User Agreement
Dear user, before agreeing to this agreement, please read and fully understand the rules and requirements of instamoment, as well as the relevant laws and regulations of the country regarding such internet information services. If you have any objections to any of the terms of this agreement, you are not entitled to use; using it means that you agree to comply with all the provisions under this agreement, as well as any modifications we may make to this agreement at any time, and fully comply with our unified management. This agreement has highlighted in bold the terms that are or may be of significant concern to your rights, as well as those that may exempt or limit the liability of instamoment. Please pay attention.
Chapter 1 General Provisions
- Article 1 instamoment is a social platform provided by OrangeLabs Information (hereinafter referred to as "our team") for users to use for entertainment and making friends. instamoment will provide users with technical support, virtual gifts, traffic entry points, and other services required for socializing.
- Article 2 The ownership, operating rights, and management of instamoment belong to our team.
- Article 3 This agreement is made between you and our team regarding the download, installation, use, and copying of the software, as well as the use of related services provided by instamoment. The final interpretation right of this agreement belongs to our team.
Chapter 2 instamoment Account
- Article 4 After successful registration, instamoment will provide you with an account (hereinafter referred to as "instamoment account"). When using the instamoment account, any personal information you submit to instamoment indicates that you agree to the privacy policy of this agreement and explicitly agree to the processing of your personal information according to this privacy policy. By using instamoment products, services, or browsing web pages, you agree to instamoment collecting, retaining, and sharing your relevant personal information with partners.
- Article 5 The nature of the instamoment account is a voucher for you to receive services provided by instamoment; it is also a voucher for you to hold and use virtual property. If you need to accept value-added services provided by instamoment, the instamoment account is also the voucher for you to pay fees and receive value-added services.
- Article 6 The instamoment account is for your personal use only and is prohibited from being given away, lent, rented, transferred, or sold. If instamoment finds that the user is not the initial registrant of the account, instamoment has the right to reclaim the account without notice and without legal liability to the account user and/or the initial registrant. Any resulting losses, including but not limited to communication interruptions, data and virtual property clearance, shall be borne by you.
- Article 7 You can set your account name, avatar, signature, and other registration information on your own, and it must not contain illegal, inappropriate, or content that our team reasonably deems unsuitable for use as registration information: if such a situation exists, instamoment has the right to take measures such as requiring rectification within a specified period, suspending use, or canceling the registration.
- Article 8 You agree that instamoment may use your name (including but not limited to real name, pen name, online name, and any character symbols representing your identity), portrait (including but not limited to real and cartoon portraits), and other related personal information for various promotional activities of instamoment, sharing with partners, and jointly displaying content that may be of interest to users with partners.
- Article 9 You are responsible for the security of your instamoment account information and are legally liable for the actions under the instamoment account. You agree not to disclose your instamoment account information to others under any circumstances. If you suspect that someone else is using your instamoment account, you should immediately notify our team.
Chapter 3 User Description
- Article 10 Any user who downloads, browses, and posts content is an instamoment user. You can engage in social activities on instamoment and interact with other registered users, give or receive virtual gifts from other registered users or instamoment. Once a virtual gift is given, it cannot be revoked. However, you and instamoment do not form any relationship other than the legal relationship agreed upon in this agreement, including but not limited to employment, labor, or service relationships at the legal system level.
- Article 11 You must be at least 18 years old. The content of this agreement is not excluded by the laws of your country or region. If you do not meet the above conditions, you are not entitled to use and should immediately terminate registration or stop using.
- Article 12 You are responsible for the network, equipment, and ensuring the clarity and stability of the voice quality required for socializing and watching room audio live streams. instamoment does not bear any obligation or responsibility for this.
- Article 13 Your personal information will be protected by reasonable measures taken by our team. Except as otherwise provided in this agreement, by law, or for other reasonable reasons, no individual or entity is allowed to inquire about your personal information without your consent, except for lawful inquiries by government authorities, and except for information you have set to be public.
- Article 14 Without violating applicable laws and regulations and the provisions of this agreement, you enjoy the right to freedom of speech.
- Article 15 Your words and actions must not violate the "Measures for the Security Protection and Administration of International Networking of Computer Information Networks," "Administrative Measures for Internet Information Services," "Regulations on the Management of Internet Electronic Bulletin Board Services," "Decision on Safeguarding Internet Security," "Provisions on the Administration of Internet News Information Services," and other relevant laws and regulations. You must not post, disseminate, or otherwise transmit any live content or information containing the following:
- 1. Opposing the basic principles determined by the Constitution;
- 2. Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
- 3. Damaging the honor and interests of the state;
- 4. Inciting ethnic hatred, ethnic discrimination, or undermining ethnic unity;
- 5. Undermining national religious policies, promoting cults, and feudal superstitions;
- 6. Spreading rumors, disrupting social order, and undermining social stability;
- 7. Spreading obscene, pornographic, gambling, violent, murderous, terrorist content, or inciting criminal activities;
- 8. Insulting or defaming others, infringing upon the legal rights of others;
- 9. Without obtaining permission, secretly photographing or recording others, infringing upon the legal rights of others;
- 10. Inciting illegal assemblies, associations, processions, demonstrations, or gatherings that disrupt social order;
- 11. Acting in the name of an illegal civilian organization;
- 12. Containing false, harmful, threatening, infringing on privacy, harassing, abusive, insulting, defamatory, slanderous, vulgar, obscene, or other morally offensive content;
- 13. Infringing upon the intellectual property rights of others;
- 14. Containing any other content restricted or prohibited by Chinese laws, regulations, rules, and any legally binding norms.
- Article 16 You may not post any form of advertisements within instamoment.
- Article 17 You may not engage in any form of online gambling activities, including using virtual currency as stakes or bets for online gambling, or organizing offline gambling activities through the live streaming platform. instamoment will closely monitor such activities and has the right to cooperate with relevant authorities by providing your identity information, transaction records of the relevant accounts, and other information as required for investigations.
- Article 18 You shall bear all civil, administrative, or criminal legal responsibilities resulting directly or indirectly from your personal actions. If your violation of laws and regulations or this agreement causes losses to our team, you shall be responsible for compensating all direct or indirect losses.
- Article 19 It is prohibited to use any illegal software for content manipulation or to violate content posting rules.
- Article 20 If you find any content on instamoment that is suspected of being illegal, insulting or defaming others, infringing upon the legal rights of others, or violating this agreement or any operational and management rules of instamoment, you have the right to report it directly.
- Article 21 You may obtain instamoment directly from a third party authorized by our team. If you obtain instamoment or an installation program with the same name from a third party not authorized by our team, we cannot guarantee that the software will function properly, and we will not be responsible for any losses you may incur as a result.
Chapter 4 Rights Declaration
- Article 22 Our team has the right to establish platform operation rules and registered user management rules, and the right to change, adjust, suspend, or terminate such rules based on operational circumstances. Our team has the right to monitor content on instamoment and to take action against users who violate the agreement.
- Article 23 Your audio social activities and content postings on instamoment are personal actions and are unrelated to our team. You are solely responsible for the truthfulness and legality of your posted content and any resulting liabilities. Our team bears no responsibility for any legal disputes arising from your voice and speech. If instamoment suffers any losses as a result, instamoment has the right to seek compensation from you, and you shall bear full liability for damages. The ways in which you may be required to compensate include, but are not limited to, paying an amount equal to the actual or anticipated loss as notified in writing by instamoment, and instamoment has the right to directly deduct the corresponding losses from your accumulated virtual assets.
- Article 24 Any disputes and/or losses that arise or may arise between users due to the use of instamoment shall be resolved and borne by the users themselves, and are unrelated to our team.
- Article 25 Our team shall not be liable for any damage compensation if the instamoment system cannot operate normally, preventing you from using various services or causing the loss of any information or virtual property, under the following circumstances:
1. During system maintenance, upgrades, or adjustments announced by instamoment;
2. When telecommunications or equipment failures prevent data transmission;
3. Due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks, government control, etc., causing instamoment system obstacles and inability to conduct business;
4. Service interruptions or delays caused by hacker attacks, technical adjustments or failures of telecommunications, website upgrades, or issues with related third parties;
5. Other situations not explicitly listed in this article where instamoment does not have intentional or gross negligence.
Chapter 5 Penalty Rules
- Article 26 If any of the following situations occur during your use of instamoment, our team's administrators have the right to take measures without notice, including closing part or all permissions, temporarily or permanently blocking accounts, or cooperating with relevant authorities for adjustments.
- 1. Posting or disseminating content prohibited by Article 15 of this agreement;
- 2. Posting meaningless spam content;
- 3. Repeated occurrence of the same content;
- 4. Violating the provisions of Article 16 by posting advertisements;
- 5. Engaging in any form of gambling activities as stipulated in Article 17;
- 6. Content that seriously affects your browsing experience or format;
- 7. Engaging in illegal commercial activities;
- 8. Impersonating administrators or damaging the image of administrators;
- 9. Using illegal software to manipulate content or violating content posting rules as stipulated in Article 19;
- 10. Using vulgar or inappropriate nicknames;
- 11. Posting content that infringes on others' intellectual property rights and is reported;
- 12. Other situations deemed inappropriate by our team.
- Article 27 If a user's account is temporarily or permanently banned due to any of the circumstances listed in Article 26, the remaining virtual currency in your account will be temporarily frozen or fully deducted during this period and cannot be used to purchase virtual products or services on the platform. The cash value of the virtual currency will not be refunded. For any remaining virtual items in your account, instamoment has the right to deduct all virtual property obtained based on the behavior described in Article 26 according to system monitoring records. If your actions cause losses to the platform, instamoment has the right to deduct virtual items from your account within the scope of the platform's losses.
- Article 28 instamoment has the right to provide improvement suggestions and opinions on your statements made on the platform. You must make the necessary corrections within three working days after receiving such suggestions or opinions; otherwise, instamoment has the right to take the corresponding punitive measures as described in Articles 29 and 27. To avoid doubt, instamoment also reserves the right to directly take the punitive measures described in Articles 26 and 27 without giving you the opportunity to correct the issues if it deems it necessary.
- Article 29 To provide a high-quality communication platform for users and to ensure the healthy and positive development of instamoment, instamoment will impose severe penalties on users who engage in reactionary, pornographic, or inappropriate content, any form of online or offline gambling activities, or money laundering through the platform. Upon discovery of such behavior, the account will be permanently banned, all content will be deleted, and all virtual property in the account will be deducted.
If instamoment determines that the source of the virtual property in a user's account is abnormal, instamoment has the right to temporarily freeze the account and conduct an investigation. If the investigation confirms that the source is abnormal, instamoment has the right to confiscate the abnormally sourced portion, and in serious cases, to ban the account. Abnormal sources include, but are not limited to: recharging through unauthorized channels, exploiting system bugs, vulnerabilities, or cheats, and other illegitimate means.
Chapter 6 Intellectual Property
- Article 30 The services provided by instamoment, including the websites, web applications, software, and their textual, pictorial, video, and audio elements, as well as the service marks and patents, are the intellectual property of instamoment.
- Article 31 instamoment has the right to rebroadcast or cite any content you post on instamoment.
- Article 32 You grant instamoment a worldwide, free, perpetual, irrevocable, and fully sublicensable right to use any content you publish on instamoment at any time, including but not limited to: the rights of reproduction, distribution, rental, exhibition, performance, screening, broadcasting, information network dissemination, filming, adaptation, translation, compilation, and other property rights of copyright as stipulated by the Copyright Law.
- Article 33 The authorization you give to instamoment is exclusive, including your performance and portrait rights, and no third party may reproduce, modify, edit, transfer, use, or otherwise utilize any live content or statements you have made on instamoment without the consent of instamoment. This includes, but is not limited to, capturing audio signals, editing audio/text, and other forms of content. You authorize instamoment to file lawsuits or take other legal actions independently against any entity for infringement and to obtain full compensation.
- Article 34 You may not perform reverse engineering, reverse assembly, or reverse compilation on any related web pages, applications, software, or other products provided by instamoment.
- Article 35 If the information, content, or materials you post, store, use, or disseminate on instamoment infringe upon the intellectual property rights of a third party, instamoment provides a complaint channel and will take active steps to terminate such behavior upon verification. However, any legal disputes and liability for compensation arising from such behavior shall be borne by you. If instamoment suffers any losses as a result, instamoment has the right to seek compensation from you, and you shall bear full liability for damages. The ways in which you may be required to compensate include, but are not limited to, paying an amount equal to the actual or anticipated loss as notified in writing by instamoment, and instamoment has the right to directly deduct the corresponding losses from your accumulated virtual assets.
Chapter 7 Miscellaneous
- Article 36 instamoment reserves the right to modify or supplement the content of this agreement. The modified text of this agreement will be announced on instamoment or through other methods deemed feasible by instamoment. The modified text takes effect immediately upon announcement and applies to all users, including those who registered before the modification. If you continue to use the service after the agreement has been revised, it will be deemed that you agree to the latest version of the agreement; otherwise, you must immediately stop using instamoment.
- Article 37 Any disputes arising from or related to this agreement shall be governed by the laws of the People's Republic of China. In case of any dispute arising from or related to this agreement, the parties should first attempt to resolve it through friendly negotiations. If the negotiations fail, you agree to submit the dispute to the jurisdiction of the People's Court with competent jurisdiction where this agreement was signed.
- Article 38 For issues not covered in this agreement, refer to the relevant laws and regulations of the country. In the event of a conflict between this agreement and national laws and regulations, the national laws and regulations shall prevail.