User Agreement

TERMS OF SERVICE

September, 12 2024. Moma LIVE

These terms of service (“Terms”) apply to any user (“User” or “You”) using the current and future versions of the video communication service (“MOMA”) owned and provided by MOMA LIVE (“Moma”, “Company”, “we”, “our”, or “us”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERVICE. TERMS APPLY TO ALL USERS WHO USE THE SERVICE AS REGISTERED OR NON-REGISTERED . BY ACCESSING AND USING MOMA LIVE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN, THE AMENDED TERMS PURSUANT TO THE TERMS, AND THE USER GUIDELINES ESTABLISHED PERSUANT TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF MOMA LIVE.

CHAPTER 1. General Provisions

1. Purpose

The purpose of these Terms is to set forth the respective rights, obligations and responsibilities of the Company and You with regard to Your use of MOMA LIVE on Your personal computer or mobile device (collectively, “Device”), either by downloading the service application (the “MOMA LIVE APP ”) from Google Play Store or Apple App Store (“Application Store(s)”) or by accessing the service website (“MOMA LIVE Web”) provided by the Company. Please note that these Terms govern the legal relationship between You and the Company, and that Your relationship with the Application Stores are subject to the respective terms and conditions of the Application Stores.

2. Changes to these Terms

The Company reserves the right to modify these Terms from time to time as it deems necessary, to the extent that such modification does not violate relevant laws and regulations. In the event the Company changes the contents of these Terms, the Company will notify the Users the details of, reasons for and effective date of the change at least seven (7) days prior to the effective date of such change; provided, however, if the change of the contents of these Terms is unfavorable to the Users, the Company will notify the Users at least thirty (30) days prior to the effective date of such unfavorable change. Your continued use of MOMA LIVE after the effective date of a change to these Terms will constitute Your acceptance of the change. If a refund with regard to such a change is required by applicable law, You will be entitled to the refund accordingly. However, changes that benefit Users or changes due to legal reasons may become effective immediately.

3. Additional Terms

Any matters that are not stipulated in these Terms shall be governed by the relevant laws and regulations, the Company’s Terms of Service of individual services, and the operation policies and rules set forth by the Company.

4. Notification and Communication to Users

(a) When the Company contacts the Users in relation to MOMA LIVE, it will do so by posting on an appropriate space on the Company’s website or applications, by using the information supplied by the Users, or by any other method that the Company reasonably believes to be appropriate.

(b) If there is any change to the information that a User entered when registering for service membership, the User must modify such information or notify the Company of the same, and the Company shall not be liable for any disadvantages or issues resulting from the User’s failure to do so.

CHAPTER 2. Ownership and Relevant Licenses Regarding MOMA LIVE

1. Ownership of MOMA LIVE Contents

(a) Unless otherwise stipulated, “MOMA LIVE contents” means text, graphic, image, illustration, design, icon, photo, and other related phrases provided to Users in MOMA LIVE. Unless stipulated otherwise by law or contract, all exclusive and proprietary ownership rights in MOMA LIVE, MOMA LIVE App, service website, these Terms, Privacy Policy, User Guidelines and any related documentation and information, MOMA LIVE contents (collectively, the “Company Assets”), and the selection and arrangement of MOMA LIVE contents belong solely to the Company.

(b) The Company Assets and the selection and arrangement of MOMA LIVE contents are protected by copyright laws and other relevant laws, including international intellectual property laws and treaties. The Company Assets include trade secrets and exclusive information that are confidential and proprietary to the Company, and You agree to take all necessary actions to respect and protect the confidentiality of such trade secrets and exclusive information.

(c) Any new releases, modifications, and enhancements to the Company Assets and the selection and arrangement of MOMA LIVE contents belong solely to the Company and (if applicable) its licensors. There is no implied license, right, or interest granted to You with regard to the provision of the Company Assets, and the Company hereby expressly reserves all rights in the Company Assets, and any contents thereof, which are not expressly granted to You hereunder.

2. Scope of License Regarding MOMA LIVE

(a) The Company grants You a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install, and use a copy of the MOMA LIVE App, in object code format, only on Your Device for the sole purpose of personally using MOMA LIVE. You only obtain a license to use the object code version of the MOMA LIVE App, and You do not have any right whatsoever in the original source code of the MOMA LIVE App. You may only use the Company Assets for the sole purpose of personal use of MOMA LIVE.

(b) The Company grants You a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install, and use a copy of the MOMA LIVE App, in object code format, only on Your Device for the sole purpose of personally using MOMA LIVE. You only obtain a license to use the object code version of the MOMA LIVE App, and You do not have any right whatsoever in the original source code of the MOMA LIVE App. You may only use the Company Assets for the sole purpose of personal use of MOMA LIVE.

3. Scope of License Regarding Your Information

If You download the MOMA LIVE APP to use MOMA LIVE, You hereby grant the Company a free license to access, collect and use, in accordance with relevant laws and regulations as well as the Company’s Privacy Policy

4. Content License

In the event You upload or otherwise provide video, audio (e.g., music or other sounds), pictures, photos, text (e.g. dialogues, comments and scripts), branding (e.g., brand name, trademark, service mark or logo), interactive features, software, metrics and other type of materials (collectively, “Content”) on MOMA LIVE, You hereby grant the Company and its affiliates a non-exclusive, unlimited, royalty-free, worldwide, sub-licensable and transferable license regarding such Content. The Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, or otherwise use or create derivative works in connection with Your Content in accordance with the above license. Accordingly, You agree that (except for Your MOMA LIVE Live Content) any Content you provide may be viewed by other registered Users of MOMA LIVE. You can delete Content individually or all at once by deleting Your account. In addition, so that the Company can prevent the unauthorized use of Your Content outside of MOMA LIVE, You authorize the Company to act on Your behalf with respect to infringing uses of Your Content taken from MOMA LIVE by other Users or third parties. The Company and its affiliates’ license to Your Content is used for the limited purposes of operating, developing, providing, improving, and promoting MOMA LIVE and researching and developing new services of the Company to the extent that such use does not infringe on Your privacy in accordance with applicable laws, including the Personal Information Protection Act.

5. Restrictions

(a) You only obtain a limited license to use the object code version of the MOMA LIVE App.

(b) You shall not use the Company Assets for any commercial purposes.

(c) You shall not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Company Assets.

(d) You shall not sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export, or grant other rights in the Company Assets to any third party, and any attempt by You to take such action shall be void.

(e) You shall not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying User interface techniques, or algorithms of the Company Assets, in particular MOMA LIVE and the MOMA LIVE App, by any means whatsoever.

(f) You shall not remove, obscure, or alter any copyright and/or other proprietary notices contained in or otherwise connected to the Company Assets, or any contents thereof.

(g) You shall not destroy, disable or circumvent any copyright protection or other digital rights management mechanism put in place for the protection of the copyrights and other intellectual property rights of the Company Assets.

CHAPTER 3. Commencement of Use of Service

1. Consent to the Terms

MOMA LIVE services provided only to registered users who complete the signing up process and log in to their accounts. The specific details of the type of the services and how to use the services will be as provided in these Terms, on the Service or in notices or information on service use separately provided by the Company.

By accessing and using MOMA LIVE, You agree to be bound by the terms set forth herein, the amended terms pursuant to these Terms, and the user guidelines established pursuant to these Terms. If You do not agree with these Terms, please immediately terminate Your use of MOMA LIVE.

2. Membership Registration Process

(a) You can register for service membership in accordance with the procedures set by the Company, and Your membership registration process will be completed once the Company accepts Your registration.

(b) You can log in to MOMA LIVE in various ways, sign in with Apple/Google/Facebook

(c) In registering for service membership, You must enter only true and accurate information. You will be responsible for any disadvantages and/or legal liability resulting from Your entering of false information.

(d) The Company will accept Your registration for service membership pursuant to Paragraph (c) without delay, but may not accept Your registration in any of the following cases. If any of the following cases are found to be true after the Company’s acceptance of Your registration of service membership, the Company may immediately take appropriate restrictive measures, such as suspending Your service account, deleting Your Content and personal information or updating incorrect information. The Company will notify You without delay of such restrictive measures and the reasons therefor, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to a User, a third party, or the Company (e.g., if it impairs the security of MOMA LIVE):

- (i.) Your service membership was created using a false or another person’s name;

- (ii.) You entered false or incorrect information, or omitted information requested by the Company;

- (iii.) You are under the age of 17;

- (iv.) or Other instances in violation of relevant laws, regulations or standards set by the Company.

3. Eligibility

MOMA LIVE may not be used in any jurisdiction where such a type of services is prohibited.

MOMA LIVE is intended solely for Users who are seventeen (17) years of age or older. Any attempt to access or use MOMA LIVE by anyone under the age of seventeen (17) is strictly prohibited and shall be considered a material violation of these Terms.

You hereby affirm that You fully understand these Terms and are able and competent to comply with these Terms. You may only use MOMA LIVE if You are deemed capable of understanding and complying with these Terms.

CHAPTER 4. Rights and Obligations of the Company and Users

1. Obligations

You must use MOMA LIVE in compliance with these Terms, the amended terms pursuant to these Terms, Community Guidelines, and any of the applicable user guidelines established under these Term. Please stop using MOMA LIVE immediately if You do not agree to these Terms or the User guidelines.

2. Prohibited Acts

You shall not engage in any illegal or inappropriate activities with respect to the Company Assets, including the following acts, and in the event You commit or attempt to commit such acts, You may be subject to civil and/or criminal charges in accordance with relevant laws and regulations in addition to restrictions on the use of the relevant MOMA LIVE services.

(a) You shall not use the Company Assets for any illegal purpose or any purpose not explicitly authorized herein.

(b) You shall not engage in any acts that cause impairments to MOMA LIVE by damaging, disabling or overburdening the Company Assets.

(d) in using MOMA LIVE, You shall not commit any of the following acts nor any acts that amount to any of the following acts that the Company may reasonably deem to be inappropriate in light of the purpose, etc. of providing MOMA LIVE:

- (i) Violation of laws and regulations, rulings, decisions and orders of the court, and/or administrative measures that are legally binding;

- (ii) Acts that undermine, or are likely to undermine, public order or moral customs;

- (iii) Infringement of intellectual property rights (e.g., copyrights, trademarks, patents, design rights, etc.), moral rights, proprietary rights, rights of reputation, privacy rights, any other statutory or contractual rights, if applicable, of the Company and/or third parties;

- (iv) 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;

- (v) Impersonation of the Company and/or third party, or intentionally disseminating false information

- (vi) Account hacking, theft of name, fraudulent use of credit cards or other inappropriate acts relating to purchase or payment;

- (vii) Sending the same or similar photos, voice and/or text messages, etc. to an unspecified number of Users, indiscriminately adding other Users as friends, and other acts that the Company has determined as spam;

- (viii) 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 MOMA LIVE for any purpose other than those prescribed herein;

- (ix) Providing benefits to, sympathizing with or supporting criminal organizations and/or anti-social groups that engage in terrorism, violence, drugs, human trafficking, etc.;

- (x) Using MOMA LIVE for purposes of financial crimes;

- (xi) Encouraging other Users to participate in religious activities or join religious organizations;

- (xii) Acts that interfere with the server and network system of MOMA LIVE, acts of illegally manipulating MOMA LIVE by using BOT, cheating tools, or other technical means, acts of intentionally using MOMA LIVE’s system failures, acts of making unfair inquiries or requests to the Company (e.g., excessively repeating the same inquiry), or other acts that obstruct or hinder the Company’s operation of or other Users’ use of MOMA LIVE;

- (xiii) Generating data through recording, screen capturing, photographing, etc., in the course of using MOMA LIVE, or leaking such generated data to a third party or distributing it through a third party;

- (xiu) Allowing others to access MOMA LIVE with Your account by sharing Your password or lending Your account to others or accessing MOMA LIVE with another person’s account;

- (xv) Using MOMA LIVE for purposes other than its intended use;

- (xvi) or Aiding or encouraging any of the acts falling under any of the acts stated above except for i. through ii. above.

(e) You shall not alter another website so as to falsely imply that it is affiliated with the Company and/or the Company Assets.

(f) You shall not use the Company Assets or falsely imply that You are affiliated with the Company and/or the Company Assets for any commercial purpose.

(g) You shall not use or access any of MOMA LIVE by any means other than through the interface provided by MOMA LIVE.

(h) You shall not exchange the right to use MOMA LIVE for cash, property or other economic benefits other than as permitted by the Company.

(i) You shall not commit or engage in any acts that are in violation of these Terms, Community Guidelines, etc.

3. Prevention of Unauthorized Use

The Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized and/or illegal use of MOMA LIVE, including, but not limited to, technological barriers, IP mapping, and directly contacting Your wireless (cellular) carrier.

4. Protection of Personal Information

The Company strives to protect Your personal information as provided by relevant laws and regulations. You can find the latest version of the Company’s Privacy Policy

4. Protection of Personal Information

The Company strives to protect Your personal information as provided by relevant laws and regulations. You can find the latest version of the Company’s Privacy Policy

5. Feedback

Any comments, suggestions, or feedback relating to MOMA LIVE and/or the MOMA LIVE App (“Feedback”) submitted by You to the Company shall become the property of the Company. The Company will have exclusive ownership of all rights to the Feedback. The Company will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to You or any other person, and will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to MOMA LIVE and/or the MOMA LIVE App (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that the Company will not be responsible for whatever Feedback that You submit, including its legality, reliability, appropriateness, originality, and copyright.

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. In the event that the Company transfers the business related to MOMA LIVE to its affiliate, Your contractual position, rights and obligations under these Terms, and Your registration information and other user information shall be transferred to the transferee of the business, and You agree to such transfer. The business transfer stated in this Section shall include not only ordinary business transfer but also divestiture and other change of ownership or control.

CHAPTER 5. Use of Services

Section1. Content of Service

1. General Provisions

(a) You use MOMA LIVE under Your own responsibility and shall be fully responsible for all acts and consequences thereof arising within MOMA LIVE. When You register a password for the use of MOMA LIVE, You must strictly manage it under Your own responsibility in order to prevent misuse. The Company may regard any and all acts made using Your registered password as Your own.

(b) The Company may change all or parts of MOMA LIVE at any time if it deems it necessary to improve the performance or security of MOMA LIVE, to change its features or composition, to comply with laws and regulations, or to prevent illegal activities on or abuse of MOMA LIVE’s system. In such case, in principle, a prior notice shall be given to the Users regarding any material changes or suspensions that adversely affect the Users as and when reasonably practicable. However, if prior notice is not reasonably possible, if measures are needed to improve the security or compatibility of MOMA LIVE, or if it is necessary for the prevention of abusive acts or compliance with legal requirements and so on, such notice may be given after. If the Company cannot disclose the reasons or contents of any change, etc. in detail, the Company will explain the reason thereof. If You do not agree to the change of all or part of MOMA LIVE, You may be restricted from using all or part of its features.

(c) The Company provides customized services and advertisements to Users by using User information such as service use records. This means that advertisements may be included as part of MOMA LIVE provided by the Company. You may sometimes have to view unwanted advertisements using MOMA LIVE. Such advertisements contribute to the Company’s ability to provide You with MOMA LIVE free of charge by default and furthermore serves as a foundation for the Company to invest in research and development in order to better serve Users. Meanwhile, in order to provide better service, the Company may display on MOMA LIVE or directly send to the Users’ e-mail addresses various information, including notices in relation to the use of MOMA LIVE, administrative messages. The Company may also display advertisements and other promotional messages on MOMA LIVE or directly send such messages to the Users’ e-mail addresses, if applicable.

(d) The Company employs its utmost efforts to provide the best service to the Users. However, MOMA LIVE may be temporarily suspended due to maintenance of facilities, regular and/or irregular inspection for repair, or other substantial reasons; in such case, the suspension will be notified in advance on the MOMA LIVE service screen, unless there are urgent circumstances such as compliance with legal requirements or maintenance of service security, etc.

(e) The Company monitors Your Content in various ways, including automated and human methods, to the legal and technological extent permitted, in order to detect Content in violation of relevant laws, these Terms and/or the User Guidelines, or Content that is inappropriate and/or indecent. You understand and agree that the Company may monitor or review any and all Content that You transmit or share through MOMA LIVE, including Your video chat screen.

2. User Tier Status

Depending on the regions, we may provide different services based on the tier status of Users in accordance with our tier status operation policies. In such a case, the User tier status will be granted by the standards set by the Company. The Company may make a distinction in contents of the service between different User tiers, and the Company can change such contents of service due to our circumstances at our discretion. Detailed information of such service will be posted separately in accordance with the notification stipulated in these Terms.

3. Affiliated Partner Services

MOMA LIVE may include services and/or content provided by third-party service providers affiliated with the Company. The responsibility for such services and/or content lies with the third-party service providers. In addition, the service terms and conditions of the third-party service providers may apply to such services and/or content. As such, please refer to the service terms and conditions and privacy policy of the applicable third-party service providers as necessary.

4. Advertising

The Company may place advertisements of the Company within MOMA LIVE.

5. Definition

(a) “Diamonds”

Diamond is an electronic token that can be used to acquire items within MOMA LIVE. The units, payment methods, and other conditions for conferring Diamonds are determined by the Company and posted on MOMA LIVE.

(b) “Item”

Items are virtual commodities or gifts You can purchase and use in MOMA LIVE. You can own or send Items to other Users within MOMA LIVE Live. You can purchase an Item within MOMA LIVE, including MOMA LIVE Live. Items can be converted into Stars according to the conversion rates and policies announced separately by the Company in MOMA LIVE.

Section 2. Fee-Based Services

1. Purchase of Fee-Based Services

(a) Diamonds

Diamonds are granted to Users through purchase within MOMA LIVE, promotions, or other methods designated by the Company. The Company shall determine and display on MOMA LIVE the purchase units of Diamonds, payment methods, and other conditions for granting of Diamonds.

(b) Payment of Charges

If You purchase any Diamonds /or other fee-based services (collectively, “Products”), You hereby agree to pay all charges to Your account, including taxes and fees applicable to the Company and You.

You agree to abide by any relevant terms of services of the Application Stores and to perform any contractual obligations resulting therefrom.

You agree that if You purchase any Products through an Application Store, all payment related questions, issues and/or complaints shall be handled in accordance with the relevant Application Store’s terms of service for payment processing. The Company is not authorized to intervene with regard to the foregoing, and in no event will the Company have any responsibility in connection with the same.

The Company cannot change the settings of Your Device. If You, based on Your own judgment, purchase Products by setting up simple payment functions that omit authentication procedures on Your Device, the Company cannot be involved in such process and shall not be held liable for the same.

Please be careful not to allow Your acquaintances, children or family members to use Your Device to purchase any Products. Except as otherwise provided under relevant laws, You will be liable for payment of, and the Company shall not assume any liability for, the purchase of Products by any of Your acquaintances, children or family members without Your consent or against Your will.

2. Period of use, exchange, and transfer of Products

(1) Period of use

Products can be used for 5 years from the date of purchase, and will expire after 5 years from the date of purchase. However, the period during which a User can use Diamonds acquired by a method other than purchase is subject to conditions provided by the Company.

(2) Exchange of Products

Products as flat-rate service or item cannot be exchanged for cash, property, and economic benefits other than services or content designated by the Company. Terms of use required for service or content exchange are determined by the Company and posted on MOMA LIVE.

(3) Transfer of Products

A Product can only be used on the account where it was purchased and cannot be transferred to another account by any method other as recognized by the Company.

3. Refunds

Unless otherwise specified in these Terms or required under applicable law, any Products are not refundable, in any event, after purchase:

4. Minors

If a User is a minor (under eighteen (18) years of age) or a person with limited competence as defined under law, the consent of the User’s parents or legal representative is required to purchase any Products. If a minor purchases a Product without the consent of his/her legal representative, the minor and/or legal representative may cancel the purchase. However, if a minor’s purchase is made within the scope of disposable property permitted by his/her legal representative, or if the minor uses trickery, such as using payment information of an adult without consent, to cause the Company to believe that he/she is not a minor, such purchase may not be cancelled even if it was made without the consent of the legal representative.

CHAPTER 6. MOMA LIVE

The Company provides MOMA LIVE live streaming service, This chapter applies to Your use of MOMA LIVE.

1. Use of MOMA LIVE

(1) MOMA LIVE may not be available in certain countries or areas. This Chapter does not apply where this feature is not available.

(2) MOMA LIVE is for Users of MOMA LIVE at or over the age of 17. Making an attempt to access or use MOMA LIVE by an individual aged under 17 is strictly prohibited and is considered as a serious violation of these Terms.

2. Hosting and participating in live broadcasts

(1) In MOMA LIVE, You can be a broadcast host (hereinafter referred to as “host”) or You can create, send, or share contents as a broadcast assistant (hereinafter referred to as “guest”) or a viewer.

(2) A host can designate up to five managers (hereinafter referred to as “Manager”) in the broadcast that he or she hosts.

(3) Contents created, sent, or shared within MOMA LIVE may not violate relevant laws, these Terms, or the User guidelines.

3. Gift Items

(1) Users can send or receive Items as gifts from other Users who participate on a broadcast channel within MOMA LIVE.

(2) Please note that once You gift an Item to another User within MOMA LIVE, use of the Diamonds needed for the gifting is completed. Therefore, You will not be refunded for items used to send gifts or for gifts sent to other users on MOMA LIVE Live by the Company.

(3) The Company cannot cancel the Item that you have already gifted, in the absence of applicable law, a final legal judgement or a similar decision, and does not bear any responsibility related thereto.

4. Rewards

Users can earn benefits based on their activity on MOMA LIVE and receiving gifts. The Company makes no assurances to any User that any User receiving Items will receive a financial benefit.

5. Operation and use of contents

(1) MOMA LIVE

- (i) In the event You upload or otherwise provide video, audio (e.g., music or other sounds), pictures, photos, text (e.g. dialogues, comments and scripts), branding (e.g., brand name, trademark, service mark or logo), interactive features, software, metrics and other type of materials (collectively, “MOMA LIVE Content”) on MOMA LIVE, You hereby grant the Company and its affiliates a non-exclusive, unlimited, royalty-free, worldwide, sub-licensable and transferable license regarding such MOMA LIVE Content.

- (ii) You agree that registered and non-registered Users of MOMA LIVE may view Your MOMA LIVE Contents. If You do not agree with the above, please terminate Your use of MOMA LIVE immediately. The Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, perform, display, broadcast, distribute, rent, publicly transmit, or otherwise use or create derivative works in connection with Your MOMA LIVE Content in accordance with the above license. You can delete MOMA LIVE Content displayed on MOMA LIVE individually or all at once by deleting Your account. In addition, so that the Company can prevent the unauthorized use of Your MOMA LIVE Content, You authorize the Company to act on Your behalf with respect to infringing uses of Your MOMA LIVE Content taken from MOMA LIVE by other Users or third parties. The Company and its affiliates’ license to Your MOMA LIVE Content is used for the limited purposes of operating, developing, providing, improving, and promoting MOMA LIVE and researching and developing new services of the Company to the extent that such use does not infringe on Your privacy in accordance with applicable laws, including the Personal Information Protection Act.

(2) Responsibility of the MOMA LIVE Content operator

- (i) For MOMA LIVE Contents transmitted or shared through MOMA LIVE, the User who created, transmitted, or shared the MOMA LIVE Content bears full responsibility. The Company shall not bear any responsibility except as otherwise provided by law for the MOMA LIVE Content transmitted or shared through MOMA LIVE.

- (ii) If You are required to pay royalty, fees, or other expenses to a third party due to Your MOMA LIVE Content, You are fully responsible for the payment.

- (iii) Regarding Your MOMA LIVE Content, You must guarantee the following for using MOMA LIVE. In the event of a violation of any of the following, you may be subject to suspension or termination of your account. You may also be liable for civil or criminal liability accordingly, and the Company may take action against You to the extent permitted by law to minimize resulting damages incurred to third parties or the Company.

-- (1) You are the only creator or legitimate owner of the MOMA LIVE Content, or have legitimate authority over the transmission and use of the MOMA LIVE Content.

-- (2) The MOMA LIVE Content You send, share, or display a) do not include any information regarding intellectual property rights, trade secrets, or personal information of a third party, and b) do not infringe or damage the personal rights, intellectual property rights, property rights, or other rights of a third party.

(3) Duty of care when using the MOMA LIVE Content

6. Restrictions on the use of MOMA LIVE, such as live broadcasts

Where a host violates Terms or commits an illegal act such as unlawful copying, illegal use of another’s name, fraudulent use of a credit card, fraud, defamation, or violation of the Act of on Sexual Crime of Violence or Act on the Protection of Children and Youth against Sex Offenses, the Company may, based on its judgement, restrict or remove the User’s authority to conduct a live broadcasting show as a host. Except where notification is not permitted by law (for example, when the act of notification results in violation of law or regulatory rules, or obstruction of a regulatory agency’s investigation) or could reasonably cause harm to a User, third party, or the Company (for example, harming the security system of MOMA LIVE), the Company will notify the applicable User at issue without delay.

CHAPTER 7. Third Parties Relating to Service Use

1. Authority to Use Bandwidth and Device

(a) If Your use of MOMA LIVE is dependent upon the use of bandwidth owned or controlled by a third party, You acknowledge and agree that You must obtain consent from the relevant third party for such use and that the Company will not be liable in any way with regard to the foregoing.

(b) You must own or have the legal right to control the use of the Device to which You are downloading the MOMA LIVE App and/or through which You are accessing the website that provides MOMA LIVE. You must delete the MOMA LIVE App and related personal information from the Device if You intend to sell, assign or otherwise cease to have the legal right to control use of the Device. You will be solely responsible for any problems that may result from Your failure to delete the same.

2. Use of Third-Party Software

These Terms also apply to Your use of any third-party software or technology that is incorporated in MOMA LIVE.

3. No Access to Emergency Communication Services

MOMA LIVE does not constitute common telecom service as classified under relevant laws. Therefore, due to physical limitations, the Company does not support or carry emergency call services to any type of medical institutions, law enforcement agencies, etc. for the Users. Please note that MOMA LIVE is not a replacement for Your primary telephone service.

4. Third-Party Fees

If You use Your native SMS application to deliver messages or invitations to people who are not registered Users of MOMA LIVE and with whom You choose to communicate, the third party providing such SMS services may charge You additional fees for such use.

5. Third-Party Sites, Products, and Services

MOMA LIVE may include links or references to other websites and/or services provided by third parties (collectively, “Reference Sites”) solely for the convenience of the Users. The Company is not liable for any representations and/or warranties regarding any such Reference Sites, and ACCESS AND USE OF REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage You to read the terms and conditions and privacy policy of any Reference Sites that You visit. In addition, Your correspondence or business dealings with advertisers found on or through Reference Sites are solely between You and such advertiser.

CHAPTER 8. Termination of Service and Restrictions of Use

1. Termination of Service and Withdrawal from Service by You

(a) To terminate Your use of the service, You may delete Your account by going through “Set up > Account Cancellation > Delete Account” in the Set up.

2. Restriction or Termination of Service by the Company

(a) If the Company determines that any of the following has occurred, or that there is sufficient probability that it may occur, the Company may limit Your use of MOMA LIVE and/or suspend Your account temporarily or permanently by restricting the receipt of gifted Items under Article 3, Chapter 6 or refusing to pay the revenue under Article 4, Chapter 6. Unless applicable laws stipulate otherwise, the Company shall not be liable with regard to such limitation and termination of service:

- (i) If You commit any of the Prohibited Acts under Article 2, Chapter 4;

- (ii) If any purchase of Products has been cancelled pursuant to Article 4, Section 2, Chapter 5;

- (iii) If any investigation related to the use of MOMA LIVE is commenced against You;

- (iv) If anyone who is not eligible or authorized to use MOMA LIVE under these Terms use MOMA LIVE;

- (v) or If the Company reasonably deems that You have otherwise committed an act that is immoral in light of social norm.

(b) The Company will notify You without delay of the reasons for any such suspension or termination of service provision, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of MOMA LIVE).

(c) The Company may delete Your account information after prior notice to You, which may result in termination of the Service Use Agreement in relation to MOMA LIVE, if You have not logged on or accessed MOMA LIVE for a period that is specified under relevant laws and regulations, these Terms, or the Company’s separate operation policies related to MOMA LIVE. However, if the Company is unable to notify You (e.g., You did not provide a valid e-mail address to the Company at the time of registration for service membership), Your account may be deleted without notice.

(d) You or Your legitimate representative (“Content Removal Requester”) may request the Company remove any content displayed on MOMA LIVE by other users that violates Your rights including public fame (or honour), or privacy, by providing the Company the proof of such violation. If the Company is unable to determine whether the subject content violates Your rights, or if a dispute between the parties is expected, the Company may take temporary measures to prevent anyone’s access to such content (“temporary measures”) for up to thirty (30) days.

(e) If the Company takes the temporary measures to any content under Paragraph (d) above, the uploader of such content may request to restore the content to the Company (“Complaint Against Removal”) during the term of the temporary measures. The Company may take actions in accordance with the agreement between the parties, the court decision, the administrative order or any other decision of the pertinent government agencies submitted to the Company. If no Complaint Against Removal is submitted to the Company, the Company may delete the subject content after the term of temporary measures expires.

(f) The Company may take temporary measures without a user’s request under Paragraph (d) above or a report from a third party if the Company determines that the content violates the rights, privacy or fame (honor) of a user or a third party at its discretion. In such a case, the temporary measures shall be taken in accordance with the procedures provided in Paragraphs (d) and (e).

CHAPTER 9. Indemnification and Warranty Disclaimers

1. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS LICENSORS, ITS PARTNERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY “THE COMPANY PARTIES”), FROM AND AGAINST ANY AND ALL DAMAGES THAT RESULT FROM CLAIMS AND/OR ACTIONS BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, IN CONNECTION WITH OR ARISING OUT OF (i) YOUR VIOLATION OR BREACH OF ANY PROVISION OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION, (ii) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, (iii) YOUR USE OF MOMA LIVE AND/OR THE COMPANY ASSETS FOR AN UNJUSTIFIED PURPOSE, (iv) ANY DISPUTE WITH ANOTHER USER RESULTING FROM YOUR USE OF MOMA LIVE AND/OR COMPANY ASSETS, OR (v) ANY TAXES AND FEES RELATED TO YOUR PURCHASE IN CONNECTION TO MOMA LIVE. The Company Parties reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company Parties. You agree not to settle any matter without the prior written consent of the Company, and any settlement executed without such consent of the Company will be null and void against the Company Parties.

2. WARRANTY DISCLAIMERS

(a) MOMA LIVE is provided to You “AS IS” and “AS AVAILABLE” with no warranties. The Company hereby disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory, or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.

(b) ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF MOMA LIVE, UNLESS STIPULATED OTHERWISE BY LAW. You can resolve any issues by closing your account and uninstalling the MOMA LIVE App from Your Device or ceasing Your use of the same.

(c) THE COMPANY DOES NOT WARRANT, EXPRESS OR IMPLIED, THAT MOMA LIVE AND/OR THE MOMA LIVE APP WILL BE WITHOUT ACTUAL AND/OR LEGAL DEFECT (INCLUDING DEFECTS RELATING TO SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ERRORS AND BUGS, AND NON-INFRINGEMENT). The Company is not liable in any way to remove or correct any such defects and provide MOMA LIVE to You.

(d) THE COMPANY DOES NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH MOMA LIVE AND/OR THE MOMA LIVE APP WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

3. LIMITATION OF LIABILITY

EXCEPT FOR DIRECT DAMAGES CAUSED BY THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF MOMA LIVE AND/OR THE MOMA LIVE APP. THE FOREGOING SHALL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY THEREOF. In the event that the Company is liable for damages regarding the purchase of Products by You, such as when the Product is purchased due to the leakage of Your personal information resulting from the Company’s intentional misconduct or gross negligence, THE AMOUNT OF DAMAGES SHALL BE LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT, VERIFIED THROUGH YOUR SUBMISSION OF EVIDENTIARY DOCUMENTS.

ABSENT THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY OTHER USERS AND/OR THIRD PARTIES, including (i) personal damages arising from Your access to and/or use of MOMA LIVE; (ii) damages caused by a third party’s illegal access and/or use of the Company’s server; (iii) damages caused by a third party’s interruption of transmission to and from the Company’s server; (iv) damages caused by a third party’s transmission or dissemination of malicious programs; (v) damages caused by omission or destruction of transmitted data; and (vi) defamation.

4. BASIS OF THE BARGAIN

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS (ARTICLE 2, CHAPTER 9) AND THE LIMITATIONS OF LIABILITY (ARTICLE 3, CHAPTER 9) SET FORTH HEREIN.

5. Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.

CHAPTER 10. Interpretation of Terms, Governing Law and Dispute Resolution

1. Entire Agreement

These Terms represents the complete agreement concerning the matters covered between the Company and You. If any provision of these Terms 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.

2. Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

3. Injunctive Relief, etc.

You acknowledge that the obligations made hereunder to the Company are of a unique and irreplaceable nature. Your violation of such obligations may cause irreparable harm to the Company, which may not be replaced by monetary damages alone, and thus, the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by You.

5. Governing Law and Jurisdiction

In principle, these Terms are governed by the laws of the Republic of Indonesia, and You consent and agree to the exclusive jurisdiction of the Jakarta Selatan District Court with regard to disputes related to these Terms. However, if the laws of the country in which You reside stipulate otherwise regarding the interpretation of these Terms and jurisdiction, such laws shall apply.

Additional Information: To receive information or technical support for MOMA LIVE, please mail to [email protected]