LINE

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LINE LIVE Germany Terms and Conditions of Use

 

 

These terms and conditions of use (“Terms and Conditions”) set forth the terms between LINE Corporation (the "Company") and users ("User" or "Users") of any services or features of LINE LIVE (the "Service") provided by the Company. These Terms and Conditions are solely applicable to the provision of the Service in the Federal Republic of Germany. 

 

THE COMPANY ABSOLUTELY SHALL NOT TOLERATE ANY USERS, CONTENTS, AND COMMENTS THAT IS: (I) GROSSLY OFFENSIVE MATERIAL; (II) VIOLENT OR SEXUAL EXPRESSIONS; (III) EXPRESSIONS THAT LEAD TO DISCRIMINATION BY RACE, NATIONAL ORIGIN, CREED, SEX, GENDER, SOCIAL STATUS, FAMILY ORIGIN, ETC.; (IV) EXPRESSIONS THAT INDUCE OR ENCOURAGE SUICIDE, SELF-HARM, OR DRUG ABUSE; OR (V) ANTI-SOCIAL EXPRESSIONS THAT INCLUDE ANTI-SOCIAL CONTENT AND LEAD TO THE DISCOMFORT OF OTHERS.

 

1.  Definitions

 

The following words and terms shall have the meanings set forth below when they are used in these Terms and Conditions:

1.1.  “Account” means the User’s LINE LIVE account.

1.2.  “Broadcaster” means a User who uploads or streams any Contents via the Service.

1.3.  "LIVE Coin" means a digital coin purchased by a Viewer using the Service. (Note that items called “coins” in other services, including other services provided by the Company or other LINE group entities, are not “LIVE Coins” for the purposes of these Terms and Conditions.)

1.4.  "Contents" means videos streamed via the Service, or uploaded to the Service, by a Broadcaster. 

1.5.  “Digital Goods” means LIVE Coins, Stamps and Rubies.

1.6.  “LINE LIVE App” means the LINE LIVE mobile application available from the Apple App Store or the Google Play Store.

1.7.  “LINE LIVE Site” means the website available via http://linelive.me 

1.8.  “Ruby” means a reward received by a Broadcaster via the Service.

1.9.  “Rewards Tool” means the Company’s participation and content delivery reward measurement tool, an algorithm used to determine rewards granted to Broadcasters.

1.10.  "Separate Terms and Conditions" means any “terms and conditions”, “guideline”, “policy” or other similar document released or uploaded by the Company (other than these Terms and Conditions) that pertain to the Service.

1.11.  “Stamp” means a digital stamp purchased by a Viewer for the purpose of sending to Broadcasters.

1.12.  “Viewer” means a User who views Contents

 

2.  Agreement to these Terms and Conditions

 

2.1.  All Users shall use the Service in accordance with the terms stated in these Terms and Conditions. Users may not use the Service unless they agree to these Terms and Conditions. Such agreement is binding and irrevocable. 

2.2.  Minors may use the Service only with consent from their parents or legal guardian. Furthermore, if Users use the Service on behalf of, or for the purposes of, a business enterprise, then that business enterprise shall also be deemed to have agreed to these Terms and Conditions. Such agreement is binding and irrevocable.

2.3.  If there are Separate Terms and Conditions for the Service posted to the LINE LIVE App or LINE LIVE Site, Users also shall comply with such Separate Terms and Conditions as well as these Terms and Conditions.

 

3.  Modification of these Terms and Conditions

 

Unless the User and the Company have entered into a subscription agreement for the Service, the Company may modify these Terms and Conditions, or any Separate Terms and Conditions, at any time, if this is reasonable. The modification will become effective once: (i) the modified Terms and Conditions, or Separate Terms and Conditions, are posted on a readily available location within the LINE LIVE Site; and (ii) the Company has given the User at least six (6) weeks prior notice of the modification and the User has not objected. Any such objections should be directed to https://contact-cc.line.me/linelivede/. The Company will inform the User about the effects of failure to object within the modification notice.

 

4.  Account

 

4.1.  When a User provides information about him/herself to the Company, in relation to the Service, the User shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.

4.2.  A User may only log-in to their Account using either a Google account or a Facebook account. Users should note that services provided by Google and Facebook are subject to the respective terms that apply to those services. The Company has no control over, and is not responsible for, those services.

4.3.  A User may log-in to the Service as a guest, without using either a Google account or a Facebook account.

4.4.  Any registered User of the Service may terminate the contract at any time by: (i) deleting his/her Account by contacting Customer Service https://contact-cc.line.me/linelivede; and (ii) withdrawing from using the Service by uninstalling the LINE LIVE App.

4.5.  The Company may suspend or delete a User's Account, if the User is materially violating, or has materially violated, these Terms and Conditions, or if the quality or transmission of Services is endangered by the User’s conduct.

4.6.  The Company reserves the right to delete any Account that has been inactive for a period of a year or more, upon 30 days’ prior notice to the User.

4.7.  If a User deletes his/her Account, or if the Company has deleted the User’s Account in accordance with these Terms and Conditions, the User’s right to use the Service expires with immediate effect. A deleted Account cannot be retrieved even if a User has accidentally deleted the Account, and the Company asks Users to be aware of this.

4.8.  Each Account in the Service is for the exclusive use of the User. Users may not transfer or lend their Accounts to any third party nor may their Accounts be inherited by any third party.

 

5.  Privacy

 

5.1.  The Company respects the privacy of its Users.

5.2.  The Company shall process and protect the privacy and personal information of its Users in accordance with the https://terms2.line.me/LINELIVE_PrivacyPolicy/sp?lang=de (German) and https://terms2.line.me/LINELIVE_PrivacyPolicy/sp?lang=en (English).

 

6.  Provision of the Service

 

6.1.  Users shall supply the PC, mobile phone device, communication device, operating system, data connection and electricity necessary for using the Service under their own responsibility and at their own expense.

6.2.  The Company reserves the right to limit access to the whole or part of the Service for reasons that may include age, identification, current membership status, and the like.

 

7.  Advertisements

 

The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.

 

8.  Third party Contents and services

 

8.1.  Contents or other services offered by third party business partners cooperating with the Company may be included within the Service, including services from: Google Analytics; Adjust and App Annie.

8.2.  Where any Contents or other services are offered by a third party business, rather than the Company, such third party business partners bear all responsibility regarding such Contents and/or services offered. Furthermore, such Contents and services may be governed by the explicit terms and conditions of the business partners.

 

9.  Contents

 

9.1.  The Broadcaster may upload or stream Contents via the Service, subject to compliance with these Terms and Conditions at all times.

9.2.  Viewers may comment on Contents and apply Stamps to Contents, subject to compliance with these Terms and Conditions at all times. 

9.3.  Broadcasters shall not use any Contents uploaded or streamed by others beyond the scope of the intended use of the Contents in the Service (including but not limited to selling, leasing, copying, transmission, reproduction, and modification of the Contents or the Services).

9.4.  If Users wish to back-up the whole or part of any Contents, they shall be entirely responsible for such back-ups. The Company shall not undertake the obligation of backing-up any of the Contents.

9.5.  Broadcasters shall retain any rights they may have in and to their Contents. By uploading or streaming any Contents, the Broadcaster: (i) grants the Company an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense such Contents to third parties), to use, modify, combine, display, publish, reproduce, transmit and disseminate such Contents, in any medium and in any format, for: (a) the purposes of providing or operating the Services, or any services similar to, or related to, the Services; (b) for promotional, advertising and marketing purposes; and (c) any reasonably necessary ancillary purpose related to the foregoing; and (ii) warrants that the use of the Contents by the Company for any purpose set out in these Terms and Conditions shall not breach applicable law, and shall not infringe the intellectual property rights, or privacy rights, of any third party.

9.6.  If the Company has reason to believe, that the User has violated applicable laws or provisions in these Terms and Conditions related to Contents, then the Company reserves the right to remove the Contents from the Service, and/or forfeit any Digital Goods in the User’s Account. In particular, the Company may delete the Contents upon 30 days’ prior notice to the User.

 

10.  Digital Goods

 

10.1.  All Digital Goods are issued by the Company, under these Terms and Conditions.

10.2.  Viewers may purchase LIVE Coins, via the Service. Acceptable third party payment methods (e.g., PayPal) are subject to the terms and conditions published by the providers of those payment methods. LIVE Coins are not a currency or a form of digital money.

10.3.  LIVE Coins may only be used by the Account through which they were purchased. LIVE Coins cannot be exchanged or used for any purposes other than the purposes offered by the Service. LIVE Coins cannot be used in connection with other services. Note that items called “coins” in other services, including other services provided by the Company or other LINE group entities, are not “LIVE Coins” for the purposes of these Terms and Conditions.

10.4.  LIVE Coins may be purchased via the LINE LIVE App. LIVE Coins may also be gifted by LINE, at LINE’s sole and absolute discretion, including for promotional purposes. LIVE Coins may be exchanged for Stamps via the LINE App. LIVE Coins cannot be exchanged or used for any purposes other than the purposes offered by the Service. The number of LIVE Coins required to obtain any particular Stamp will be displayed within the Service. 

10.5.  The exchange of LIVE Coins for Stamps cannot be reversed or refunded for any reason, except: (i) in LINE’s sole and absolute discretion; or (ii) to the extent to which a refund is required by applicable law. LINE will provide reasonable assistance to Users where appropriate.

10.6.  Viewers may apply Stamps to Contents published through the Service by Broadcasters. Each Stamp is single-use only. Once a Stamp has been applied to particular Contents it cannot be removed, or re-used. 

10.7.  Broadcasters may receive rewards in the form of Rubies, based on analysis produced by the Rewards Tool. The Rewards Tool applies an algorithm that takes into account a range of factors, including the level of Viewer participation with a Broadcaster’s Content, number of Stamps applied to those Contents, the value of those Stamps, the number of views, and the experience level of the Broadcaster. LINE may add further factors for the purposes of special promotions – such further factors will be detailed in the applicable terms for those promotions. Based on those factors, the Rewards Tool determines the Ruby rewards allocated to the Broadcaster. There is no direct equivalence of value between LIVE Coins and Rubies, or between Stamps and Rubies. 

10.8.  Broadcasters may convert Rubies to cash through their Account in the Service, subject to compliance with these Terms and Conditions at all times.

 

11.  Restrictions

 

Users shall not engage in any of the following activities when using the Service:

11.1.  activities that violate, or promote or encourage the violation of, any applicable law, court verdicts, resolutions or orders, or administrative measures that are legally binding;

11.2.  activities that may hinder public order or customs;

11.3.  activities that infringe, impair or defame: (i) any person’s intellectual property rights (such as copyrights, trademarks and patents); (ii) any persons’ image rights; (iii) any person’s privacy or data protection rights; or (iv) any other rights of the Company and/or a third party granted by applicable law;

11.4.  including within any Contents or comments any: (i) grossly offensive material; (ii) violent or sexual expressions; (iii) expressions that lead to discrimination by race, national origin, creed, sex, gender, social status, family origin, etc.; (iv) expressions that induce or encourage suicide, self-harm, or drug abuse; or (v) anti-social expressions that include anti-social content and lead to the discomfort of others;

11.5.  insulting Broadcasters;

11.6.  encouraging or leading anyone to self-injury or suicide;

11.7.  activities that lead to the misrepresentation of the Company and/or any third party, or intentionally spread false information;

11.8.  activities such as sending messages indiscriminately to numerous Users (except for those approved by the Company, in its sole and absolute discretion), indiscriminately adding Users as Friends or to Group Chats, or any other activities deemed to be ‘spamming’ by the Company, in its sole and absolute discretion;

11.9.  activities such as exchanging any Contents, LIVE Coins, or any right to use the Contents, into cash, property or any other economic benefit, without Company's explicit prior written authorization;

11.10.  Broadcasts or comments made for the purpose of meeting other Users outside of the LINE LIVE App, or matchmaking; 

11.11.  Broadcasts or comments containing explicit text, images, or video that has sexual connotations;

11.12.  activities such as: (i) using the Service or any Contents for sales, marketing, advertisement, soliciting or other commercial purposes (except for those explicitly approved by the Company in writing and in advance); (ii) using the Service for the purpose of sexual conduct or obscene acts; (iii) using the Service for the purpose of meeting a person for sexual encounters; (iv) using the Service for the purpose of harassment, or libel or defamation; (v) using the Service for hate speech; or (vi) using the Service for purposes other than the purposes permitted in accordance with these Terms and Conditions;

11.13.  activities that benefit, or involve collaboration with, anti-social groups;

11.14.  activities that are related to religious activities, or invitations to certain religious groups;

11.15.  activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, User history, or the like;

11.16.  activities that: (i) interfere with the servers and/or network systems of the Service; (ii) abuse the Service by means of BOTs, cheat tools, or other technical measures; (iii) deliberately use defects of the Service; (iv) make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond necessity; or (v) interfere with the Company's operation of the Service or Users' use of the Service;

11.17.  activities that aid or encourage any breach of these Terms and Conditions or any Separate Terms and Conditions; 

11.18.  publishing personal data without a lawful basis for doing so, or any other breach of the LINE LIVE Privacy Policy; and

11.19.  any other activities that are inappropriate.

 

12.  User Responsibility

 

12.1.  Users shall use the Service at their own risk, and shall bear all responsibility for their use of the Service.

12.2.  The Company may take measures that are necessary and appropriate, if the Company acknowledges that a User is using the service in a way which violates the Terms and Conditions. 

12.3.  In cases in which the Company suffers any loss or damage, or incurs any expense (including, but not limited to, any applicable legal fees) directly or indirectly (including but not limited to cases in which the Company has received claims from a third party) as a result of, or in connection with, any negligent or willful violation or infringement of these Terms and Conditions by the User, the User shall, upon demand, indemnify the Company against all such losses, damages, costs, and expenses, and any reasonable legal fees.

 

13.  Exclusion of Liability

 

13.1.  The Service is provided “as is”. Descriptions of the Service are descriptions only and do not constitute a guaranty. Due to the nature of the Service, the Service (including the Contents) is not, and cannot be, entirely free from flaws (including, but not limited to, flaws relating to stability, reliability, accuracy, integrity, effectiveness, or fitness for certain purposes, as well as security-related faults, errors, bugs, or rights infringements caused by Users).

13.2.  Nothing in these Terms and Conditions excludes or limits the Company’s liability for: (i) fraud or fraudulent misrepresentation; or (ii) death or personal injury caused by negligence.

 

14.  Tax and Compliance

 

14.1.  Any amounts payable by LINE to the Broadcaster under these Terms and Conditions shall be made with a deduction of taxes as required by applicable law. If LINE is required to make a deduction or withholding for any taxes under applicable law LINE shall make such deduction or withholding, remit the relevant amount of tax to the competent tax authority and provide the Broadcaster with reasonably appropriate evidence of the payment of such taxes.  The payment of the net amount (after deduction or withholding) made by LINE to the Broadcaster shall constitute full and final settlement of the sums owed by LINE vis-a-vis the Broadcaster. If the Broadcaster is entitled to any exemption or a reduced rate of withholding, it shall provide to LINE all necessary documentation in order for LINE to apply the exemption or reduced rate of withholding tax and make the payment free of deduction or withholding. In the absence of such documentation, LINE will be entitled to withhold tax as appropriate at the rate prescribed by applicable local laws. LINE will be under no obligation to reimburse the Broadcaster for any withholding tax if the necessary documentation certifying the exemption or a reduced rate of withholding is not, or not timely, provided by the Broadcaster to LINE.

14.2.  Amounts payable by LINE to the Broadcaster may only be made if such payments do not violate applicable laws, including without limitation, any foreign exchange laws, anti-money laundering laws, acts against unjustifiable premiums, gift or unfair pricing, antitrust and antimonopoly laws, and anti-corruption laws, and LINE may suspend payments to ensure compliance with this provision.  LINE may request reasonable documentation from the Broadcaster to ensure the requirements of the preceding sentence are met as a condition to issuing payment.

 

15.  Notification and Contact

 

15.1.  When the Company notifies or contacts Users regarding the Service, the Company may use any method that the Company considers appropriate and is legal, such as posting information on the LINE LIVE Site, or posting notices through the LINE LIVE App.

15.2.  When a User notifies or contacts the Company in respect of the Service, the User shall use the customer inquiry form available on the LINE LIVE Site.

 

16.  Governing Law 

 

These German language version Terms and Conditions will be govern the relationship between Users and the Company . These Terms and Conditions and all claims between the parties are subject to German law.

 

 

End

 

Last updated on July 24, 2018.