Last revised: July 2022
In order to access the full benefits of the Service, you will have to create a Trufflelive account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, including credentials used to access the Service, as well as any activities that occur through your use of such password and credentials. You are responsible for the security of your account. If you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account, you must notify the Company immediately at: email@example.com.
The Company will not be liable for any loss or damage arising from any unauthorized use of your password and/or credentials prior to you notifying the Company of such unauthorized use or loss thereof. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company, or others, due to such unauthorized use.
The Service enables Users to create, transmit, and view live stream audiovisual content (“Broadcast Content”). All user activity on the Service, including the broadcasting of and commenting on any Broadcast Content is publicly available on the Service (except for ).
Talents and Agents
Grant of license
We are entitled, without any liability, to refuse, restrict, limit, suspend, interfere or interrupt the Service or any part thereof, without any notice to you for the purpose of repairing, improving, or upgrading the Service or for any of the reasons for termination as mentioned below.
The Service is not directed at children under the age of 16 (namely, below the age where consent must be given or authorized by the holder of parental responsibility over the child, as required under the applicable law in the jurisdiction you reside in (“ Age of Consent”)). If you are under the Age of Consent you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
Before downloading, installing, or using the Service, you affirm that you are either above the Age of Consent, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by, and comply with the terms of this Agreement.
You can use the Service either individually, or on behalf of your employer or any other entity which you represent. In case you represent your employer or another entity, you hereby represent that: (i) you have full legal authority to bind your employer or such entity to this Agreement; and (ii) you agree to this Agreement on behalf of your employer or the respective entity, and this Agreement shall bind your employer or such entity. Please note that you are also deemed as an authorized representative of your employer or an entity if you are using your employer’s or an entity’s email address in registering into the Service.
Limitation on use
You hereby warrant that you have all necessary and sufficient rights to share any information in the User Submissions (as this term is defined below) with the Service and other users of its community.
You hereby warrant that you will not:
Use the Service in connection with material which promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy, including, but not limited to, content which disseminates another person's personal information without his or her permission.
Our Service is rated IARC 16+, PEGI 16, ESRB M (and any other equivalent rating), and as such does not allow the sharing or dissemination of content portraying graphic violence, sexual violence, discriminatory acts, real money gambling and the glamorization of illegal drug use.
For more information, please visit here.
Trufflelive allows users to distribute streaming live and pre-recorded audio-visual works, to use services of a multi-platform social messaging such as chat, forum postings, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Service (“ User Submissions”).
You are solely responsible for your User Submissions and the consequences of posting or publishing it. You represent, and warrant that: (1) you are the creator and owner of the User Submissions or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Submissions do not and will not violate this Agreement or the Community Standards; and (3) your User Submissions do not contain any viruses, adware, spyware, worms, or other harmful or malicious code.
Your User Submissions will be public and accessible to other users in our community (except in private settings). You are solely responsible for your User Submissions. You warrant that you own all the rights, licenses, consents, permissions, titles and interests required for you to use your User Submission in the manner contemplated herein.
In the course of using the Service, Trufflelive may allow you to download to your device certain content, such as portions of the User Submissions, You assume full risk and liability with regards to any User Submissions downloaded to your device, including any action you take with regards to the User Submissions (such as sharing User Submissions with third parties). It is your responsibility not to lose, destroy, or damage User Submissions once downloaded. We encourage you to back up your User Submissions regularly. You may be limited in the amount or duration of User Submissions you may download. Certain User Submissions may not be available for download at all.
Unless otherwise agreed to in a written agreement between you and Trufflelive that was signed by an authorized representative of Trufflelive, if you submit, transmit, display, perform, post or store User Submission using the Service, you grant Trufflelive and its sublicensees, to the furthest extent and for the maximum duration permitted by applicable law, an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (including without limitation for promoting and redistributing part or all of the Service), without the need for any further compensation, approval or consent.
You acknowledge that Trufflelive may review certain content submitted to the Service to determine whether it is illegal or whether it violates this Agreement or our Community Standards. We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Trufflelive has no obligation to monitor or review any content submitted to the Service, including the User Submissions. You are solely responsible for creating backup copies of and replacing any User Submissions you post or store on the Service at your sole cost and expense.
You agree that your User Submissions will comply with all applicable laws, including the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s .com Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law.
The Company may allow users to receive or purchase virtual points (“ Points”) that can be rendered into (a) virtual tips (“Tips”) for use in the Service; or (b) virtual in-Service items (“Gifts”) for use in the Service. Points, Tips and Gifts, are hereafter collectively referred to as "Virtual Items.”
The purchase of any Virtual Items must be made lawfully, under legitimate means, and with actual currency. Notwithstanding your purchase, receipt, reward or possession of such Virtual Items, you acknowledge and agree that you do not in fact "own" the Virtual Items, and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, Company grants you a limited license to use the Service, including software programs that may manifest themselves as these items.
You acknowledge and agree that your distribution of any Virtual Items currently in your account may result in some revenue to such recipient user, as determined in Company's sole discretion, and is made solely at your own discretion; you further understand that once you have confirmed a transfer of any Virtual Item to another user's account, the action cannot be undone and the Virtual Item cannot be withdrawn. Notwithstanding, Company makes no guarantee that the amount or value of the Virtual Items you may give a user will correlate to the revenue such user may receive from Company.
The purchase of Virtual Items is a completed transaction upon Company's confirmation of electronic payment from you. Any virtual currency balance shown in your account does not constitute a real world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license to the Virtual Items within the Service. You will not be able to sell Virtual Items in exchange for virtual or real currency credited back to your account, nor will you be able to receive a refund (“Refund”) of virtual or real currency for Virtual Items (including any virtual currency), including if your access to the Service has been suspended, limited or terminated pursuant to this Agreement, except for as enabled within the Services.
The value (i.e. the exchange rate) of the Virtual Items is determined by Company in its sole discretion, and Company further reserves the right to modify the purchase exchange rate between actual currency and Virtual Items from time to time, with or without reason, in its sole discretion. By your use of the Service, you confirm your understanding of and accept the then-current exchange rate of any Virtual Items at the time of your purchase.
You understand that you must be above eighteen (18), or otherwise receive the consent of the holder of parental responsibility, to purchase and/or receive revenue from the Company.
Your use of any Virtual Items purchased shall be solely for legitimate purposes within the Service, and must comply with all applicable laws at all times (i.e. no exchanging of Virtual Items for any activity, product, conduct or services deemed unauthorized by this Agreement or our Community Policy).
You understand that the purchase of Virtual Items requires actual money. If you disagree with any part of, or do not fully understand our Virtual Items Policy, please refrain from purchasing or using any Virtual Items in connection with the Service.
You understand that the Company may change, modify or update this Agreement, 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, and you agree that you will review this Agreement and any terms regarding the sale of Virtual Items prior to making any purchase.
The Company may, at its sole discretion, prevent any user from purchasing, receiving or rewarding Virtual Items.
You are solely responsible for reviewing the company’s policies from time to time to learn details about purchasing and gifting Virtual Items, as well as the measurement of the revenues you may be entitled to receive..
In the event your account balance is incorrect due to system maintenance or other technical failures as determined by Company in its sole discretion, Company agrees to make all necessary corrections and adjustments with respect to your account balance. If you have any questions, concerns or suggestions regarding purchases and/or payments regarding the Service, please contact us.
IMPORTANT: The Company takes fraud extremely seriously. In addition to taking any applicable and necessary legal action, Company reserves the right to permanently confiscate any Virtual Items from any user account that it determines, in its sole discretion, were purchased or acquired using fraudulent means; this includes confiscation of any Virtual Items received by you from another user in which such Virtual Items were purchased fraudulently. In the event Company determines that and Virtual Items were fraudulently purchased, Company will notify you prior to confiscation and allow you an opportunity to make an appeal via the App.
IMPORTANT: In order to use the Service you must keep your account active. Your account status is controlled by our system, based on your activity. Please note that if your account is dormant for a period of 90 consecutive days or longer, any outstanding Virtual Points in your account shall be considered as forfeited and shall be rendered fully inactive. This action cannot be undone and the Virtual Item cannot be withdrawn. A “dormant account” is defined as one that has had no activity for 90 consecutive days or longer, as marked by the Company's systems.
If Company terminates your account for cause (including fraud), any outstanding Virtual Items remaining in your account at the time of termination may be irrevocably confiscated, as determined by Company in its sole and absolute discretion, in accordance with our termination policy.
The Company retains all rights, titles and ownerships in and of the Service or any part thereof, including without limitation, the design and layout of the Service, all contents of the Service (excluding User Submissions), copyrights, patents, trademarks, service marks and logos, database, registered or not (the " Materials"), except as expressly excluded in this Agreement. You may not use, sell, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials, without the Company's prior explicit written consent. You are granted only a limited and revocable right to use the Service, subject to the terms of this Agreement, and for personal use only, and under no circumstances are you acquired any right, interest or title to any part of the Materials.
THE SERVICE AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
THE COMPANY AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.
THE COMPANY AND ITS SUPPLIERS AND PARTNERS (INCLUDING THE COMPANY'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR OTHER SERVICES IN TERMS OF SECURITY, AVAILABILITY, SAFETY, CORRECTNESS, RELIABILITY, ACCURACY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE SERVICE. YOU ACKNOWLEDGE AND UNDERSTAND THAT WHILE THE COMPANY IS WORKING HARD TO SAFEGUARD YOUR DATA, ANY DATA YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICE (INCLUDING DURING CHATS OR CONVERSATIONS) MAY NOT ALWAYS BE SECURE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE SUBMIT OR OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability and Damages
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE COMPANY (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, TRANSMISSION, STORAGE OR MAINTENANCE OF YOUR INFORMATION, INCLUDING YOUR LOCATION OR PRIVATE INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY (INCLUDING ITS SOFTWARE) OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE SERVICE OR ANY OTHER USES OF THE SERVICE, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL THE COMPANY'S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.
APPLICABLE LAW IN YOUR STATE OR LOCATION MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT THE COMPANY'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.
You agree to indemnify, defend, and hold the Company (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys' fees, arising out of or related in any manner to your use or misuse of the Service, including without limitation your access to or use of the Service, any breach or alleged violation of the rights of any other person or entity by you, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right and any breach or alleged violation of this Agreement.
Third Party Services
This Agreement applies only to your use of the Service. The Company has not reviewed, has no control over, nor does it endorse, screen, promote or otherwise assume any responsibility for the content of third party websites or applications ("Third Party Services"), or to the information, advertisements, services, practices or other material contained on, or accessible through Third Party Services, including without limitation third party websites to which hyperlinks are contained in the Service.
Governing law and arbitration agreement
This Agreement is governed by and construed in accordance with the laws of Hong Kong without giving effect to any principles of conflicts of law.
You may opt out of this Arbitration Agreement. To opt out, you must notify the Company in writing within thirty (30) days of the date that you first become subject to this Agreement. You must email us with the subject line: "Arbitration Opt Out" and include in the body of your e-mail your name and residence address, your email address, telephone number, and a clear statement that you want to opt out of this Arbitration Agreement.
If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding, however, both you and the Company hereby expressly waive trial by jury. If permissible under such court's rules, you may bring your claim in the applicable courts in Hong Kong. You may bring claims only on your own behalf. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You hereby agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account in the Service, if the Company is a party to the proceeding.
You hereby agree that any claim may have arising out of or related to your relationship with the Company must be filed within one (1) year after from the arising incident; otherwise, your claim shall be permanently barred.
Notice and Takedown
The Company does not allow using the Service or any of its features for intellectual property infringement.
If you encounter what you believe to be a violation of your intellectual property rights in the Service, please notify us via e-mail to: firstname.lastname@example.org, or through our application
Such notice ("Takedown Notice") must include your full name, contact details (address and phone number), a reasonably detailed description of the alleged infringement and adequate evidence of your right in the relevant intellectual property (for example, trademark registrar certificate of a signed affidavit).
Once adequate Takedown Notice is sent, the Company will either remove the alleged infringement, if feasible, or put you in touch with the person responsible for it.
If you receive notification from the Company stating that a Takedown Notice was received regarding content or activity for which you are responsible, you may contend the Takedown Notice within seven days, in which case only will your contact details be given to the Notice's sender.
If you repeatedly infringe third parties' intellectual property your access to the Service may be restricted or blocked at the Company's sole discretion.
Assign rights, severability and waiver
The Company may assign its rights according to this Agreement to any third party at any time at its sole discretion, without prior consent. You may not assign or delegate your rights according to this Agreement, without the Company's prior written consent.
If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.
Failure to assert, at any time, any right, or require performance in regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company's rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Apple (additional provisions)
Where the Service was downloaded via Apple marketplace, the user warrants that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Further, the user acknowledge and consent that Apple and Apple's subsidiaries are third-party beneficiaries of the Agreement, and the Apple has the right, upon your consent to the terms of this Agreement, to enforce the Agreement against you as a third party beneficiary thereto. The user also warrants that he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that he/she is not listed on any U.S. Government list of prohibited or restricted parties.
The Company reserves the right (but has no obligation), at its sole discretion and without prior notice to:
You may rectify or remove any personal information related to you from the Service at any time, by contacting us at: email@example.com. You may terminate your account at our Service at any time by uninstalling the Service and ceasing to use the Service.
Amendments to the Agreement
The Company reserves the right, at its sole discretion, to periodically amend or revise the terms of this Agreement; material changes will be effective immediately upon the publication of the amended Agreement. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement. The last revision will be reflected in the "Last revised" heading above.