Last updated: 2023-03-01
Contact us: info@makolives.com
This User Agreement ("Agreement") delineates the terms governing your utilization of MakoAir Services, encompassing the MakoAir App—a dynamic live video social platform crafted by Junyue Technology Co., Limited, or its affiliates ("we" or "$app"). The registered address of the company is situated at 15, Soy St, Yau Tsim Mong, Kowloon. In the context of this Agreement, the interacting entities are collectively referred to as the "Parties," each individually as a "Party."
As a user of MakoAir Services, you are bound by the MakoAir Privacy Policy and any supplementary guidelines or regulations accessible on the MakoAir platform. Furthermore, you may encounter additional terms or conditions linked to specific services or features, which will be communicated to you in conjunction with those services. In instances of paid services, specific terms and conditions will apply, disclosed to you accordingly.
Consent to this Agreement is implied upon using our Services or clicking "Sign Up" during the registration process. We, at our sole discretion, retain the right to periodically revise this Agreement, with the latest version accessible at the designated link: About us>User Agreement. Continued use of our Services implies adherence to the prevailing Agreement.
Access to our Service is contingent upon attaining the age of 18 or older, in compliance with the statutory age limit stipulated by the applicable laws and regulations in your jurisdiction.
The custodianship of your MakoAir account and password is exclusively your responsibility. All actions and activities carried out through your MakoAir account are ascribed to you, rendering you solely accountable.
Transactions and business dealings with individuals or entities located in Cuba, Iran, North Korea, Sudan, Syria, and the Crimean region are not facilitated by us. Residents of these regions may encounter prohibitions on utilizing MakoAir Services.
i. Content, Product, and Service Discovery Assistance
Our commitment to assisting users in discovering compelling content, products, and services is manifested through the presentation of advertisements, offers, and sponsored content. This curated approach allows users to explore a diverse array of offerings from various businesses and organizations leveraging the MakoAir platform.
ii. Global Accessibility to our Services
The operation of our expansive global service necessitates the storage and distribution of content and data across our worldwide network of data centers and systems, transcending national borders. This intricate infrastructure may be overseen or governed by Junyue Technology Co., Limited, and its affiliated entities, ensuring seamless and efficient access to our Services regardless of the user's country of residence.
i. Facilitation of User-Generated Content
MakoAir extends the privilege to users for disseminating streaming content, engaging in interactive services such as chat forums, bulletin boards, and voice interactions, thereby allowing the creation, transmission, and storage of diverse forms of content, including messages, text, sound, images, applications, code, and other materials on our Services, collectively referred to as "User Content." Additionally, users have the liberty to enhance their User Content by overlaying MakoAir Features such as music, graphics, stickers, and virtual items, transmitting this enriched content through MakoAir Services. It is imperative to note that the opinions expressed by fellow users, inclusive of virtual gifts, do not necessarily align with our corporate perspectives or values.
ii. Vigilance Against Harmful Conduct and Community Safeguarding
In order to uphold the integrity of our community, MakoAir has deployed dedicated teams worldwide and implemented advanced technical systems designed to identify instances of misuse of our Services, harmful conduct towards others, and situations where intervention can support or protect our user base. In response to identified concerns, appropriate actions are taken, including but not limited to offering assistance, content removal, access feature restrictions, account disablement, or collaboration with law enforcement agencies.
To initiate the account creation process, you will be required to furnish specific details such as an account name and password.
It is incumbent upon you to uphold the confidentiality of your account and password, to exercise diligence in restricting access to your computing device, and to assume responsibility for all activities transpiring under your account or password. Ensure that the information provided to MakoAir during registration and subsequently remains truthful, accurate, current, and comprehensive to the best of your knowledge.
In certain instances, we may extend the option to register for and access MakoAir Services through designated third-party services. The handling of your information by these third parties will be governed by their respective privacy policies. Additional insights into how MakoAir gathers, utilizes, and discloses your personal information when integrating your MakoAir account with third-party services can be found within our Privacy Policy.
We retain the prerogative to deactivate your user account at any juncture, especially in cases where non-compliance with the stipulations of these terms occurs. This includes instances where activities on your account are deemed, at our sole discretion, to potentially inflict harm upon or impede the functionality of MakoAir Services, violate or infringe upon third-party rights, or contravene pertinent laws and regulations.
Should you decide to discontinue the utilization of our services and wish for the deletion of your account, we are prepared to facilitate this process. Kindly reach out to us via info@makolives.com, and we will offer comprehensive assistance, guiding you through the requisite procedures. It is imperative to note that opting for account deletion renders reactivation impossible, and any content or information added to your account becomes irretrievable.
Your privacy is important to MakoAir. Please check our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the MakoAir Services.
Your access to and utilization of the MakoAir Services are contingent upon adherence to these terms as well as all relevant laws and regulations. By utilizing the MakoAir Services, you affirm your commitment to comply with the stipulations outlined in these terms, MakoAir's Community Guidelines, and $app’s regulations. You expressly agree not to:
i. Generate, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. Assume the identity of any individual or entity, falsely claim affiliation with any person or entity, access MakoAir accounts of others without proper authorization, forge another person’s identity, or manipulate information transmitted via the MakoAir Services through fraudulent activities;
iii. Defame, harass, abuse, threaten, or defraud MakoAir users, or collect personal information about users or third parties without explicit consent;
iv. Tamper with, bypass, disable, damage, or otherwise compromise security features of the MakoAir Services or User Content, features that restrict use or copying of any content accessible through the MakoAir Services, features imposing limitations on the use of the MakoAir Services or User Content, or remove copyright or other proprietary rights notices on the MakoAir Services or User Content;
v. Engage in reverse engineering, decompiling, disassembling, or any attempt to discover the source code of the MakoAir Services or any of its components, except to the extent expressly permitted by the law of your jurisdiction;
vi. Modify, adapt, translate, or create derivative works based on the MakoAir Services, except where such activity is expressly permitted by applicable law notwithstanding this limitation;
vii. Disrupt or damage the operation of the MakoAir Services or impede users' enjoyment by uploading viruses, adware, spyware, worms, or any other malicious code;
viii. Falsify identifiers to conceal the origin of User Content transmitted through the MakoAir Services;
ix. Interfere with or disrupt the MakoAir Services, servers, or networks connected to the platform, or disobey any requirements, procedures, policies, or regulations of such networks;
x. Attempt to circumvent content filtering techniques employed by MakoAir or access any service or area of the MakoAir Services without proper authorization;
xi. Utilize the MakoAir Services for any illegal purpose or in violation of any local, state, national, or international law or regulation, including but not limited to laws governing intellectual property, proprietary rights, data protection, and privacy.
MakoAir assumes no responsibility and accepts no liability for User Content or any ensuing loss or damage. Moreover, MakoAir is not liable for errors, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity encountered during the use of the MakoAir Services. Your engagement with the MakoAir Services is undertaken at your own risk. These regulations do not confer any private right of action upon third parties, nor do they establish a reasonable expectation that the MakoAir Services will be devoid of prohibited content.
MakoAir disclaims any endorsement of User Content, opinions, recommendations, or advice expressed therein, and disclaims all liability connected to User Content. To the maximum extent allowed by applicable law, MakoAir reserves the right to remove, screen, or edit any User Content posted or stored on the MakoAir Services at any time and without notice, particularly when such User Content contravenes these terms of use or applicable law. You bear sole responsibility for creating backup copies of and replacing any User Content posted or stored on the MakoAir Services at your own cost. Breaching these terms of use may result in consequences, including but not limited to the termination or suspension of your rights to use the MakoAir Services.
Virtual tokens ("Tokens") and virtual gifts ("Gifts") are exclusively available for purchase to individuals aged 18 or older (or the age of majority in their jurisdiction). The pricing of Tokens will be prominently displayed during the purchase process. All transactions involving Tokens will be conducted in the specified currency at the time of purchase through the designated payment method. Any currency exchange settlements, foreign transaction fees, or payment channel fees will be determined in accordance with the user's agreement with the respective payment provider.
The responsibility for the payment of purchased Tokens lies with the user, and upon completion of the transaction, the user's account will be credited with the acquired Tokens. These Tokens, however, are non-negotiable and cannot be converted into cash, legal tender, or any form of currency associated with a state, region, political entity, or any other credit system. They are exclusively intended for use within the MakoAir platform and its services.
Tokens serve as a means to acquire Gifts within the MakoAir ecosystem. It is essential to note that Tokens cannot be amalgamated or utilized in conjunction with other promotional activities, coupons, discounts, or special offers, unless expressly designated by MakoAir.
In adherence to the stipulations outlined in this Agreement, all transactions involving the purchase of Tokens and Gifts are considered final. MakoAir, in accordance with its policy, does not entertain refund requests for Tokens and Gifts under any circumstances. Furthermore, the conversion or exchange of Tokens and Gifts into cash, reimbursement, or any form of compensation by MakoAir is expressly prohibited.
We accept various forms of payment, including major credit cards, specified debit cards, and any other payment methods that may be periodically offered through our website. Your choice of payment method is subject to the terms and conditions set forth by the selected payment provider. Upon submitting an order through our Service, you hereby grant authorization to us or our designated payment processor to debit the specified account for the total purchase amount.
In compliance with applicable international, national, federal, state, and local laws and regulations, our payment processing partners may request specific personal data from you. This may include, but is not limited to, a valid government-issued ID, your legal name, address, and date of birth. Such information is necessary for facilitating transactions through financial institutions and ensuring adherence to legal requirements. Additionally, our payment processing partners may directly communicate with you to address any issues related to the payment process.
Should a purchase be declined online due to payment method issues, we recommend verifying the accuracy of all provided data and resubmitting the transaction. In the event that the transaction is not accepted online, we encourage you to reach out to our customer support team via the designated email address associated with your purchase, which is info@makolives.com for transactions conducted on the Service.
Your understanding and cooperation in adhering to these procedures contribute to a seamless and secure payment experience.
i. In-Application Purchase: MakoAir reserves the option to furnish in-app acquisitions facilitated through authorized platforms. Upon confirmation, your designated Payment Method shall be charged for the chosen services, inclusive of applicable taxes.
ii. Automatic Renewal, Card Payment Authorization: In the context of auto-renewing subscriptions, your designated Payment Method shall undergo billing until expressly terminated. Subsequent to the initial commitment period, the subscription persists unless duly canceled prior to the renewal date. Card payment details are securely retained to facilitate seamless automatic transactions in accordance with the terms stipulated in the Agreement.
iii. Disputes Pertaining to Payments: Any disputes regarding payments made either directly through MakoAir or third-party accounts are to be formally raised with our Customer Support. Alternatively, such objections may be communicated by contacting your financial institution. While you retain the right to withdraw consent for automatic payments at any juncture, it is essential to acknowledge the ongoing obligation to settle any outstanding amounts.
iv. Alterations or Cessation of Subscriptions: The initiation of modifications or terminations to your subscriptions necessitates accessing your respective third-party account or MakoAir settings. It is imperative to note that the mere deletion of your MakoAir account or application does not automatically annul existing subscriptions; the cessation thereof requires explicit action on the MakoAir platform or the corresponding third-party account.
v. Requests for Refund:
Purchases via Apple ID: Refund requests are to be channeled through the Apple customer support mechanism. Acquisitions via Google Play Store: Customers seeking reimbursement are advised to reach out to our customer support, providing the requisite order number. Transactions on Other Payment Platforms: Requests for refunds should be directed to the pertinent third-party merchant.
vi. Pricing Structure: MakoAir's global pricing structure is subject to variability contingent upon factors such as geographic region, subscription duration, bundle magnitude, and promotional initiatives. The periodic introduction of novel features and payment alternatives is part of our ongoing commitment to enhancing user experience.
All textual, data, visual, auditory, or audio-visual information, graphics, and materials encompassed within the MakoAir Services, as furnished by MakoAir, are unequivocally recognized as the exclusive property of MakoAir, safeguarded by copyright, trademark, and/or other pertinent intellectual property laws. It is expressly stipulated within this Agreement that no provision herein shall be interpreted as conferring upon you any license, whether express or implied, of the intellectual property rights inherent in the materials presented by MakoAir.
Through the utilization and/or submission of any live stream content or other materials on publicly accessible domains of the MakoAir website, you hereby extend to MakoAir and its sub-licensees an unrestricted, perpetual, irrevocable, non-exclusive, and fully sub-licensable permission. This grant of rights and license, bereft of territorial or temporal constraints and absent the necessity for approvals or compensatory measures, bestows upon MakoAir the authority to employ, replicate, modify, adapt, publish, translate, edit, dispose of, generate derivative works from, distribute, perform, and publicly showcase said content, either in its entirety or in part. Furthermore, MakoAir is accorded the liberty to incorporate such content into extant or prospective iterations of creative works, media, or technological platforms.
To the maximum extent permissible by relevant legislation, MakoAir reserves the unequivocal right, at its sole discretion and without prior notice, to revoke your license for utilizing the MakoAir Services, encompassing the posting of User Content. Furthermore, MakoAir retains the authority to impede or forestall your prospective access to and utilization of the MakoAir Services, particularly in circumstances where we reasonably determine that: (a) your utilization of the MakoAir Services contravenes the stipulations of this Agreement or pertinent legal statutes; (b) you engage in fraudulent or improper practices in connection with the MakoAir Services; or (c) we confront insurmountable technical challenges or legitimate business imperatives necessitating the discontinuation of the MakoAir Services provision to you. This prerogative extends to the termination or suspension of your access to any acquired products or services.
To the broadest extent sanctioned by applicable law, the sole recourse available to you in cases of dissatisfaction with (i) the MakoAir Services, (ii) any clause within these terms of MakoAir Services, (iii) any policy or modus operandi of MakoAir in the administration of the MakoAir Services, or (iv) any content or information transmitted through the MakoAir Services, is the voluntary termination of your account and the cessation of utilization of all facets of the MakoAir Services.
MakoAir Services usage entails inherent risks, and any reliance upon or utilization of MakoAir Services shall be undertaken at your own peril. MakoAir explicitly disclaims any guarantee that the Services will meet your specific requirements or that they will be uninterrupted. The timeliness, security, and accuracy of MakoAir Services are not assured. It is hereby acknowledged and agreed that MakoAir Services are provided by MakoAir on an "as is" basis, with no representations or warranties, whether express or implied, regarding the operation or provision of such services in whole or in part. MakoAir shall bear no responsibility for the quality, timeliness, accuracy, or completeness of MakoAir Services, and shall not be held accountable for any consequences arising from your utilization of said services.
MakoAir provides no assurance regarding the accuracy and integrity of external links accessible through MakoAir Services or any external links included for your convenience. MakoAir disclaims responsibility for the content of linked sites or any links contained therein, and shall not be held responsible or liable, either directly or indirectly, for any loss or damage associated with your use of MakoAir Services. Furthermore, MakoAir assumes no liability for the content of webpages directed through external links beyond its control.
MakoAir disclaims any liability for service interruptions or inadequacies resulting from force majeure or circumstances beyond its control. Nevertheless, MakoAir shall make reasonable efforts to minimize losses and mitigate the impact on users to the extent feasible.
This Agreement shall be governed by the laws of Hong Kong, and all interpretations and constructions thereof shall be in accordance with such laws, excluding any principles of choice of law that may direct the application of the laws of another jurisdiction. Any dispute arising out of or in connection with this Agreement, encompassing questions pertaining to its existence, validity, or termination, shall be exclusively referred to and ultimately resolved through arbitration proceedings under the auspices of the Singapore International Arbitration Centre (SIAC). The arbitration shall be conducted in accordance with the prevailing Arbitration Rules of the Singapore International Arbitration Centre, which are hereby deemed to be expressly incorporated by reference into this clause.
The designated seat of the arbitration shall be the city of Singapore, and the language to be employed throughout the arbitration proceedings shall be English. Parties agree that any arbitral award rendered in connection with such dispute resolution shall be final, binding, and enforceable in accordance with the laws of Singapore.
For the initiation of arbitration proceedings or to submit a request related thereto, kindly refer to the specified procedure provided at here. This mechanism ensures the formal and expeditious resolution of any disputes in adherence to the agreed-upon terms set forth in this Agreement.
All inquiries pertaining to information or documentation associated with foreseeable, ongoing, or extant legal proceedings, investigations, or disputes involving MakoAir Services must be formally initiated through the utilization of the requisite legal processes. Such requests are mandated to be appropriately served upon MakoAir via Junyue Technology Co., Limited. It is imperative that the procedural requisites be meticulously adhered to, ensuring a comprehensive and formalized approach to the retrieval of pertinent information.
We reserve the right to periodically revise the terms of this Agreement to accommodate various circumstances, including but not limited to updates in the functionality of our Services, the amalgamation of multiple applications or services operated by us or our affiliates into a unified service or application, or in response to regulatory modifications. Our commitment involves employing commercially reasonable efforts to notify all users of any substantial alterations to these terms, typically through prominent communication on the MakoAir platform. Nevertheless, it is incumbent upon you to conscientiously review the Agreement at regular intervals to stay abreast of such changes.
Your ongoing access or utilization of the MakoAir Services subsequent to the effective date of the revised terms signifies your unequivocal acceptance of these amendments. Should you find yourself in disagreement with the updated terms, it is imperative that you discontinue accessing or utilizing the MakoAir Services henceforth. We appreciate your diligence in staying informed and compliant with our evolving terms and conditions.
This Agreement constitutes the comprehensive accord encompassing all agreed-upon elements and pertinent considerations between the contracting parties. With the exception of the provisions explicitly articulated in this Agreement, no additional entitlements or privileges are conferred upon either Party herein.
In the event that any provision of this Agreement is declared null and void or deemed unenforceable, in whole or in part, by competent authorities for any reason, the remaining provisions of this Agreement shall retain their force and effect, remaining both valid and binding.
The headings employed within this Agreement are for the sake of expediency and organizational clarity, and are to be disregarded in the interpretative analysis of this Agreement.
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