SUBSCRIPTION TERMS
(Updated March 2020)
NIMO TV may provide products, services and contents (“Services”) to you in connection with NIMO TV’s website, software application, or other services offered by NIMO TV. If you purchase a Service provided by NIMO TV, then these payment terms apply to your purchases and you agree to them. Your purchase also governed by the Terms of Service, which are incorporated herein by reference. If you do not agree to these Terms of Sale, do not make any purchases on NIMO TV Services.
These Terms of Sale may change from time to time by NIMO TV without prior written notice. Please check these terms periodically for those changes.
To make a purchase on NIMO TV service, you must be registered NIMO TV user and comply with these Terms (including the Terms of Service). Continued use of Subscriptions requires an active NIMO TV account. If you delete your account, you understand you will lose access to any content obtained through Subscriptions.
NIMO TV sells its services or products only to those users who can legally make purchases with Apply Pay or Google Pay. If you are under the age of 18 (or the legal age of majority in your state of residence), you may make purchases on NIMO TV services only with permission of a parent or guardian.
You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities occur under your account.
SUBSCRIPTION
NIMO TV may offer products and services in connection with the NIMO TV Services on a subscription basis with recurring payments. Subscription services may renew automatically, with payment due prior to each renewal. You agree to pay your subscription fee in advance of receiving any such Subscription Service.
The Subscription Service will subject to the Automatic Payment Terms.
NIMO TV may terminate your right to use the Subscription, in whole or in part, immediately if you are using the Subscription in any manner other than for its intended purpose or illegally. If we terminate your rights under this section, you agree to forfeit your right to a refund for any partial billing period.
NIMO TV reserves the right to change the price or Subscription period from time to time and may also disable auto-renewal for some or all Subscriptions in its sole discretion. NIMO TV will provide you with reasonable notice of any such changes, which will apply no earlier than the next Subscription period.
Revenue generated from Subscriptions may be shared between NIMO TV and individual Streamers, subject to the terms of existing agreements between these parties.
NIMO TV may change or discontinue Subscriptions at any time in its sole discretion. In no event will NIMO TV be liable in any way for the discontinuation of Subscriptions, the removal of or disabling of access to the content, or for the withdrawal of the content for Subscriptions.
Your Subscription may start with a free trial period. Free trials are available to level 8 or above fans only and are subject to availability. You will be charged at the end of your free trial period for the next Subscription period, unless you cancel your Subscription at least 24 hours before the expiration of the free trial.
LEVEL
You may acquire different Level according to the months you purchase, subject to the option available on the purchasing page.
|
Numbers of Months Subscribe |
Level |
|
1 |
VIP 1 |
|
3 |
VIP 2 |
|
6 |
VIP 3 |
|
12 |
VIP 4 |
1.Your Level may be upgraded according to your aggregate time spend on NIMO TV.
2.The continue Level badge and the corresponding benefit requires your continue purchase of the subscription. If you fail to purchase the subscription at the end of your last subscribed month, you will be entitled to a 30 days grace period. You will remain as the Level you purchased previously if you complete the purchase within the grace period. Your Level and aggregate time will be reserved. In the event that you fail to complete purchasing within the grace period, your level and aggregate time will be no longer available.
BENEFIT
You will be entitled to the following benefit if you purchase the Subscription Service.
1.Exclusive Emoji
Different package of exclusive emoji will be provided according to the Level you purchase:
|
Level |
Numbers of Exclusive Emoji |
|
VIP 1 |
10 |
|
VIP 2 |
15 |
|
VIP 3 |
18 |
|
VIP 4 |
20 |
2.Live Room Medal
You will be presented with a VIP Medal according to the Level you purchase when you enter the subscribed live room.
3.Nickname in Red
During your speech, comment on the subscribed live room, your nickname will be presented in red color.
4.Comment Pinned
Your Comment will be pinned for a while in the public screen of the subscribed live room.
CHARGE
We accept Apple Pay, Google Pay and/or such other payment methods we may make available to you from time to time through our sites, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the NIMO Services, you authorize NIMO TV, or its designated payment processor, to charge the account you specify for the purchase amount.
Please ensure the data you provide is correct and accurate. We will not be liable for any losses due to your operation error, or your misunderstanding on the payment terms. You shall not use any other payment methods which not provided by us, or authorized by us. We make no warranties to the success of such operation and will not be responsible for any losses due to such operation.
You shall not commit any illegal activities via the payment operation, otherwise, we may terminate the services to you and report such activities to the applicable authorities. We may terminate your account if you malicious require refund through the third party payment processor.
REFUND POLICY
You will immediately access to, and use of the Services you have purchased. Excepted as detailed in these Terms of Sale or terms available on the sites, you lose your right to cancel once you have made your purchase, and we do not offer any refunds or credits, including, without limitation, fees for Subscription Services. NIMO TV reserve the right to modify this policy at any time.
DISCLAIMERS
NIMO TV AND ANY PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES, OR CONTENT MADE AVAILABLE THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NIMO TV AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NIMO TV CANNOT GUARANTEE AND DOES NOT WARRANT ANY SPECIFIC RESULTS FROM USE OF PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS OR SERVICES. NIMO TV DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCTS AND SERVICES OR OTHER PRODUCTS, SERVICES, OR CONTENT OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT ANY ASPECT OF THE NIMO TV SERVICES, INCLUDING, WITHOUT LIMITATION, THE PRODUCTS AND SERVICES OR ANY OTHER PRODUCTS, SERVICES, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY NIMO TV. NOTHING IN THESE PARAGRAPHS WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES OR LIABILITIES WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Nimo TV Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns 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: (i) your use of and access to the Nimo TV Services; (ii) your violation of any term of these terms of use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your UGC caused damage to a third party. This defense and indemnification obligation will survive these terms of use and your use of the Nimo TV Services. You agree that we 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
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 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.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF USE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE NIMO TV 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.
GOVERNING LAW AND DISPUTE RESOLUTION
These terms of 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 these terms of use, 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 the parties agree that such dispute shall be submitted to Singapore International Arbitration Center in accordance with its arbitration rules in force at the time of applying for arbitration. The seat of arbitration shall be Singapore. The arbitration shall be resolved by a sole arbitrator. The language of arbitration shall be English. The arbitral award shall be final and binding on both parties.
Without prejudice to any rules of confidentiality or equivalent in the applicable arbitration rules, the parties shall keep confidential all information relating to the arbitration, including without limitation, the existence of arbitration proceedings (or the possibility thereof), the proceedings themselves, all statements given or made during the course of the proceedings, all documents and other information submitted by parties in connection with the proceedings, all documents and other information issued by the arbitrator and/or the arbitration center and the arbitral award.
These Terms of Sale, along with Terms of Service, constitute the entire agreement between you and NIMO TV regarding purchase you make on NIMO TV Services. In the event of a conflict between these Terms of Sale and the Terms of Service, the Terms of Service shall be controlling.