IAMON Live TERMS OF SERVICE

Last Updated: December 12, 2023
IMPORTANT - Please carefully review the IAMON Live Terms of Service (referred to as "Terms") before utilizing the IAMON Live mobile application service (referred to as the "Service"). These Terms establish a legally binding agreement between you and IAMON Live (referred to as the "Company" or "we" or "us"). To use IAMON Live or any other products or services provided by the Company, you must consent to the Terms and the IAMON Live Privacy Policy. Both are presented to you (i) upon your initial app opening and (ii) when we implement any substantial changes. If you do not agree to these Terms or our Privacy Policy, please refrain from using the Service and promptly contact us to terminate your account, whether as a guest or a registered user.

1. General Terms & Conditions
A. Changes to These Terms: We retain the right to modify these Terms at any time. In the event of changes, we will make our best efforts to notify you in advance, although this may not always be feasible. Your continued use of the Service after such revisions will be construed as your acceptance of the updated Terms. If you disagree with any of these Terms, please delete your account immediately, thereby terminating these Terms accordingly.
B. Additional Agreements & Terms: Your access to and use of the Service is also subject to our Privacy Policy, Community Policy, and other Policies (collectively referred to as "Additional Agreements"), accessible in the App and on the IAMON Live website (www.iamon.live).
C. User Eligibility: The Service is restricted to individuals under the age of 18 or users previously removed or banned from the Service. By using the Service, you confirm that: (i) you are eligible to legally enter a binding contract with IAMON Live; (ii) you are not barred from receiving the Service under the laws of Germany, the Netherlands, the United States, the United Kingdom, or any other applicable jurisdiction; (iii) you will comply with these Terms and all applicable laws. If you use the Service on behalf of a business or entity, you confirm that you are authorized to grant all licenses outlined in these Terms and agree to these Terms on behalf of the business or entity.

IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, AS REQUIRED BY LAW, YOU ARE PROHIBITED FROM USING THE SERVICE AND MUST TERMINATE YOUR ACCOUNT AND DELETE THE APP IMMEDIATELY IF ALREADY INSTALLED.

Mobile Service: The Service is accessible via mobile phones, tablets, or other wireless devices (collectively, "Mobile Service"). Your use of the Mobile Service acknowledges and accepts your mobile carrier's normal messaging, data, and other rates and fees, which may apply. You are solely responsible for verifying with your mobile carrier the availability of the Mobile Service for your devices and any applicable restrictions or additional costs.
License: The Company grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service as permitted by these Terms. You must not copy, modify, distribute, sell, or lease any part of our Service, nor attempt to extract the source code of the software, unless you have our written permission.
Company Trademarks; Copyrights: Respect the rights of the Company and its affiliates. These Terms do not grant you the right to: (i) use branding, logos, designs, photographs, videos, or any other materials used in our Service; (ii) copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Service or its content without authorization; (iii) use the Service, its tools, or content for commercial purposes without our consent.
No Transfer or Assignment: You may not transfer or assign the Service, these Terms, and/or any rights or obligations hereunder without our prior written consent.
Termination for Breach: If you breach any obligations under these Terms and any Additional Agreements, we may terminate your account and confiscate any Virtual Items. We reserve the right to ban your account or device ID and confiscate any Coins and Gifts if we determine fraudulent or injurious methods were used, or if your actions violate laws, regulations, community policies, contest rules, or terms of use. We reserve the right to pursue civil and criminal charges and penalties in such cases.
Reservation of Rights: The Company reserves all rights not expressly granted to you in this Section 1. Nothing in these Terms or on the Service will be construed as granting you, by implication, estoppel, or otherwise, any additional license rights in and to the Service or any Company Content or trademarks displayed therein.

2. IAMON Live User Accounts
A. Account Creation: To enjoy the full benefits of the Service, please establish an IAMON Live account. Refrain from using someone else's account without proper authorization. When creating your account, ensure the provision of accurate and complete information. You bear responsibility for the activities within your account, including the protection of your password and credentials. If you suspect any unauthorized use, promptly inform the Company at: contact@iamon.live.
B. Terms of Service; Users: All individuals using the Service to view and/or transmit User Content are collectively denoted as "Users."
C. Content Publicity: The Service empowers Users to generate, transmit, and view live-streaming audiovisual content (referred to as "Broadcast Content"). All User activities within the Service, including broadcasting and commenting, are publicly accessible. Users are advised to exercise discretion, as they are solely accountable for their activities within the Service.

3. User Content
A. Definitions: "User Content" encompasses any content, whether publicly displayed or not, that Users upload, post, or transmit to or through the Service. This includes Broadcast Content, comments, photographs, sound recordings, and private communications, excluding "Company Content" provided by the Company.
B. No User Content Screening: While we aim for User Content compliance with our Community Guidelines, we do not pre-screen User Content. We retain the right to delete, disallow, or temporarily block any User Content violating these Terms, our Community Guidelines, or applicable laws, with or without notice. The accuracy, integrity, truthfulness, appropriateness, or quality of any User Content is not guaranteed by the Company, and reliance on User Content is at your own risk.
C. User Content Ownership; License: You own and retain rights to User Content posted and displayed in the Service, but you grant us a worldwide, assignable, sublicensable, royalty-free license to reproduce, distribute, publicly display, transmit, communicate to the public, make available, create derivative works from, and otherwise exploit User Content for advertising, marketing, promoting the Company, displaying and sharing User Content to other Users, and providing the Service as authorized by these Terms. If you terminate your account or remove User Content after Posting, your license grant is perpetual and irrevocable. You further grant us and our affiliates an unrestricted, worldwide, royalty-free license to use your username, image, voice, and likeness to identify you as the source of User Content. User Content posted is considered non-confidential and non-proprietary.
D. Third Party Products and Services: The Service may contain third-party advertisements and promotions. By accessing the Service, you agree that we, our affiliates, and third-party partners may place advertising and promotions, including personalized advertising based on information provided or collected from you. If you choose to use third-party services displayed on IAMON Live, comply with their terms of service and privacy policy. We do not guarantee the security, accuracy, or validity of third-party services, and we are not responsible for losses arising from third-party services.
E. User Content Restrictions: By Posting User Content, abide by these restrictions: (i) own or have the right to grant the license; (ii) User Content must not violate the rights of any person or entity; (iii) Posting must not require further licenses, royalties, fees, or attribution to third parties; and (iv) Posting must not breach contracts or violate applicable laws.
F. Waiver of Rights to Inspect or Review User Content: By Posting User Content, you waive any rights to prior inspection or approval of marketing or promotional materials related to such User Content. You also waive rights of privacy, publicity, or any similar rights. To the extent moral rights are not transferable or assignable, you waive and agree never to assert moral rights.
G. User Comments: User Content may be distributed, viewed, accessed, and commented on by other Users, and we are not liable for any unauthorized use of User Content or comments by any User.
H. Prohibited Content: Posting any User Content considered "Prohibited Content" is prohibited and determined solely by us. This includes sexually explicit material, violence and bullying, hate speech, sensitive events, unlawful activity, and IP infringement.
I. Company Action: We retain the right to remove or refuse to post any User Content deemed Prohibited Content. Actions against Users posting Prohibited Content may include warnings, suspension or termination of accounts, removal of User Content, and reporting to law enforcement. We may access, read, preserve, and disclose information to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms; (iii) detect, prevent, or address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of Users and the public. We do not disclose personally identifying information to third parties except as outlined in our Privacy Policy.

4. Privacy
Our Privacy Policy, available at https://www.iamon.live, comprehensively outlines the procedures for managing your information when utilizing the Service. We urge you to carefully review our Privacy Policy. By acknowledging it, you consent to the collection, processing, and/or transfer of your information, even beyond the borders of the country in which you reside, including to countries that might not have the same data protection laws as your country of residence.

5. Copyright Infringement
We are committed to strict compliance with Copyright Law, and we require our Users to follow suit. Consequently, we take prompt measures to remove any infringing material from our Service upon becoming aware of it. Additionally, in cases where we identify a User engaging in repeated copyright infringement, we will take steps to terminate the User's account.
If you believe that any content within the Service infringes upon a copyright that you own or have the right to, you can report the suspected infringement by submitting a notice to our designated Copyright Agent at: law@iamon.live

6. General Use of the Service
A. Our Service is continually evolving and improving, allowing us to add or remove features, products, or functions. We may also choose to permanently or temporarily suspend or discontinue the Service or any features within it at any time. While we strive to notify you before such incidents occur, it might not always be possible.
B. By using the Service, you agree to the following:
1.You will not distribute any part of the Service or the Company Content in any medium without our prior written authorization unless we provide means for such distribution through functionality offered by the Service, along with a public statement authorizing you to do so.
2.You will not alter or modify any part of the Service.
3.You will not attempt to circumvent any content-filtering techniques we employ or try to access areas or features of the Service for which you are not authorized.
4.You will not use the Service for any commercial purposes unless you obtain our prior written approval. This includes (a) selling or providing access to the Service, and (b) selling advertising, sponsorships, or promotions on or within the Service, User Content, or Company Content.

7. Sharing on IAMON Content Network

A. The Service may concurrently share your live Broadcast Content, any content created by you, and all your personal information with applications under IAMON Content Network (LCN) (referred to as the "Sharing Feature"). These applications are owned and operated by us, our associated affiliates, or our third-party partners. Details about the LCN and a comprehensive list of LCN applications can be found here. You can choose to deactivate this feature at any time by contacting us. The use of the sharing feature is entirely at your own risk, and neither the Company nor our affiliates, officers, directors, employees, agents, suppliers, and licensors shall have any liability in connection with your activities on such third-party platforms. You acknowledge that your activity is always subject to, and you hereby consent to, all Standard Terms and Policies of such applications, including but not limited to its Terms & Conditions, Privacy Policy, and Community Policy. Please read their Standard Terms and Policies to learn more about their practices.

B. If you do not contact us to deactivate the Sharing Feature, we assume you understand and agree that:
1. You have read and understood the details of their Standard Terms and Policies, including but not limited to its Terms & Conditions, Privacy Policy, and Community Policy.
2. You are voluntarily activating the Sharing Feature and broadcasting on these third-party platforms, and you are solely responsible for all risks associated with such activity.
3. The Company, and our affiliates, officers, directors, employees, agents, suppliers, and licensors will not be held liable for any direct or indirect damages, loss of profits or revenues, loss of data, use, goodwill, or other intangible assets, resulting from: (a) your use of the Sharing Feature or inability to use it; (b) your access to or inability to access the Sharing Feature or any features contained therein; (c) the conduct or content of other users or third parties on or through such third-party platforms; or (d) unauthorized access, use, or alteration of your content due to your use of the Sharing Feature.

8. Features of the Service - Virtual Items
A. The Service introduces a feature that enables users to purchase (a) virtual currency (non-convertible, no cash value, non-refundable), including but not limited to virtual coins ("Coins") for use in the Service; or (b) virtual in-Service items ("Gifts"). Any Coins and/or Gifts credited to users within the Service are converted to Virtual "Diamonds" in the receiving user's account. Virtual Coins, along with Gifts and Diamonds, are collectively referred to as "Virtual Items." The lawful purchase of any Virtual Items must be made through legitimate means with actual currency. Illegally or fraudulently obtaining any Virtual Items will result in the suspension, freezing, or termination of the user account. Despite your purchase or possession of Virtual Items, you do not, in reality, 'own' these items, and the amount of any Virtual Item does not indicate any credit balance of real currency or its equivalent. Instead, the Company grants you a limited license to use the Service, including software programs that may manifest themselves as these items.
B. While using the Service and Virtual Items, users may send Gifts to other users, resulting in revenue to the recipient user's account (the "Transfer"). The Transfer is made solely at the sender's discretion, and once completed, it cannot be undone, with the Virtual Item being non-refundable. The Company does not guarantee that the virtual value of the Virtual Items given to a user will correlate with the revenue they may receive upon cashing out.
C. The purchase of Virtual Items in the Service is considered completed upon the Company's confirmation of electronic payment through iTunes App Store or Google Play Store. Any virtual currency (non-convertible) balance displayed in the user's account does not represent or reflect any currency value but rather measures the extent of the user's ability to use the Virtual Items within the Service. Users cannot sell Virtual Items in exchange for virtual or real currency credited back to their accounts, nor can they receive a refund of virtual or real currency for Virtual Items upon the suspension or termination of their accounts.
D. The value of Virtual Items within the Service is determined at the Company’s sole discretion. The Company reserves the right to adjust the purchase exchange rate between actual currency and Virtual Items (the "Exchange Rate") at any time in any applicable region. The Company does not guarantee that the price of Virtual Items or the Exchange Rate will be the same in different regions. By using the Service, you confirm your understanding of and agree to accept the then-current Exchange Rate of any Virtual Item at the time of your purchase.
E. By using the Service, you agree that your use of any purchased Virtual Items shall be solely for legitimate purposes within the Service, and such use will comply with all applicable laws and regulations, platform policies, and community guidelines at all times.
F. By using the Service and Virtual Items, you confirm your understanding that the Virtual Items are products for sale offered within the Service and should be purchased with actual currency. If you disagree with or do not fully understand our policy, do not purchase or use any Virtual Items in connection with the Service, and do not engage in the Service in any way.
G. By your use of the Service and particularly Virtual Items, you confirm your understanding that we may change, modify, or update these Terms, or the terms of sale in connection with the Virtual Items from time to time, and that such revised terms will apply to all subsequent purchases of any Virtual Items. You agree that you have reviewed and agreed to these Terms and any terms regarding the sale of Virtual Items before making any purchase.
H. In the event your account balance is incorrect due to system maintenance or other technical failures, as determined solely by us, we agree to make all necessary corrections and adjustments to your account balance. If you have any questions, concerns, or suggestions regarding purchases and/or payments regarding the Service, you may contact us at contact@iamon.live.
I. User Inactivity: If your account remains inactive for six (6) consecutive months, all of your Virtual Items may be frozen. To unfreeze any such Virtual Items, you must email us at contact@iamon.live and request that we unfreeze your account. Upon receipt of your request and review of your information, we will unfreeze your Virtual items within three (3) business days.

9. Confiscation of Virtual Items Due to Termination or Fraud
A. IMPORTANT: Fraud is treated with the utmost seriousness. Alongside taking all necessary legal actions, we reserve the right to permanently confiscate any Virtual Items from any User Account that we determine were purchased or acquired through fraudulent means. This includes, but is not limited to, the confiscation of any Gifts received by you from another User if these Gifts were obtained fraudulently. In the event that we identify Virtual Items in your possession as fraudulently acquired, we will provide you with prior notification before confiscation and afford you an opportunity to appeal through the App.
B. If your account is terminated due to fraud, any remaining Virtual Items in your account at the time of termination may be irrevocably confiscated, following the guidelines outlined in our Account Termination Policy specified below.

10. VIP Membership
A. Users have the option to enhance their account by upgrading to a VIP membership, providing access to supplementary "bonus" features and privileges within the Service. Specific guidelines for the VIP membership can be located in the VIP section within the App.
B. The initiation or termination of the VIP membership is a process managed through the Google Play Store or iTunes App Store and may be subject to sales tax in your region. It is your responsibility to review the Terms of Service of your app store for detailed information and the applicability of sales tax.
C. If you believe that the IAMON VIP membership service infringes on a copyright that you own or are entitled to, you can report the suspected infringement to us. We will make every effort to resolve it in accordance with applicable laws. Please refer to the Copyright Infringement section of the Terms for detailed information.
D. Activation or renewal of our VIP Membership is exclusively available through our App and will automatically conclude at the end of the specified activation period. Please refer to the VIP section in your account for further details.

11. Terms and Termination of These Terms
A. Terms: The terms of the Service ("Terms"), effective from the date of your initial use of the Service, will endure until the Service is terminated by either you or the Company. The Terms may undergo periodic amendments.
B. Termination: You can terminate these Terms by discontinuing your account, uninstalling the app from any installed mobile devices, and ceasing all other uses of the Service. It's essential to note that deleting your User Content using the app's permitted functions does not terminate the Terms. The Company retains the right to limit, suspend, or terminate these Terms and your access to the Service without prior notice or liability if you violate any laws or regulations, breach the Terms, contravene our Community Policy, or infringe upon the rights of any third-party copyright owner. We will make reasonable efforts to notify you of such termination via the email address linked to your account or upon your next attempt to access the account, depending on the circumstances, although this may not always be possible.
C. Confiscation: By using the Service, you agree that in the event of the termination of your account, all User Content and Virtual Items stored in your Service account will be confiscated. Non-compliance with the Terms may result in the forfeiture of your account and its associated assets.
D. Appeal: Should we terminate your account or confiscate any Virtual Items within your User account, you will be given an opportunity to appeal. Information about the appeal process will be provided through the app at the time of termination or Virtual Item confiscation.
E. Survival: If any provision is deemed null and void under applicable laws or regulations, the remainder of the Agreement will remain in effect.

12. Consent to Electronic Communications
By using the Service, you provide your consent to receive specific electronic communications from us, as elaborated further in the IAMON live Privacy Policy. To understand more about your options regarding our electronic communication practices, please carefully review the IAMON live Privacy Policy. You acknowledge that any notices, agreements, disclosures, or other communications sent to you electronically by us will meet all legal communication requirements, including the stipulation that such communications be in writing.

13. Applicable Law and Jurisdiction
These Terms of Service, along with any separate agreements through which we offer you Services, are subject to interpretation and enforcement in accordance with the laws of the United Kingdom. Disputes arising from this Agreement will be under the jurisdiction of the courts where the defendant is domiciled. If you do not agree with this provision, it is imperative that you refrain from using the Service.

14. Disclaimers and Limitation of Liability
A. The Service is provided on an "as is" and "as available" basis, and, to the extent permitted by law, without warranties of any kind, whether expressed explicitly or implied. This includes, but is not limited to, implied warranties, conditions, or other terms related to (i) merchandise, customer satisfaction, non-infringement, or (ii) arising from purchase activities. While the Company aims to deliver a positive user experience, it does not guarantee or warrant that: (a) the Service will always be secure, error-free, or timely; (b) the Service will function without delays, disruptions, or imperfections; or (c) any content or information obtained through the Service will be timely or accurate.
B. To the maximum extent permitted by applicable law, the Company, and its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, and licensors will not be liable for: (i) any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible assets, resulting from (a) your use or inability to use the Service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Service; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (e) any errors or omissions in any content or information, for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (f) user content or the defamatory, offensive, or illegal conduct of any third party.
C. In no event shall the Company, and its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to the Company hereunder or $100.00, whichever is greater.
D. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
E. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

IF THE LAWS OF THE COUNTRY WHERE YOU RESIDE DO NOT PERMIT ANY LIMITATION ON LIABILITY AS OUTLINED IN THIS CLAUSE, THIS PROVISION WILL NOT BE APPLICABLE.

15. Indemnification
You commit to indemnify and safeguard the Company, including its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, and licensors, against any claims or demands, including reasonable legal fees, brought forth by any third party due to or stemming from your use of the Service, violation of the Terms, breach of applicable laws or regulations, infringement of the rights of others, or any assertion that materials you submit or transmit through the Service infringe upon the intellectual property or other rights of any third party.

16. Feedback
We encourage feedback, comments, and suggestions for enhancing the Service. Feel free to share your input by emailing us at feedback@iamon.live. By providing feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control. This license allows us to use, copy, modify, create derivative works based upon, and otherwise exploit the feedback for any purpose.

17. Contact Information
For any questions about the Terms, please contact us at contact@iamon.live.