Hakuna Host Agreement
Chapter 1. General Provisions
- This Hakuna Host Agreement (this “Agreement”) governs your usage of our live streaming broadcast service feature on HAKUNA (hereinafter, “Broadcasting Services”), via which you can live stream your content as a broadcasting host (“Host”). You are one party and the other party is MOVEFAST COMPANY Co. Ltd. (the “Company", “we”, or “us”), a company with its registered address at 3 Shinroppongi Bldg. 708, 7-15-7 Roppongi, Minato-ku, Tokyo, Japan. For the purposes of this Agreement, you and the Company will be jointly referred to as the “Parties” and respectively as a “Party”.
- While using our Broadcasting Services, you must abide by all applicable laws and regulations, and Hakuna community guidelines, which may be updated from time to time to the extent that such modification does not violate relevant laws and regulations. The Company may make changes to this Agreement and to the Broadcasting Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or by other applicable means. If you continue to use the Service after the changes become effective, then you agree to be bound by the revised Agreement.
- You may only be our Host if you are over the age of seventeen (17) (for users in the United States, over the age of eighteen (18), and if you are not subject to statutory age limits to enter into this Agreement according to the applicable laws and regulations in your country, the consent of your parent or legal representative (e.g. guardian) is required to use our Broadcasting Services. You may also not falsely claim you have reached the minimum age. The Company reserves the right to decline your use of Broadcasting Services if you do not meet the minimum age requirement.
- This Agreement shall be read in conjunction with our Terms of Service (the “Terms of Service”). The Terms of Service shall separately govern your use of HAKUNA. Except otherwise provided, all capitalized terms shall have the same meaning as defined in the Terms of Service. To the extent there is any conflict between this Agreement and the Terms of Service, this Agreement will take precedence over the Terms of Service.
Chapter 2. Host’s Obligations
- You are responsible for the accuracy of the information that you provide to us, and upon request from us, you must verify the accuracy of the information given.
- You may not create HAKUNA accounts for others or allow others to use your HAKUNA account. You shall immediately notify us if you discover unauthorized or unlawful use of your account by others.
- In consideration of our Broadcasting Services, you agree that we have the right to place advertisements or other types of commercial information, including the HAKUNA logo, in the live room.
- While using our Broadcasting Services, you must abide by all applicable laws and regulations, and Hakuna community guidelines, which may be updated from time to time at our sole discretion.
- You shall not engage in any illegal or inappropriate activities when using HAKUNA, including without limitation, the following acts:
- Violation of laws and regulations, rulings, decisions and orders of the court, and/or administrative measures that are legally binding;
- Acts that undermine, or are likely to undermine, public order or moral customs;
- Transmission or posting of excessively violent expressions, explicit sexual expressions, discriminatory expressions concerning race, nationality, belief, gender, social status, etc., expressions that entice or promote suicide, self-harm, drug abuse, and other expressions that contain anti-social content and are offensive to others;
- Impersonation of the Company and/or third party, or intentionally disseminating false information;
- Account hacking, theft of name, fraudulent use of credit cards or other inappropriate acts relating to purchase or payment;
- Acts for the purpose of sales, propaganda, advertising, solicitation, or other profit-making (excluding those permitted by the Company), sexual or obscene acts, soliciting or enticing prostitution, slandering, defaming, harassing or insulting other Users, or using HAKUNA for any purpose other than those prescribed therein; or
- Providing benefits to, sympathizing with or supporting criminal organizations and/or anti-social groups that engage in terrorism, violence, drugs, human trafficking, etc.; or
- Using HAKUNA for purposes of money laundering or other financial crimes.
- The Company has the right to review and monitor your broadcasting on HAKUNA. We may evaluate your performance and give rewards based on various factors including streaming time, compliant issues, received virtual gifts, etc.
- If the Company, at its sole discretion, reasonably believes that you have violated this Agreement, the Company may suspend, disable, ban or revoke your account. You understand that any Items or Stars associated with your account will be suspended, disabled, banned or revoked as well.
- If the Company discovers or reasonably suspects that any of your virtual Items or Stars is acquired in a fraudulent or illegal manner, or is in an abnormal status, we may freeze, suspend, disable, ban or revoke such virtual Items or Stars.
- If your account is suspended, disabled, banned or revoked, you may not create a second account or ask any other person to create a second account for you.
- If you violate the Terms of Service, this Agreement or the Hakuna Community Guidelines, you shall indemnify and hold harmless of the Company its licensors, its partners, its affiliates, officers, directors, employees, contractors, and suppliers (collectively “the company parties”) against any liability resulting from a claim by a third party in relation to your violation.
Chapter 3. Intellectual Property Rights
Other than as set out expressly herein or in the Terms of Service, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors. Nothing in this Agreement shall be construed as conferring any license of any intellectual property rights or such materials by the Company to you.
Chapter 4. Indemnification and Warranty Disclaimers
- Unless expressly stated otherwise herein, Indeminification and Warranty Disclaimers set forth in the Terms of Service (including the regional supplementary terms to the extent applicable) shall apply.
- To the fullest extent permitted by applicable law: (a) the Company and its affiliates, partners, and suppliers disclaim all other warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Broadcasting Services including any information, content or materials contained therein; (b) except for the express representations and warranties set forth in this Agreement, the Company does not make any representation or warranty in connection with the subject matter of this Agreement. No advice or information, whether oral or written, obtained by you from the Company for the Broadcasting Services will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “the Company” includes the Company’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
- You hereby release and agree to defend, hold harmless, and indemnify the Company, and/or its subsidiaries, affiliates, directors, officers, employees, agents, successors and assigns from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense and any other liability (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification), arising from or related to: (a) any act or omission by you, including, without limitation any breach of this Agreement or allegation or claim of negligence, strict liability, willful misconduct or fraud of you; or (b) your access to or use of the Broadcasting Services.
- The Company 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 the Company. However, as far as possible, the Company shall reasonably attempt to minimize the resulting losses of and impact upon you.
Chapter 5. Rewards (Payout)
- The Company may decide, at its sole discretion, to share revenue generated from the sale of Items with the Host receiving the Items during the broadcasting. Although Items or Stars are not intended to be used as a means to provide compensation or financial support to the Host, the Host receive a share of the Company’s revenue by participating in the Company’s rewards (payout) programs. You expressly acknowledge that you are deemed to have agreed to participate in the Company’s rewards (payout) program(s) by requesting a payout on HAKUNA. You further acknowledge that the Company has no obligation to provide any reward or payout to you if your account is closed, voluntarily or involuntarily. The Company makes no assurances and does not guarantee that users receiving Items will receive a financial benefit.
- You are responsible for any applicable national, state or local sales or use taxes or value added taxes that you are legally obligated to pay (“Taxes”) in your applicable jurisdiction. We may also deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any payment made to you under this Agreement as required by the applicable laws and regulations in the applicable jurisdiction and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of such payment under this Agreement. Throughout your activities in HAKUNA, you will provide us with any forms, documents, or certifications as may be required for us to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement.
Chapter 6. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Japan, and You consent and agree to the exclusive jurisdiction of the Tokyo District Court of Japan with regard to disputes related to this Agreement. However, if the laws of the country in which You reside stipulate otherwise regarding the interpretation of this Agreement and jurisdiction, such laws shall apply.
Chapter 7. Other Terms
- Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement.
- If any provision of this Agreement is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
- The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.
- You are not allowed to assign any rights or obligations hereunder as your account is strictly personal to You. The Company is allowed, in accordance with procedures set forth in relevant laws and regulations, to assign any rights or obligations hereunder or regarding the Company Assets to any third party.