Please read carefully the following provisions of this agreement.
1. Special Notices
RazrTech SARL, company registered in Luxembourg (the “Company”) and its affiliates, welcomes you to memberwire.com (the “Website”)(the “Website”).
It is important to the Company that you and other visitors have the best possible experience while using the Website, and that, when you use the Website, you understand your legal rights and obligations.
Please read this agreement, which governs your use of the Website, including any content, functionality, and services offered on or through the Website. Your access to the Website is on the condition that you agree to this agreement.
For the purposes of this Agreement, you and MEMBERWIRE 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 MEMBERWIRE 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 18 years or older, and if you are not subject to statutory age limits to enter into this Agreement according to the applicable laws and regulations in your country. You may not falsely claim you have reached the minimum age.
1.4 These terms shall be read in conjunction with the MEMBERWIRE User Agreement. Except otherwise provided, all capitalized terms shall have the same meaning as defined in the MEMBERWIRE User Agreement.
2.1 You are responsible for the accuracy of information that you provide to MEMBERWIRE, and upon request from MEMBERWIRE, you must verify the accuracy of the information given.
2.2 You may not create MEMBERWIRE accounts for others, or allow others to use your MEMBERWIRE account. You shall immediately notify MEMBERWIRE if you discover unlawful use of your account by others.
2.3 In consideration of our Broadcasting Services, you agree that MEMBERWIRE has the right to place advertisements or other types of commercial information, including the MEMBERWIRE logo, in the streaming room.
2.4 While using our Broadcasting Services, you must abide by all applicable laws and regulations, and MEMBERWIRE 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 MEMBERWIRE 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 rumors, false or misleading information;
2.5.5 hateful speech or conduct, including any content that promotes 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 content that in the judgement of MEMBERWIRE 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 for obtaining 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 MEMBERWIRE has the right to review and monitor your broadcasting on MEMBERWIRE. MEMBERWIRE will evaluate your performance and give rewards based on various factors including streaming time, compliant issues, rewarded virtual gifts, etc. MEMBERWIRE shall have the right to comment and make suggestions about the performance content and you agree to make adjustments accordingly in three days.
2.11 If MEMBERWIRE, at its sole discretion, reasonably believes that you have violated the MEMBERWIRE Broadcasting Agreement, MEMBERWIRE 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 MEMBERWIRE discovers or reasonably suspects that any of your virtual gift is acquired in a fraudulent or illegal manner, or is in an abnormal status, MEMBERWIRE 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 person to create a second account for you.
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 MEMBERWIRE are property of MEMBERWIRE and 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 MEMBERWIRE to you.
3.2 By using and/or uploading any live stream content or other content through Broadcasting Services to publicly accessible areas of MEMBERWIRE website, you grant to MEMBERWIRE 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 derivative 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.
4.1 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 MEMBERWIRE 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 MEMBERWIRE on an “as is” basis. MEMBERWIRE makes 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. MEMBERWIRE 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 MEMBERWIRE does not guarantee the accuracy and legality of any external links that may be accessible by using the Broadcasting Services and/or any external links that have been placed for your reference only. MEMBERWIRE shall not be responsible for the content of any linked site or any link contained in a linked site, and MEMBERWIRE 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, MEMBERWIRE shall not bear any responsibility for the content of any webpage that you are directed to via an external link that is not under the control of MEMBERWIRE.
4.4 MEMBERWIRE 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 MEMBERWIRE. However, as far as possible, MEMBERWIRE shall reasonably attempt to minimize the resulting losses of and impact upon you.
5. Legal Jurisdiction
- This Agreement shall be governed by and construed in accordance with the laws of England, without regard to choice of law principles.
- Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the courts of competent jurisdiction located in England. Each party hereby submits to the personal jurisdiction of the courts of competent jurisdiction located in England to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
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.