CAPSHORT ECOSYSTEM SERVICES AGREEMENT
Last updated: Nov 22, 2022
Welcome to Capshort,
1.1 You, as a live streamer, may carry out live streaming with various focuses, such as online games, entertainment, e-sport competitions and etc., to the users of CAPSHORT.
1.2 Before signing the Agreement,
1.3 When using the CAPSHORT Services, you shall abide by the laws and regulations of the governing law hereof and the laws of other relevant jurisdictions, and shall not use the CAPSHORT Services to:
1.4 No agency, partnership, joint venture, employee-employer, principal-representative, or franchiser-franchisee relationship is intended or created between you and CAPSHORT by the Agreement. CAPSHORT shall not be liable for any loss or damages:
2.1 CAPSHORT provides live streaming technology service, customer service support to you, and will help you to maintain and develop your fans base.
2.2 In order to standardize the operation of the platform and to protect the overall interests of the users and user experience of CAPSHORT Livestream, CAPSHORT has the right to formulate and adjust platform rules in accordance with the requirements of the applicable laws and regulations and actual operational needs. CAPSHORT shall notify you of the new platform rules through announcements on the platform, or any other notification method as specified in Section 8 hereof. If you do not agree to the new platform rules, you shall cease accessing or using the CAPSHORT Livestream Services.
2.3 CAPSHORT has the right to independently evaluate your performance to decide whether or not to reward or adjust your award. Specific evaluation criteria will be separately formulated by CAPSHORT and no additional approval from you is required.
If CAPSHORT intends to cooperate with you on live streaming or other streaming related events beyond the scope of the Agreement, the Parties shall negotiate and execute a separate written cooperation agreement.
2.4 CAPSHORT has the rights to supervise your live streaming and request you to adjust the forms or contents of the live streaming, subject to the requirements of applicable regulatory authorities.
2.5 Without otherwise provided, you shall be deemed as the author of the information (such as text, picture, audio and video, performance and etc.) originated by you when using the CAPSHORT Livestream Services or carrying out live streaming.
However, you have exclusively licensed CAPSHORT of all the intellectual property rights of the information aforementioned through publication, exhibition, display, distribution or uploading of such information on the platform of CAPSHORT. Such licensing is irrevocable, permanent, worldwide, transferable (multi-level), and can be sublicensed (multi-level).
CAPSHORT shall not be required to pay any additional fees to you for such licensing. With regard to behavior that infringes CAPSHORT’s legitimate interest, including but not limited to copyrights and copyright-related rights, of the information abovementioned, such as publication, spread, transmit or copying without authorization from CAPSHORT, CAPSHORT is entitled to protect its rights and interests independently, including but not limited to the rights to apply for evidence preservation, property preservation, to file administrative complaint, civil litigation, and apply for enforcement, reconciliation and compensation, as it deems appropriate.
2.6 CAPSHORT has the right to require you to advertise or promote products or events designated by CAPSHORT in reasonable ways, either directly or indirectly, during your live streaming.
2.7 CAPSHORT has the right to review the contents of your live streaming in accordance with the applicable laws and regulations, the Agreement, and relevant platform rules.
2.8 To the extent permitted by law, CAPSHORT shall not be liable for any interruption or obstruction of the CAPSHORT Livestream Services caused by
2.9 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CAPSHORT’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE CAPSHORT LIVESTREAM SERVICES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
3.1 You must be at least 18 years old or age of majority in the jurisdiction you are accessing or using the CAPSHORT Services from and are fully able and competent to enter and execute the Agreement yourself.
3.2 You shall prepare all equipment or facilities employed or needed to carry out live streaming on CAPSHORT by yourself, and ensure that the audiovisual quality is reasonably qualified for the users to view.
3.3 Without the written consent of CAPSHORT, you shall not show, display, mention or promote any information related to the Competing Platforms in any form during your live streaming, and shall not introduce, advertise or market any non-CAPSHORT’s products or introduce, invite or seduce any users or streamers of CAPSHORT to accept the services of the Competing Platforms. No network link, other than that of CAPSHORT, will be allowed to set on your profile page or description box of your streaming channel. For the purpose of Article 3.3, Competing Platforms means any other gaming-focused live streaming platforms that compete with CAPSHORT including but not limited to YouTube Gaming, Twitch, Facebook, Instagram, Garena LIVE, Vidio - Nonton TV & Video, BIGO LIVE, Cube TV, Nonolive, KEWL, Here Live - Tambah & chat di live streaming GRATIS, 17, GO Live, Young_Live, Uplive, Friday Night Live, Tamago, VOOV, musical.ly, Kitty Live, StreamCraft, Afreecatv, Nimo TV, ALive etc.
3.4 You shall license and authorize CAPSHORT to use your portrait, name (including real name, nickname on CAPSHORT, in-game name), recording, video, and other related audiovisual works generated on CAPSHORT or any other streamer symbols in connection with your live streaming on CAPSHORT. Such license and authorization shall survive the expiry or the termination of the Agreement for whatever reason.
3.5 You represent and warrant that
3.6 You shall strictly abide by CAPSHORT’s operating systems and platform rules, and shall not use CAPSHORT or the CAPSHORT Services engaging in any activity in violations of laws and regulations.
3.7 You shall establish and maintain a positive image for yourself (including but not limited to your make-up, apparel, remarks or behaviors) during your live streaming, and shall not engage in any acts violating public order, laws and regulations, or damaging your public image, such as drug use, theft, pornography or gambling, and shall not act in any way that has a negative impact on the products or brand image of CAPSHORT or CAPSHORT.
3.8 You have the right to share the revenue of virtual items (gifts are virtual items donated by users) on CAPSHORT (“Shared Revenue”) according to the platform conversion rules as long as you fulfill your obligations hereunder to the satisfaction of CAPSHORT. The taxes accrued on your Shared Revenue shall be borne by you and shall be withheld from the Shared Revenue and remitted to the relevant government authorities by CAPSHORT or the third party entrusted or designated by CAPSHORT in accordance with applicable laws and regulations. The proportion of the virtual items (gifts) to be distributed to you and the commission withdrawal procedure will be announced by CAPSHORT through announcements on the platform or any other notification method as specified in Section 8 hereof. You shall be bound by and shall comply with the afore-mentioned announcements, rules and policies of CAPSHORT.
3.9 You shall provide correct, true, and valid account information for payment of the Shared Revenue. If any payment made by CAPSHORT is wrong or rejected due to the inaccurate account information, you shall assume the liability yourself.
3.10 You shall authorize and empower CAPSHORT to withhold Shared Revenue the amount of compensation that you shall pay CAPSHORT, such as liquidated damages, fines or penalties levied by the government authorities, or compensation payable to the users of CAPSHORT or any other third parties.
3.11 CAPSHORT shall be entitled to suspend or delete your account and withhold any Shared Revenue if you are determined by CAPSHORT to have committed or be involved in any fraudulent activities in connection with your use of the CAPSHORT Services.
4.1 For the purpose of the Agreement, CAPSHORT’s trade secrets include, but not limited to:
4.2 With respect to the trade secrets of CAPSHORT, without the written consent of CAPSHORT, you shall not
4.3 This Section will survive the termination or rescission of the Agreement or your use of the CAPSHORT Services.
4.4 If you use or disclose CAPSHORT’s trade secrets in violation of Section 4 that harms CAPSHORT’s reputation or economic benefits, either directly or indirectly, CAPSHORT is entitled to all available loss and damages thereby.
5.2 We will only use the above-mentioned personal data in the following circumstances:
5.3 We do not disclose the above-mentioned personal data except in the limited circumstances as follows:
5.4 With your consent, we may transfer such personal data to any country in which we, members of our corporate group (that is, entities that control, are controlled by, or are under common control with us) or our service providers are located.
6.1 Notwithstanding any provision to the contrary, CAPSHORT may, at its sole discretion, immediately terminate the Agreement without prior notice if any or more of the following circumstances occur:
6.2 CAPSHORT may retain or delete the data recorded in your CAPSHORT account or data you store in the respective CAPSHORT servers during the use of the CAPSHORT Services according to relevant laws and regulations after the termination of the Agreement.
6.3 You shall handle and be responsible for the backup of data and other personal information on your own. CAPSHORT shall not be responsible for any loss of your information or data after the termination of the Agreement.
7.1 To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the CAPSHORT Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assignees from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or related to: (i) your use or access to the CAPSHORT Services; or (ii) any act or omission by you, including but not limited to any breach of the Agreement (including your misrepresentations and breach of warranties in Section 3 or allegation or claim of negligence, your willful misconduct or fraud); or (iii) any claim that the live streaming content misappropriates or infringes any third party’s copyrights, patents, trade secrets, trademarks or other proprietary rights. Your duty to defend is independent of your duty to indemnify. Your obligations under this Section are independent of all of your other obligations under the Agreement. This defense and indemnification obligation will survive the Agreement and your use of the CAPSHORT Services. You agree that CAPSHORT shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
7.2 CAPSHORT has the right to seek legal or equitable remedy from you for any loss or damages incurred under this Section. To ensure that you sufficiently indemnify CAPSHORT, CAPSHORT reserves the right to take one or more of the following measures, as it deems appropriate:
8.1 CAPSHORT may send you a notice, communication, document, and material related to the CAPSHORT Services or the Agreement (“Notice”), such as platform rules, amendment to the Agreement, through announcement on the platform or any other reasonable methods. A Notice shall be addressed to your CAPSHORT account or your contact information registered on CAPSHORT. A Notice is deemed to be received upon the publication or the delivery of such Notice and has binding effect on you. If you object to or disagree with a Notice, you shall send a written notification to CAPSHORT through email (email address: firstname.lastname@example.org ) within 2 calendar days upon the receipt of a Notice, otherwise, it shall be deemed that you have accepted and agreed to such Notice.
9.1 The Agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to choice of law principles. Should a dispute arise between the Parties in connection with the Agreement, the Parties shall attempt to resolve such dispute through friendly consultations between themselves. If, however, the dispute cannot be resolved within thirty (30) days after commencement of such friendly consultations, then any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center（“SIAC Rules”）for the time being in force, which rules are deemed to be incorporated by reference in this clause.
10.1 CAPSHORT’s failure to exercise or enforce any right or provision of the Agreement shall not be deemed to constitute a waiver of such right or provision herein. No waiver of CAPSHORT to any right shall be deemed as a waiver to any other rights. Any waiver of any provision of the Agreement will come into effect only if in writing and hereto signed by the relevant Party.
10.2 If any one or more of the provisions of the Agreement or any part or parts thereof shall be declared or adjudged to be illegal, invalid or unenforceable under any applicable law, such illegality, invalidity or unenforceability shall not vitiate any other provisions hereof and the Agreement shall be construed as if such illegal, invalid or unenforceable provisions were not contained herein.
10.3 The Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CAPSHORT without restriction. Any assignment attempted to be made in violation of the Agreement shall be void.
10.4 Upon termination of the Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
10.6 The headings in the Agreement are for convenience only and have no legal or contractual effect.