This User Agreement and the End User License Agreement and the Privacy Policy and rules and the Purchasing Policy. As maybe amended and supplement, from time to time (hereinafter referred to as “Agreement”) which shall be applicable to the access and use of the application of Donuts Bangkok Co., Ltd. (hereinafter referred to as “Company”) i.e., BARE LIVE application, https://bare.live/ (hereinafter referred to as “BARE LIVE”) by you, the visitor and/or user (hereinafter referred as to “User”) of the BARE LIVE.
PLEASE READ THE AGREEMENT BEFORE USING BARE LIVE. BY DOWNLOADING, INSTALLING OR USING BARE LIVE USER MUST BE A PERSON OF FULL LEGAL CAPACITY OVER EIGHTEEN (18) YEARS OR ABOVE ONLY AND SIGNIFY ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT. AND SHALL TO THE PROVISIONS OF THE AGREEMENT ITS ENTIRETY AND COMPLETE THE REGISTRATION AGREE BY CLICKING IN “SIGN UP” THAT INCORPORATED PROCESS AS IN INDICATED ON THE PAGE. BY CLICKING ON “SIGN UP” DURING REGISTRATION PRCESS. THE USER ALSO DECLARE THAT THE INFORMATION THAT THE USER PROVIDE IN THE REGISTRATION PROCESS IS ALWAYS CORRECT, TRUE, UP-TO-DATA, AND ACCURATE.
- User Account
- After User is successfully registered, BARE LIVE shall assign each User a user account and password, the safekeeping of which shall be the responsibility of the User. The User shall bear full legal liability for all behavior and activities conducted through their User account.
- The User shall indemnify and hold the BARE LIVE free and harmless from any claims and/or lawsuits from any third parties arising out of the User’s use or unlawful use of BARE LIVE through its user account.
- The User may need a user account and use certain services and feature. To create an, either use your unique login credentials, or log inti BARE LIVE with an existing external platform credentials. If available, the User must comply with the terms and conditions imposed by BARE LIVE
- The User are responsible for any activity on the User account, including all purchases made thereon. Any usage of the User account is deemed to have been used by the User., even if the User did not authorize anyone else to have access to or use the user account. The Company assume no liability for any loss or damage arising from any unauthorize use of the User account and/or any data, including personal data, stored on or linked to the User account.
- The User acknowledge that the Company reserve the right to limit, suspend, and/or terminate the User account if User breach or threaten to breach the Agreement.
- BARE LIVE’s Content
2.1 BARE LIVE agrees to provide a safe and enjoyable live streaming platform for adult audience and maintain a fun, healthy, and safe community for the User, seamlessly integrating User-generated Content (UGC) through the utilization of internet and cellular network-based services. And BARE LIVE serves as a hub for myriad of engaging activities, including spirited discussions, captivating performance, and interactive gaming – all meticulously curated to ignite joy and nurture connections. Within the adult realm, User have access 24. Hours live stream, enabling real-time interactions with video jockey (VJ). This distinctive feature allows users to express their opinions and engage in thought-provoking discussions.
2.2 BARE LIVE may provide the User the ability to earn or purchase certain digital content services (or “Additional Content”) which can be used within the BARE LIVE’s content. If the User choose to purchase the Additional Content for a fee, the User make a binding offer to the Company to conclude a contract for the supply of the Additional Content. If the Company accept the offer, the Company will credit the ordered amount of Additional Content to the User, and the Company will charge the User via selected payment method.
2.3 Where payment in relation to BARE LIVE is required, the payments shall be subject to a separate BARE LIVE Payment Policy which shall constitute an inseparable part of this Agreement, which may be obtained by accessing the following User Agreement.
2.4 The User understands that the Company merely provides the relevant BARE LIVE and that the User is solely responsible for their own required equipment (such as PC, cell phone, or any other devices used for connecting to the internet or cellular network) relevant to these BARE LIVE, as well as the necessary costs (such as telephone or internet charges for internet connection and cell phone charges for cellular network usage) thereof.
2.5 The user acknowledges and agree that the User do not own the Additional Conent and that the User only acquire a personal, limited, non-exclusive, non-transferable, non-assignable, revocable license to use such Additional Content for the User individual, non-commercial, and entertainment purpose within BARE LIVE the offered User ability to earn or purchase such Additional Content. The license to use the Additional Content will terminate upon termination of this Agreement.
3. Payment and Delivery
3.1 The Company do not handle and are not responsible for handing payment transactions. All payments, transactions, and monetary operations are made by third-party payment service providers pr payment processors. By making any purchase, User agree to be bound by their terms and conditions.
3.2 When making purchase, User agree to provide true, accurate, complete, and up-to-date information about yourself and provide non-fraudulent means of payment. If the BARE LIVE’s payment provider, payment processor, or any platform brings to the Company attention that the information the User provided, personal and/or financial, is untrue, inaccurate, or incomplete, or that there are reasonable grounds to believe that the information the User provide is untrue, inaccurate, or incomplete, the Company are therefore entitled to annul related financial transactions and the Company all associated licenses acquired via such transactions.
3.3 The User agree that the Company will start performance of the purchasing contract for the digital service, Additional Content, or any digital content that BARE LIVE offer to purchase immediately after acceptance of your request. The Company duty to delivery is considered duly performed after the digital content or any means suitable for accessing is made available or accessible, or the digital service is made accessible, to the User.
4. Terms of Use
4.1 When applying to use the BARE LIVE the User must provide accurate personal information and promptly update the information if any changes occur, and upon request from the Company, provide evidence to verify the accuracy of the information given.
4.2 The User shall not transfer or loan your account or password to others. The User shall immediately notify the Company if he discovers unlawful use of his account by others. The Company shall not bear any liability, in whatsoever forms, if hacking or user negligence results in the unlawful use by others of the User’s account or password.
4.3 The User agrees that the Company has the right to, when providing BARE LIVE, place any type of commercial advertisement in any form or other types of commercial information (including, but not limited to, the placement of advertisements on any page of the BARE LIVE). The User also agrees to receive promotional or other relevant commercial information from the Company via email or other methods.
4.4 By using and/or uploading any content through BARE LIVE (including but not limited to forums, Facebook, Twitter, comments, or personal microblogs) to publicly accessible areas of the BARE LIVE, the User grants to the BARE LIVE the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights, and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose of, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.
4.5 While using the BARE LIVE, the User must abide by the following:
4.5.1 The User shall comply with all applicable laws and regulations in Thailand;
4.5.2 The User shall comply with all agreements, stipulations, and procedures applicable to BARE LIVE;
4.5.3 The User shall not use BARE LIVE system for any unlawful purpose which is in violation of the prevailing laws, decency, and public policy;
4.5.4 The User shall not, in any shape or form, use BARE LIVE to infringe upon the commercial interests of BARE LIVE, including but not limited to the posting of commercial advertisements without the express permission of BARE LIVE Community;
4.5.5 The User shall not use the BARE LIVE Web system to engage in behavior that may adversely impact the normal operation of the Internet or cellular network;
4.5.6 The User shall not use Web Services provided by the BARE LIVE to upload, display or distribute any false, harassing, harmful, abusive, threatening, vulgar, or obscene messages or information, or any other type of unlawful messages or information;
4.5.7 The User shall not infringe upon the patents, copyrights, trademarks, right to reputation, or any other legal rights and interests of any third party;
4.5.8 The User shall not use the BARE LIVE system to engage in any behavior detrimental to the interests of the BARE LIVE;
4.6 The Company has the right to review and monitor the User’s usage of the BARE LIVE (including, but not limited to, review of content stored by the User on the BARE LIVE). If the Company, at its sole reasonably considers that the User violates any of the aforementioned stipulations when using BARE LIVE, the Company or its authorized agent has the right to request the User to rectify the situation or to directly take all necessary measures (including, but not limited to, modifying or deleting the content posted by the User, or suspension or termination of the User’s rights to use BARE LIVE) to mitigate the impact of the User’s improper conduct without requiring any approval from the User.
4.7 Any disclaimers, notifications, or cautions regarding the usage of particular BARE LIVE, which are issued through various methods (including, but not limited to, webpage announcements, emails, and SMS reminders) shall be deemed to form part of this Agreement. Usage of such Web Services shall be deemed to be a confirmation of the User’s acceptance of the content of such disclaimers, notifications, and cautions.
4.8 The Company will limit access to information about the User to employees whom we believe reasonably need to come into contact with that information to provide products or services to the User or in order to do their jobs.
5. Changes to the Agreement
5.1 This Agreement may be periodically updated, changed, amended, altered, or otherwise modified for various reasons, e.g., to comply with the terms of the applicable legislation or reflect certain changes in or to the services, at our sole discretion and at any time. Any changes, amendments, translations, deletions, or any other alterations of these terms, whatsoever, by the User are not allowed and expressly rejected by the Company.
If the Company modify the agreement, the Company will notify you by sending an email, or posting a notice within BARE LIVE, or updating the “Last modified” date above. The current version will be made available to the User with the indication of the date of the most recent change.
5.2 The User has the right to discontinue the use of the Web Services if they do not agree to the changes made by the BARE LIVE to relevant provisions of this Agreement. Continued use of the Web Services shall be deemed as an acceptance of such changes.
6. Termination
6.1 the User acknowledges and agrees that the Company has the right, at its sole discretion, to modify, suspend or terminate part or all of these BARE LIVE (including those requiring payment) at any time and from time to time. The BARE LIVE may also impose limits on certain features and services or restrict the User’s access to part or all of these BARE LIVE. If the terminated APP Service is a free service, the Company is not obligated to notify the User and shall not have any liability in whatsoever forms to the User or any third party. If the terminated APP Service is a paid-for service, the Company shall notify the User in advance of any modification, suspension, or termination, and should provide affected users with an alternative paid-for service of equivalent value.
6.2 The User understands that the Company needs to perform scheduled or unscheduled repairs and maintenance on the platform providing BARE LIVE (such as the website or cellular network, etc.) and the relevant equipment. If such situations cause an interruption of paid-for BARE LIVE for a reasonable duration, the Company shall not bear any liability to the User and/or to any third parties. However, the Company shall provide as much advance notice as possible.
6.3 The Company has the right to suspend, terminate or restrict the provision of the BARE LIVE under this Agreement at any time and is not obligated to bear any liability to the User or any third party if any of the following events occur:
3.3.1 Personal information provided by the user is false;
3.3.2 The User violates the terms of use stipulated within this Agreement;
3.3.3 The User does not make a payment to the BARE LIVE, as stipulated, to cover the relevant service fees when using paid-for BARE LIVE.
6.4 If the User’s registered account for a free APP Service is inactive for 90 consecutive days, or the User’s registered account for a paid-for BARE LIVE is inactive for 180 consecutive days following the expiration of the subscription period, then the Company has the right to delete the account and discontinue the provision of relevant BARE LIVE to the User.
6.5 If the User’s registered free account name violates any laws and regulations or national policies, or if it infringes upon the legal rights and interests of any third party, the Company retains the right to revoke the account name.
6.6 The User may use BARE LIVE for as long the User are in compliance with the terms of this Agreement However, User can terminate this Agreement at any time simply by requesting the Company to delete your user account. If the User do not have a user account, simply delete BARE LIVE from your device (for mobile App) or stop accessing and using BARE LIVE (for browser App). The User shall aware that the User history, in BARE LIVE progress, in BARE LIVE currency, in- BARE LIVE items, in- BARE LIVE purchase and other items directly linked to the User account.
6.7 Upon terminate of this Agreement, the User license to use the BARE LIVE shall cease immediately, and the User will no longer access to BARE LIVE, your user account, including but not limited to any purchase or other content linked to the account from moment of termination. Unless otherwise provided in this agreement or under application law, the User will not be entitled to any refunds after termination of this agreement.
7. Disclaimers
7.1 The User expressly agrees that he/she shall be fully responsible for any risks involved in using the BARE LIVE Web Services. The User shall also be responsible for any and all consequences arising from the Use of BARE LIVE Web Services, and the BARE LIVE shall not bear any liability to the User.
7.2 Under no circumstance does the BARE LIVE guarantee that the Web Services will satisfy the User’s requirements, or guarantee that the Web Services will be uninterrupted. The timeliness, security, and accuracy of the Web Services are also not guaranteed. The User acknowledges and agrees that the Web Services are provided by the BARE LIVE on an “as is” basis. The BARE LIVE makes no representations or warranties of any kind express or implied as to the operation and the providing of such Web Services or any part thereof. The BARE LIVE shall not be liable in any way for the quality, timeliness, accuracy, or completeness of the Web Services and shall not be responsible for any consequences which may arise from the User’s use of such Web Services.
7.3 The BARE LIVE does not guarantee the accuracy and integrity of any external links that may be accessible by using the Web Services and/or any external links that have been placed for the convenience of the User. BARE LIVE shall not be responsible for the content of any linked site or any link contained in a linked site, and BARE LIVE shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Web Services by the User. Moreover, BARE LIVE shall not bear any responsibility for the content of any webpage that the User is directed to via an external link that is not under the control of BARE LIVE.
7.4 The BARE LIVE shall not bear any liability for the interruption of or other inadequacies in the Web Services caused by circumstances of force majeure, or that are otherwise beyond the control of the BARE LIVE. However, as far as possible, the BARE LIVE shall reasonably attempt to minimize the resulting losses of an impact upon the User.
The User agrees that the BARE LIVE shall not bear any liability for any losses arising from inadequacies in the quality of the following products or services provided by the BARE LIVE:
7.4.1 Web Services provided to the User free of charge;
7.4.2 Any complimentary products or services offered to the User;
5. Intellectual Property Rights
5.1 The User acknowledges and agree that the BARE LIVE all text, data, images, graphics, audio and/or video information, software, company website, other materials, and all services provided by the Company are property of the Company including all copyright, trademarks, trade secrets, patents, and other intellectual property (“Company IP”) User agree that the Company owns all right, title and interest in and to the Company IP and that the User will not use the Company IP for any unlawful or infringing purpose. User agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, services marks and/or any Company IP without express written permission from the Company.
5.2 Any intellectual property rights of any software (including, but not limited to, any images, photos, animations, video recordings, audio recordings, music, text, add-on programs, and supplementary material) belonging to any third party used by the Company in the provision of BARE LIVE belong to such third-party copyright holder. The User may not reverse engineer, decompile, or disassemble such software without the prior permission of the copyright holder.
5.3 By providing live-feed content or by uploading other content including but not limited to files, photographs, links, texts, and images, the User agrees to give the Company (including and all other users of BARE LIVE) irrevocable non-exclusive royalty-free rights to use the UGC or any other content and their selection and arrangement for any purpose including publication, display, modification, and creation of derivative works.
6. Privacy Protection
6.1 The protection of user privacy is a fundamental policy of the Company. The Company guarantees that it will not publicly disclose or provide a third party with an individual User’s registered information or non-public content, which is stored in the Company during the use of BARE LIVE. However, the following circumstances are excluded:
6.1.1 When prior express authorization is obtained from the User;
6.1.2 When and as required by applicable laws and regulations;
6.1.3 When and as required by relevant competent authorities of the government;
6.1.4 When it is necessary to safeguard the public interest;
6.1.5 When it is necessary to safeguard the legal rights and interests of the Company
6.2 The Company may collaborate with a third party to provide the User with relevant BARE LIVE. In this scenario, the Company has the right to share the User’s registered information with a third party, if the third party agrees to bear responsibility for providing privacy protection equivalent to that of the Company.
6.3 Under the condition that no private information of an individual user is disclosed, the Company has the right to analyze the entire user database and utilize the database for commercial purposes.
6.4 The User acknowledges and agrees that the User may, directly or indirectly, provide any of its personal information through its use of the Web Services and as provided under this Agreement. For the purposes of this article, the User hereby agrees and consents to the use of the User’s personal information by the Company, and such shall be considered as the consent as stipulated under the prevailing Thailand laws.
7. Compensation
7.1 The User agrees to safeguard and maintain the interests of other users. If the User violates the relevant laws and regulations, or any of the provisions of this Agreement, and in doing so causes damages to the Company or any other third party, the User agrees to bear full responsibility for compensation of any damages caused.
8. Delivery of Notifications
8.1 Under the terms of this Agreement, all notifications sent to users by the Company may be delivered via a webpage announcement, email, text message, or post; such notifications shall be deemed to have been received by the recipient on the date sent.
8.2 Notifications from the User to the Company should be sent to the contact address, fax number, email address, or other contact details officially issued by the Company.
9. General
9.1 The User Agreement sets out the entire agreement and understanding between the parties in respect of the matters dealt with in them. It supersedes any previous Agreement or understanding between the User and the Company in respect of their subject matter.
9.2 Should any provision of this Agreement be invalid, ineffective, or unenforceable, under present or future laws, the remainder of the provisions shall in full force and effect and shall in no way be affected, impaired or invalidated.
9.3 The headings within this Agreement have been set for the sake of convenience and shall be disregarded in the interpretation of this Agreement.
9.4 The interpretation, construction, effect and enforceability of the User Agreement shall be governed by the laws of Thailand.