Livetree

Creative Content Creator Agreement
Effective Date: 22-08-2021

1. Special Notices
1.1 This Livetree Creative Content Creator Agreement (this “Agreement”) governs your usage of our live streaming services, via which you could broadcast on LIVETREE (hereinafter, “Creation Services”). You are one party and the other party is Livetree Community Ltd. (“we” or “LIVETREE”), a company with its registered address at 1 Vincent Square, London, United Kingdom, SW1P 2PN. For the purposes of this Agreement, you and LIVETREE will be jointly referred to as the “Parties” and respectively as a “Party”.
1.2 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.
1.3 While using our Creation Services, you are deemed to be our vendor and must abide by all applicable laws and regulations, and LIVETREE 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.
1.4 These terms shall be read in conjunction with the LIVETREE User Agreement. Except otherwise provided, all capitalised terms shall have the same meaning as defined in the LIVETREE User Agreement.

2. Terms of Use
2.1 You are responsible for the accuracy of information that you provide to LIVETREE, and upon request from LIVETREE, you must verify the accuracy of the information given.
2.2 While using our Creation Services, you must abide by all applicable laws and regulations, and LIVETREE community guidelines, which may be updated from time to time at our sole discretion.
2.3 You may not create LIVETREE accounts for others, or allow others to use your LIVETREE account. You shall immediately notify LIVETREE if you discover unlawful use of your account by others.
2.4 In consideration of our Creation Services, you agree that LIVETREE has the right to place advertisements or other types of commercial information, including the LIVETREE logo, in the streaming room.
2.5 You may only share information that you are comfortable sharing with the public. You may not distribute via LIVETREE 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 depicting, encouraging or assisting suicide or self-harm;
2.5.3 false, misleading information or rumours;
2.5.4 excessively violent, including any content that is related to death or serious injury;
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 abusive, libellous, or otherwise harassing other people or group;
2.5.8 related to gambling, abortion, weapon, or other highly explosive subject matter;
2.5.9 junk mail, spam or other unsolicited advertisement;
2.5.10 other content that in the judgement of LIVETREE are negative contents or otherwise not suitable for distribution.
2.6 You may not impersonate any other individual, entity, governmental agency or organisations.
2.7 You may not publish or distribute other people’s private information without their express authorisation 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 LIVETREE has the right to review and monitor your broadcasting on LIVETREE. LIVETREE will evaluate your performance and give rewards based on various factors including streaming time, compliant issues, rewarded virtual gifts, etc. LIVETREE 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 LIVETREE, at its sole discretion, reasonably believes that you have violated the LIVETREE Broadcasting Agreement, LIVETREE 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 LIVETREE discovers or reasonably suspects that any of your virtual gift is acquired in a fraudulent or illegal manner, or is in an abnormal status, LIVETREE 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.
2.14 If you violate any Terms of Use, you shall indemnify and hold harmless of LIVETREE against any liability resulting from a claim by a third party in relation to your violation.

3. Intellectual Property Rights
3.1 All text, data, images, graphics, audio and/or video information and other materials within the Creation Services provided by LIVETREE are property of LIVETREE 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 LIVETREE to you.
3.2 By using and/or uploading any live stream content or other content through Creation Services to publicly accessible areas of LIVETREE website, you grant to LIVETREE 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. Disclaimers
4.1 You shall be fully responsible for any risks involved in using Creation Services. Any use or reliance on Creation Services will be at your own risk.
4.2 Under no circumstance does LIVETREE guarantee that the Creation Services will satisfy your requirements, or guarantee that the Creation Services will be uninterrupted. The timeliness, security and accuracy of the Creation Services are also not guaranteed. You acknowledge and agree that the Creation Services is provided by LIVETREE on an “as is” basis. LIVETREE makes no representations or warranties of any kind express or implied as to the operation and the providing of such Creation Services or any part thereof. LIVETREE shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Creation Services and shall not be responsible for any consequences which may arise from your use of such Creation Services.
4.3 LIVETREE does not guarantee the accuracy and legality of any external links that may be accessible by using the Creation Services and/or any external links that have been placed for your reference only. LIVETREE shall not be responsible for the content of any linked site or any link contained in a linked site, and LIVETREE 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, LIVETREE 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 LIVETREE.
4.4 LIVETREE 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 LIVETREE. However, as far as possible, LIVETREE shall reasonably attempt to minimize the resulting losses of and impact upon you.

5. Legal Jurisdiction
5.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales in the United Kingdom, 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 courts of England and Wales in accordance with the Arbitration Rules of the High Court in London for the time being in force, which rules are deemed to be incorporated by reference in this clause. The language of the arbitration shall be English. To make a request, please contact legal@livetree.com.

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.