Tomato Live User Agreement
Welcome to read the "APP User Service Agreement" (hereinafter referred to as "this agreement"). The terms and conditions set forth in this agreement apply to the various products and services that you (hereinafter referred to as the "user") use APP.
1. Special Notices
1.1 This Tomato Live User Agreement (this “Agreement”) governs your usage of our services, (hereinafter, “Services”) including Tomato Live App, a social application network developed by us.
1.2 By using our Services, or by clicking on "Sign Up" during the registration process, you agree to all terms of this Agreement. We, at our sole discretion, may revise this Agreement from time to time, and the current version will
be found at the following link: About us>User Agreement. By continuing to avail our Services, you agree to be bound by the revised Agreement.
1.3 You may only use our Service if you are 18 years or older, and if you are not subject to statutory age limit to enter into this Agreement according to the applicable laws and regulations in your country. If you are below the aforementioned
minimum age, you may only use Tomato Live if your guardian has provided us with valid consent for you to use Tomato Live. You may not falsely claim you have reached the minimum age.
1.4 You shall be solely responsible for the safekeeping of your Tomato Live account and password. All behaviors and activities conducted through your Tomato Live account will be deemed as your behaviors and activities for which you shall be
solely responsible.
1.5 We do not accept payments or do business with individuals or entities in Cuba, Iran, North Korea, Sudan, Syria, and the Crimean region. If you are from such regions, you may be prohibited from using the Services.
2. Services Content
2.1.We reserve the right to change the content of our Services from time to time, at our discretion, with or without notice.
2.2 Some of the Services provided by Tomato Live require payment. For paid-for Services, Tomato Live will give you explicit notice in advance and you may only access such Services if you agree to and pay the relevant charges. If you choose
to decline to pay the relevant charges, Tomato Live shall not be bound to provide such paid-for Services to you.
2.3 Tomato Live needs to perform scheduled or unscheduled repairs and maintenance. If such situations cause an interruption of paid-for Services for a reasonable duration, Tomato Live shall not bear any liability to you and/or to any third
parties. However, Tomato Live shall provide notice to you as soon as possible.
2.4 Tomato Live has the right to suspend, terminate or restrict provision of the Services under this Agreement at any time and is not obligated to bear any liability to you or any third party, if any of the following events occur:
2.4.1 You are under the minimum age in order to receive Tomato Live services;
2.4.2 You violate the Terms of Use stipulated in this Agreement;
2.4.3 You fail to make a payment for using paid-for Services.
2.5 EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, Tomato Live MAKES NO WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT AND Tomato Live HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER
STATUTORY, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE, REGARDING SUCH SUBJECT MATTER.
3. Privacy
3.1 You acknowledge that you have read and fully understand our Privacy Policy, which describes how we handle the data you provide to us or generated when you use our Services. If you have any question, please contact us at: tomatolive88@gmail.com
4. Terms of Use
4.1 You are responsible for the accuracy of information that you provide to Tomato Live, and upon request from Tomato Live, verify accuracy of the information given.
4.2 You may not create Tomato Live account for others, or allow others to use your Tomato Live account. You shall immediately notify Tomato Live if you discover unlawful use of your account by others.
4.3 In consideration for our Services, you agree that Tomato Live has the right to place advertisement or other types of commercial information. You also agree to receive advertisement or other relevant commercial information from Tomato Live
via email or other methods.
4.4 While using Tomato Live Services, you must abide by all applicable laws and regulations, and all rules and policies of Tomato Live.
4.5 You may only share information that you are comfortable sharing with the public. You may not distribute via Tomato Live any content that may be considered:
4.5.1 pornographic, obscene or indecent, or any adult content, including any form of child exploitation;
4.5.2 excessively violent, including any content that is related to death or serious injury;
4.5.3 depicting, encouraging or assisting suicide or self-harm;
4.5.4 rumor, false or misleading information;
4.5.5 hateful speech or conduct, including any content that promote racism, terrorism, ageism or sexism;
4.5.6 profane, blasphemous or any content that may offend people of certain faith, or otherwise related to religion;
4.5.7 related to gambling, abortion, weapon, or other highly explosive subject matter;
4.5.8 abusive, libelous, or otherwise harassing other people or group;
4.5.9 spam, junk mail or other unsolicited advertisement;
4.5.10 other contents that in the judgement of Tomato Live that are negative contents or otherwise not suitable for distribution.
4.6 You may not impersonate any other individual, entity, governmental agency or organizations.
4.7 You may not publish or distribute other people's private information without their express authorization and permission.
4.8 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 to clear such licenses, rights,
consents, and permissions.
4.9 You may not publish or link to any malicious code, phishing website or other content that may threaten the security of the Internet.
4.10 Tomato Live has the right to review and monitor your behavior on Tomato Live. If Tomato Live, at its sole discretions, reasonably considers that you have violated the Terms of Use, Tomato Live 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.
4.11 If Tomato Live discovers or reasonably suspects that any of your virtual gift is acquired in a fraudulent or illegal manner, or is in an abnormal status, Tomato Live may freeze, suspend, disable, ban or revoke such virtual gift.
4.12 If your account is frozen, suspended, disabled, banned or revoked, you may not create a second account or ask any other to create a second account for you.
4.13 If you violate any Terms of Use, you shall indemnify and hold harmless of Tomato Live against any liability resulting from a claim by a third party in relation to your violation.
5. Refund Policy
5.1 Unless otherwise required by the applicable law, no refund will be entertained after the virtual items (such as “diamonds”) has been purchased.
6. Intellectual Property Rights
6.1 All text, data, images, graphics, audio and/or video information and other materials within the Services provided by Tomato Live are property of Tomato Live 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 Tomato Live to you.
6.2 By using and/or uploading any video content or other content through a Tomato Live Services to publicly accessible areas of Tomato Live website, you grant to Tomato Live 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 derivate 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.
7. Terminating Services
7.1 You may terminate Tomato Live Services and this Agreement by revoking your Tomato Live account. You may contact us at: tomatolive88@gmail.com
8. Disclaimers
8.1 You shall be fully responsible for any risks involved in using Tomato Live Services. Any use or reliance on Tomato Live Services will be at your own risk.
8.2 Under no circumstance does Tomato Live guarantee that the Services will satisfy your requirements, or guarantee that the Services will be uninterrupted. The timeliness, security and accuracy of the Services are also not guaranteed. You
acknowledge and agree that the Services is provided by Tomato Live on an “as is” basis. Tomato Live make no representations or warranties of any kind express or implied as to the operation and the providing of such Services or any part thereof. Tomato Live shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Services and shall not be responsible for any consequences which may arise from your use of such Services.
8.3 Tomato Live does not guarantee the accuracy and integrity of any external links that may be accessible by using the Services and/or any external links that have been placed for the convenience of you. Tomato Live shall not be responsible
for the content of any linked site or any link contained in a linked site, and Tomato Live 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, Tomato Live shall not bear any responsibility for the content of any webpage that you are directed via an external link that is not under the control of Tomato Live.
8.4 Tomato Live 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 Tomato Live. However, as far as possible, Tomato Live shall reasonably attempt to minimize the resulting losses of and impact upon you.
9. Legal Jurisdiction
9.1 This Agreement shall be governed by and construed in accordance with the laws of Canada, 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 Canada International Arbitration Centre in accordance with the Arbitration Rules of the Canada International Arbitration Centre for the time being in force,
which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Canada. The language of the arbitration shall be English.
10. Other Terms
10.1 This Agreement constitutes the entire agreement of agreed items and other relevant matters between both parties. Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement.
10.2 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.
10.3 The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement.