises of: (a) this VOOV User Agreement, including the Prohibited Content Policy and VOOV Take Down Policy; and (b) the following agreements generally applicable to all users of Tencent services (excluding WeChat):

  • Terms of Service(“Tencent TOS“) – which sets out the general terms governing the relationship between you and us in relation to your use of VOOV;
  • Privacy Policy– which sets out how we collect, store and use your Personal Information in VOOV;
  • Acceptable Use Policy– which sets out rules of good behaviour applicable to your use of VOOV; and
  • General End User Licence Agreement(“EULA“) – which sets out terms applicable to your use of any software that we provide to you for your use of VOOV.

This VOOV User Agreement sets out additional service-specific terms for the purposes of the “Additional Terms and Policies” section of the Tencent TOS.

This VOOV User Agreement applies to all VOOV users. In addition, and as set out below, there may be further separate terms and conditions applicable to your use of VOOV depending on how you use VOOV.

You may only register with and/or use VOOV if you are at least 13 years old, provided that if you are still considered a minor under the laws of your country (usually if you’re still under 18 years old) you only do so with your parent or guardian’s consent thereto.

ABOUT VOOV

You may be able to access VOOV via the VOOV website, VOOV mobile applications and/or other VOOV software as offered by us from time to time.

In addition, we will also make available further information about VOOV (including in relation to VOOV requirements, pricing and features) within such website, mobiles applications and/or software.

Note that in certain territories, VOOV content may be viewable via other media, including on TV channels and/or third party websites or social media platforms (by way of embedding a web player or otherwise).

YOUR VOOV ACCOUNT

You may access VOOV by using your WeChat account or certain third party platform accounts as permitted by us (such WeChat or third party platform account of yours being, for the purposes of VOOV, your “VOOV Account“).

In addition to this Agreement (including the “Your Account” section of the Tencent TOS): (a) the “Your Account” section of the WeChat Terms of Service applies to your use of your WeChat account as a VOOV Account; and (b) your third party platform’s terms apply to your use of your third party platform account (if applicable) as a VOOV Account.

YOUR USE OF VOOV

You are able to use VOOV in different ways, including by purely viewing other users’ content therein, by sending comments, messages and/or virtual gifts to other users, and/or by uploading your own live-streams to VOOV for other users to view.  You acknowledge that your activity on VOOV is visible to all other VOOV users and possibly the greater public should we incorporate VOOV content into other media, such as third party websites, social media platforms or via television broadcasts (which you acknowledge may be the case in specific territories and you hereby agree thereto).

You have no right to sell any access to VOOV or its Content (or to sell any advertising, sponsorships or promotions placed on or within VOOV or its Content). Such prohibitions do not include you uploading original Content to VOOV that promotes your business or artistic enterprise.

We may update or change VOOV and/or this Agreement at any time in our sole discretion. Such changes or updates may include additional functionalities or limitations on your use of VOOV. Where reasonably practicable, we will provide notice to you of such updates or changes.

You may only use VOOV if you are in a country in which we are authorised to offer VOOV to you. You agree you will not circumvent any access or availability restrictions implemented by us in relation to such authorised countries, including by misrepresenting yourself as being in such countries. We may use various technologies to verify your location from time to time.

The Content

Subject to the terms of this Agreement, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to access the video, audio and other materials made available by us to you within VOOV (collectively, the “Content“), within the country that your VOOV Account is registered in and any other countries that we make VOOV available in from time to time (such licence being the “Licence“).

Due to licensing and other restrictions, we may be unable to offer VOOV and/or provide certain Content under the Licence to you if: (a) you are located in certain locations around the world; or (b) we otherwise do not have the rights to do so. The Content may also be subject to certain restrictions (including digital rights management and other technical and access restrictions) as implemented by us from time to time.

For the avoidance of doubt, any Content accessed by you is subject to the Licence, and you will not at any time have or acquire any ownership right in any Content (except as otherwise expressly specified under this Agreement). We may provide or withdraw Content at any time in our sole discretion. All Content may be offered on a live streaming or replay basis at our discretion.

Acceptable use of VOOV and the Content

Your use of VOOV and the Content is governed by the Acceptable Use Policy, as well as any other applicable provisions of this Agreement. In particular, you agree that you will not (except where we otherwise expressly permit you to do so within VOOV):

  • infringe our rights or any third party’s rights in VOOV or the Content (including any intellectual property rights, contractual rights, confidentiality rights or privacy rights);
  • download, copy, store, edit, change, prepare any derivative work of, or alter in any way, any of the Content available within VOOV (including altering any proprietary or legal notices within the Content or VOOV);
  • make any Content available outside of VOOV;
  • make VOOV available over any network where it could be accessed by any third parties;
  • circumvent any technology used by us or our licensors to protect VOOV or the Content; or
  • rent, lease or sublicense VOOV, or otherwise allow any third parties to access VOOV via your VOOV Account.

Promotional offers

We may from time to time offer promotions within VOOV. Such promotional offers are made available (and may be withdrawn) at our sole discretion and subject to any terms and conditions notified to you.

Your use of VOOV as a VJ

You may use VOOV to upload Content on a streaming basis – if you do so, you are a “VJ” (Video Jockey) for the purposes of this Agreement.

You agree that any Content you upload on VOOV is “Your Content” for the purposes of, and will be subject to the terms set out in the “Your Content” section of the Tencent TOS (as well as any other applicable terms in this Agreement). In particular, you agree that in relation to any Content you upload on VOOV, you:

  • are solely responsible for any such Content;
  • will at all times ensure that: (a) you have the rights required to submit, transmit or display any such Content , and to grant us the rights as set out in this Agreement; (b) such Content (and our use of such Content in accordance with this Agreement) does not infringe or violate the rights (including intellectual property rights) of any person or otherwise contravene any applicable laws or regulations; and (c) any such Content complies with our Acceptable Use Policy and Prohibited Content Policy;
  • are giving us and our affiliate companies the right to use such Content (including by allowing other users to access such Content via VOOV and possibly by displaying it publicly via other media channels and formats, such as television, third party websites and/or social media platforms);
  • understand that we do not make any guarantees in relation to any Content that you upload, including in relation to its confidentiality or how long it will be uploaded and publicly displayed for (if at all); and
  • understand that we may remove any Content and/or remove your eligibility to be a VJ, at any time for any reason and at our sole discretion.

You agree to comply with our Prohibited Content Policy and all applicable laws and regulations in your use of VOOV as a VJ.

You may also be subject to separate terms and conditions in relation to your use of VOOV as a VJ (depending on your territory, and as notified by us to you from time to time), including in relation to:

  • your eligibility to be a VJ;
  • any payments we may make to you as a VJ, including in relation to: (a) any payments made by any end users to us during a stream of your Content, and (b) whether any payments made to you are made by us or our appointed third party agents; and
  • restrictions on your use of VOOV or the Content you may upload as a VJ.

Such separate terms and conditions are incorporated as part of this Agreement, and you agree to comply with all such separate terms and conditions in your use of VOOV.

We may withdraw your eligibility to be a VJ and/or to upload Content at any time at our sole discretion, including if you have breached (or we believe you have breached) this Agreement (including the Prohibited Content Policy).

Uploading Paid Content

VJs may be eligible to upload Content that is only available to viewers who have paid us a designated amount of Virtual Coins (such Content being “Paid Content“).

In order to be eligible to upload Paid Content, you must fulfil certain criteria as designated by us. In addition, your eligibility to upload Paid Content is always subject to our sole discretion.

YOUR PAYMENTS TO US

You may need to make payments to us in order to access certain parts or features of, or Content within, VOOV. The terms in this section apply if you make any such payments to us.

Billing and pricing

You must provide us with a valid and current payment method. Such payment method must be a payment method that we accept, as made available by us to you from time to time. If your payment method is not valid for any reason (whether due to credit card expiration, insufficient funds or otherwise), you remain responsible for any outstanding amounts (and such obligation shall survive any expiry or termination of this Agreement).

We may adjust the pricing for any features (including Virtual Coins) of VOOV at any time and in any manner from time to time, in our sole discretion. Such adjustment may be due to promotional offers, any change in your location and/or for any other reason.

Any amounts you pay to us is exclusive of applicable taxes, and you agree that we may bill you for any such applicable taxes.

Further information about billing and pricing for VOOV is set out within VOOV from time to time.

To the extent permitted by applicable laws and regulations, all payments from you to us are non-refundable and non-creditable.

Virtual Coins

You may make certain payments within VOOV using “Virtual Coins“. Virtual Coins can only be purchased and used within VOOV; they have no value and cannot be used outside of VOOV (i.e. they cannot be used in any other Tencent or third party services).

The “real money” price of Virtual Coins is as set out within VOOV and we may change such pricing at any time upon publication within VOOV. You may pay for Virtual Coins using your local currency only. We may process your payments using a third party payment processor and if so, the processing of your payment to us is subject to the relevant third party payment processing platform’s terms, as well as this Agreement.

Once purchased, the Virtual Coins are stored within your VOOV Account for your use within VOOV from time to time, in accordance with any terms and instructions as notified by us to you. You may check your balance of Virtual Coins from time to time within your VOOV Account page.

You may use Virtual Coins to pay for accessing Paid Content, make payments during a stream of Content (including sending virtual gifts or messages to VJs via us), or to use certain functions within VOOV.  You understand that all such payments are made to us only, and that although we may in some instances pay the relevant VJ a percentage of your payment to us (as may be agreed between us and the relevant VJ), you will under no circumstance be making any direct payment to any VJ.

Your Virtual Coins are valid until they are used by you or until this Agreement is terminated by us.

INTELLECTUAL PROPERTY AND THIRD PARTY TERMS

You agree to comply with the EULA and any other applicable provisions of this Agreement in your download and use of any VOOV software.

You also agree to comply with the “Our Intellectual Property Rights” and “Use of your device by our services” sections of the Tencent TOS and any other applicable provisions of this Agreement.

Your use of any VOOV software and the Content may be subject to third party terms, as notified by us to you from time to time. These third party terms may relate to your use of certain third party services, components or content within VOOV, including in relation to the payment methods (provided by third parties) that you may use to pay for services within VOOV. You agree to comply with all such third party terms, as well as the “Third Party Content and Services” section of the Tencent TOS and any other applicable provisions of this Agreement.

We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any copyright infringement-related concerns, please see our Take Down Policy. If you have any other infringement-related concerns, please contact us via email at support@voov.thewebsiteengineer.com.  To report a user or a broadcast that contravenes this Agreement you can also do so within VOOV itself via the relevant user’s VOOV Account and/or the general ‘feedback’ option.

TERM AND TERMINATION

This Agreement will apply, as between you and us, until either you or we terminate your access to VOOV.

We may suspend or terminate your access to VOOV at any time in accordance with the “Termination” section of the Tencent TOS.

WARRANTY, DISCLAIMER AND LIABILITY FOR OUR SERVICES

The terms set out in the “Warranty and Disclaimer” and “Liability for Our Services” sections of the Tencent TOS will apply in relation to VOOV (and your use of VOOV).

GENERAL

This Agreement is the entire agreement between you and us in relation to VOOV (and your use of VOOV). You agree that you will have no claim against us for any statement which is not explicitly set out in this Agreement.

The terms set out in the “Governing Law and Dispute Resolution” section of the Tencent TOS will apply in relation to this Agreement and any dispute between you and us.

Terms SPECIFIC TO USERS IN AFRICA

If you are a user of VOOV in Africa, the below terms are incorporated into this Agreement, and override this Agreement to the extent of any inconsistency:

Our affiliate entity, THL MIH Ltd (incorporated in Hong Kong), is a third party beneficiary under this Agreement, entitled to enforce the provisions hereof over users based in Africa, without having to formally accept the benefit hereof (it being recorded for clarity however that it has no obligations or duties whatsoever under this Agreement or otherwise in relation to VOOV).

If you are a South African user specifically, you agree to the following additional terms:

  • You acknowledge that select VOOV-related activity may be televised on DSTV (via a dedicated TV channel or otherwise) which means that your activity on VOOV and any Content you upload onto VOOV (be it your own live-streams, or messages or virtual gifts you may send to others) may be so televised and be visible to the greater public (in South Africa and such other regions in which such DSTV channel is viewable) and you hereby consent to your Content being so televised.
  • You further acknowledge that neither we nor DSTV are under any obligation to televise your Content nor will you be entitled to any remuneration should your Content be so televised, unless otherwise agreed with us in writing.
  • Considering the possibility that your Content may be televised, you should be cautious about disclosing personal details about yourself or others, or discussing your or their personal issues, and you are subject to certain additional use requirements, as indicated in the Prohibited Content Policy.