Please read carefully the following provisions of this agreement.
1. Special Notices
This Broadcaster Agreement (this “Agreement”) governs your usage of our live streaming services, via which you could broadcast on Xuppi (hereinafter, “Broadcasting Services”). You are one party and the other party RazrCorp Group Limited, company registered in England (Including its wholly-owned subsidiary “RazrCorp (India) Private Limited”, company registered In India and /or their affiliates (the “Company”) trading as the website Xuppi.com or Xuppi.
For the purposes of this Agreement, you and XUPPI 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 XUPPI community guidelines, which may be updated from time to time at our sole discretion. By continuing to perform as a 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 XUPPI User Agreement. Except otherwise provided, all capitalized terms shall have the same meaning as defined in the XUPPI User Agreement.
2.1 You are responsible for the accuracy of the information that you provide to XUPPI, and upon request from XUPPI, you must verify the accuracy of the information given.
2.2 You may not create XUPPI accounts for others, or allow others to use your XUPPI account. You shall immediately notify XUPPI if you discover unlawful use of your account by others.
2.3 In consideration of our Broadcasting Services, you agree that XUPPI has the right to place advertisements or other types of commercial information, including the XUPPI logo, in the streaming room.
2.4 While using our Broadcasting Services, you must abide by all applicable laws and regulations, and XUPPI 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 XUPPI 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 rumours, 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 a 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, libellous, or otherwise harassing other people or group;
2.5.9 spam, junk mail or another unsolicited advertisement;
2.5.10 other content that in the judgement of XUPPI are negative contents or otherwise not suitable for distribution.
2.6 You may not impersonate any other individual, entity, governmental agency or organization.
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 XUPPI has the right to review and monitor your broadcasting on XUPPI. XUPPI will evaluate your performance and give rewards based on various factors including streaming time, compliant issues, rewarded virtual gifts, etc. XUPPI 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 XUPPI, at its sole discretion, reasonably believes that you have violated the XUPPI Broadcasting Agreement, XUPPI 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 XUPPI discovers or reasonably suspects that any of your virtual gifts is acquired in a fraudulent or illegal manner, or is in abnormal status, XUPPI 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 XUPPI are property of XUPPI 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 XUPPI to you.
3.2 By using and/or uploading any live stream content or other content through Broadcasting Services to publicly accessible areas of XUPPI website, you grant to XUPPI 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 XUPPI 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 XUPPI on an “as is” basis. XUPPI 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. XUPPI 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 XUPPI 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. XUPPI shall not be responsible for the content of any linked site or any link contained in a linked site, and XUPPI 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, XUPPI 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 XUPPI.
4.4 XUPPI 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 XUPPI. However, as far as possible, XUPPI shall reasonably attempt to minimize the resulting losses 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 an 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.