MIYA User Agreement Terms

This application is owned and operated by HONG KONG AIRLIVE (INT'L) TECHNOLOGY CO., LIMITED. In order to protect rights and interests of you (hereinafter referred to as the user), please read the following terms (hereinafter referred to as “the terms”) in detail before registering to use the service of the company (hereinafter referred to as “MIYA”). When you click to enter, it means that you have carefully reviewed and understood the terms, and agreed to fully comply with the company's management rules and regulations.

I. Cognition and Acceptance of Terms

You understand that after you have registered to be a member of the company, you may use kinds of services provided by the company (hereinafter referred to as “the service”) , and it indicates that you have read, understood and agreed to be bound by all the contents of the term. When a member uses the service, it means that he or she agrees to abide by the terms and also agrees to accept the Membership Specification of the company (including the “MIYA” Content Management and Disposal Regulations, Announcement Matters, Specifications of Individual services, etc.) and abide by the relevant laws and regulations. If you are under the age of 20, you should obtain the permission of your legal representative (such as parents and legal guardian) before your registration. If you press the “login” button, you will be deemed to have obtained the consent of your legal representative or to be in fully compliance with requirements of legal action, and have full capacity for all terms of the service.

Ⅱ. Additions and Modification to the Terms of Membership Service

The company reserves the right to add and amend the term and relevant rights of Membership Specification. No further notice will be given in case of any addition or modification of the term .You may review the new version in real time on our website or on this platform. If you do not agree with the revised content, please do not continue to use the service. If you continue to use the service after the announcement, you are deemed to have accepted and agreed to the revised terms.

Ⅲ. Membership Services and Restrictions

(1) Real Registration Obligations

You agree to provide detailed personal data (including real name and relevant information) when you register as a new member and you should update online in case of any change at any time. If the personal data you provide is untrue (if you store value in untrue way, it is also be deemed as data untruth) or misleading, the company shall have the right to terminate your membership and access to all service at any time.

(2) Responsibilities and Obligations of Service Use

1. You fully understand and agree that “MIYA” is only a platform for sharing, transmitting and obtaining information, and that users are responsible for all actions under their registered accounts, including any content you transmit and any results that may result from such actions.In case of any violation of law, including but not limited to infringement of the intellectual property or other rights or interests of the company or a third party, the user shall bear the relevant legal liabilities.If the user violates the provisions of law, the clause or relevant member specifications of the company, causing the company to suffer damages, expenses or claims by a third party, the user shall be liable for damages to the company. The user shall also make their own judgment on the content in “MIYA""and bear all the risks arising from the use of the content, including the risks arising from the user's reliance on the correctness, completeness, or usefulness of the content. The company cannot and will not be liable for any actions or losses of the user.

2. Any content you transmit on the service or through “MIYA""does not represent views or policies of the company, and the company will not be responsible for that.

3.The company reserves the right to unilaterally alter, suspend, restrict, terminate or withdraw the service in whole or in part at any time and without notice due to the needs of business development, and the user shall bear this risk.

4.The service provided by “MIYA”may include advertisements, and you agree to display advertisements of “MIYA”and third-party suppliers and partners in the process of using. You shall judge the authenticity and reliability of the advertisements or promotion information on your own and be responsible for your own judgment. Unless otherwise specified by laws and regulations, “MIYA” shall not be liable for any purchase, transaction or damage or loss incurred by you in connection with the advertisement or promotion information.

5. In addition to abiding by these terms and relevant regulations of the company, you agree to abide by all applicable laws ,regulations,social customs,international usage practices and etiquette when using “MIYA”(e.g, posting articles,live showing,voice messages,photos,videos,etc.).In addition to complying with theses terms and the relevant membership rules, you agree to abide by the relevant rules of international internet usage practices and etiquette.

  (1) Endangering state security, leaking state secrets or damaging national reputation and interests.

  (2) Inciting racial hatred,racial discrimination and undermining national unity.

  (3) Spreading rumors,disturbing social order and destabilizing society.

  (4) Obscenity,gambling,violence,homicide,terrorism or abetting crime(including high risk,hazardous content that endangers the physical and mental health of the performer or others).

  (5) Insulting or slandering others.

  (6) Infringing of intellectual property rights or other rights (including but not limited to, the right of surname, portrait, reputation, privacy and agency).

  (7) Post, distribute, transmit, broadcast, publicly play or in any other way display private, licensed, proprietary, offensive, threatening, violent, inciting violence, nudity, discriminatory, unlawful, hateful, harassing, obscene, pornographic or sexually explicit material, text, files, information, user names, images, drawings, pictures, illustrations, photographs, sketches, sound and video clips, sounds, musical compositions, writings, links or any other content.

  (8) Disseminating commercial advertisements,or similar commercial solicitations,over-marketing information and spam information.

  (9) Use the platform for money laundering,,terrorist financing or the provision of financial and other restricted services to any potentially sanctioned person or entity.

  (10) Any other breach of the law,this term or the relevant membership specifications, or any contrary to public order or good custom.

6. According to its reasonable discretion, the company shall have the right to stop the transmission of any of such contents that violates the law , the term or any of the relevant Membership Specifications, or any infringement, prejudice or threat to any person's rights or safety, or impersonation of others, and shall have the right to take appropriate legal actions against any person who violates the term at its own discretion, including but not limited to deleting illegal, infringing and inappropriate contents from the service, terminating the membership of the violator, preventing the violator from using all or part of “MIYA”service, and keeping relevant information and reporting to relevant authorities in accordance with the law.

7. You should be aware that, except as otherwise provided in this Agreement, all paid services and virtual items (such as gold coins) provided by “MIYA” are irrevocable once purchased and we do not provide refunds for services you have purchased. The company will refund you only in the following cases:

  7.1 Gold coins are stored through the official stored value channel,the payment is successful and MIYA has received the corresponding amount, but the stored value account has not received the corresponding amount of gold coins. Please contact MIYA official customer service and provide relevant proof to apply for a refund.

  7.2 Users who made the stored value did not make the payment voluntarily, such as credit card fraud,device theft,or top-up caused by the verifiable hacking activities,etc.,please contact MIYA official customer service and submit relevant proof and verification, and the gold coins have not been consumed at the same time, you can apply for a refund.

  7.3 In the case that a refund is possible under the relevant laws, please contact MIYA's official LINE or Wechat customer service to explain the relevant legal regulations and submit relevant proofs, the company will provide you with a refund if we consider that the refund application meets the legal regulations.

  7.4 Customer service contact:LINE or Wechat customer service:miyagf02,email:my@miyachat.com

8. All copyright, patent, trademark, trade secret and other intellectual property, proprietary or other rights in and to all works, service software, screen arrangements or images, text or their components, as well as other “MIYA”logos and product and service names on “MIYA” belong to the company or its right holders.Except with the prior legal authorization of the company or its individual right holders, no one shall reproduce,alter,edit,distribute,transmit or use in any form for the purpose of renting,selling,lending or other purposes.Violators shall be liable for all liabilities and the company may claim compensation in accordance with the law.

9. The contents and software programs on “MIYA”are the intellectual property of the company. Without authorization of the company, no one shall reproduce, reverse engineering, de-compile or disassemble any function or procedure. Violators shall bear all legal liabilities, and the company may claim compensation from violators in accordance with the law.

(3) Account Maintenance Obligation

1. You must choose your own account name and password to create your account. If your account name infringes any copyright or trademark, we reserve the right to delete your account.

2. The same account can only be used by one person at a time. The ownership and relevant rights and interests of the registered account of “MIYA”belong to “MIYA”. After completing the registration procedure, you only have the using right to the account. You must be fully responsible for the custody of your account number and password; and you agree that you will not transfer, rent, or lend the account number or password to others.

3. If you find that your account is being used illegally or that there is any unusual breach of security,please inform us immediately;however,the company will not be responsible for any unauthorized use of your account password due to your negligence.

4. You understand and agree that “MIYA” has the right to terminate or delete your account at any time if you have not logged into the account for more than 1 year after your registration. In this case,the points number in this account will be invalid(if there are other provisions in the law, such provisions shall prevail).

Ⅳ. Scope of the Service

  (1) You can purchase points or services provided by “MIYA” through the various payment methods offered by the platform.

  (2) You may use the paid systems or other services provided by the company, but you must provide your own computer equipment for internet access and pay for telecommunications-related charges, including but not limited to the “internet connection fees” and “telephone fees”.

  (3) You expressly understand and agree that you have given sufficient thought to your purchase before saving or paying for it. Unless otherwise provided by the law, “MIYA” has no obligation to provide you with any refund for any reason.

Ⅴ. Service Termination and Alteration

The Company has the right to immediately terminate or change the service of any member account if the member has any of the following circumstances. The company shall not be liable to any member or third party for any disturbance, inconvenience or damage that may arise from the termination or change of the member's use of the service.

  1. Member registration with inaccurate information.

  2. Anyone using the Service under the name of the Company, “MIYA”, or any other company, platform or channel similar to the foregoing.

  3. To use characters or indecent words or images other than Chinese,English and numerals as the name of the service.

  4. To apply for an account of the service in the name of others.

  5. To store value in the way of hypocrisy.

  6. To violate the term or relevant membership specifications of the company.

  7. To sell,transfer,rent or lend the member account to others.

  8. Acts that violate public safety,public order or good customs.

  9. Violations of existing law.

  10. Use any system or tool to interfere with, maliciously attack or disrupt the services, servers or networks provided by the company.

  11. To participate in platform activities with plug-ins, virus programs, BUG, or other methods that violate fairness and rationality.

Ⅵ. Service Termination or Interruption

The company has the right to stop or interrupt the provision of services in the event of one of the following circumstances. The company shall not be liable to any member or third party for any trouble, inconvenience or damage arising therefrom.

1. For the necessary maintenance and construction of the software, hardware and electronic communication equipment related to this service.

2. In the event of a sudden failure of software, hardware and electronic communication equipment.

3. To protect the personal safety of other members or third parties in an emergency.

4. In case of any software error, virus, Trojan horse or similar program which may be transmitted through the service by a third party, and the company shall be unable to provide all or part of the service.

5. The company is unable to provide service due to the force majeure factors such as natural disasters.

Ⅶ. Service Changes Right

The company reserves the right to stop or change the contents of the services or terminate the member account service in accordance with the contract at any time without separate notice. The company shall not be liable to the member or any third party for any disturbance, inconvenience or damage that may arise from the suspension or modification of services or termination of member account services.

Ⅷ. Limitation of Liability

  (1) You understand that the company does not provide any express or implied warranties for the services provided by the company, including but not limited to the commercial applicability, fitness for a particular purpose and non-infringement of others' rights, except as otherwise provided by in the term or in any other relevant membership specification.

  (2) The company does not guarantee the stability,correctness and uninterrupted operation of the service. You acknowledge and agree to bear the risks and any damages that may arise from the use of the services:in case of delay or backtracking during the game because of poor quality of ISP network line, the failure or malfunction of network system hardware and software equipment of other third party or relevant telecommunication operators, interruption, temporary inability to use, delay, error in data transmission or storage caused by human negligence in operation, or tampering or falsifying data by a third party, the company shall no be responsible for your loss.

  (3) The company will provide various services according to the existing plan. For the special needs of users, the company does not guarantee that the service will fully meet your needs.

Ⅸ. Privacy Protection

The company shall not sell, exchange, rent, or disclose your name, address, e-mail address, or other personal information protected by law without your authorization, except as required by law or as requested by the relevant authorities.You also agree to allow our affiliates or partners to use your personal information to provide you with other services to the extent permitted by law.You agree that the company may compile membership statistics on your personal information, and if such statistics do not involve the disclosure of any member's personal identity, you agree and allow the company to make any lawful public use of such information. You agree that the company shall have the right to disclose your personal data in accordance with the law in the following circumstances.

1. Subject to the requirements of judicial, police or other competent authorities based on legal procedures.

2. When your behavior violates laws and regulations, the term, or relevant membership specifications of the company.

3. In case of emergency to protect the personal safety of other members or third party of the company in accordance with the law.

4. Use of Cookie:

  (1) In the event that you do not reject cookies, the application will set or retrieve cookies on your device so that you can log in or use the application's platform services or features that rely on cookies. This application uses cookies to provide you with more thoughtful and personalized services, including promotional services.

  (2) You have the right to choose to accept or reject cookies, and you can reject cookies by modifying your settings, but if you choose to reject cookies, you may not be able to use web services or features of the application that rely on cookies.

  (3) This policy will apply to information obtained through the cookies set up by this application.

5. Information security:

  (1) Users are advised not to disclose their property accounts, bank cards, credit cards, third party payment accounts, passwords and other important information when using the “MIYA” service,otherwise any losses arising therefrom will be borne by you.

  (2) When using the “MIYA” service, users may not publish or upload information that they consider to be private to “MIYA”, nor may they transmit such information to others through the “MIYA” service. Users are responsible for any disclosure of privacy information caused by their own actions.

  (3) “MIYA” may collect information from users when providing services, and “MIYA”will inform users of the source and intention.

  (4) Users acknowledge and understand that “MIYA” shall not be liable for the occurrence of any of the following matters:

  (5) “MIYA” will provide you with personal information as required by the law or as requested by the relevant government or judicial authorities.

  (6) If any personal information is disclosed as a result of users sharing their account information, password, or other important information with others, or if any other personal information is disclosed for reasons other than “MIYA”.

  (7) Any information leakage caused by hacker attacks,computer virus intrusion.

  (8) Information leakage due to force majeure.

Ⅹ. Personal Data Protection

In accordance with Article 8 of the Personal Information Protection Act, the company informs the following matters about the personal information protection.

1. The company may collect, process and use your personal information in accordance with the its Privacy Policy, the Personal Information Protection Act and related laws and regulations for the purposes of member registration, website or app browsing, online transactions, online activities, provision of services, marketing promotion.

2. You may provide the following personal information to your needs: name, date of birth, uniform ID number, contact information (including but not limited to telephone number, E-MAIL or residential address) or other information that can directly or indirectly identify you.

3. You agree the company to use the personal data provided by you for auxiliary program search, confirmation of changes in personal data, text publicity, community contact, award notice, regulation modification notice and other services, so as to confirm your identity, communicate with you, provide services and information related to your company and related enterprises or partners, and other using methods in accordance with the privacy protection policy.

4. You agree that the using period of your personal data by the company shall be from now on until all contracts between you and the company are terminated.

5. In accordance with the Personal Information Protection Act, you may request (1)access to or review of your personal information,and (2)request for supplement or correction. However, the company may refuse to do so if it necessary for the company to perform its duties or business.

6. You are free to choose whether or not to provide your personal information to the company. However, if the personal information provided by you is reported or found by the company to be insufficient to confirm the authenticity of your identity, or if there is any other personal information fraud, theft, or inaccurate information, the company has the right to temporarily suspend the services to you, including any activities to win prizes, various types of publicity, etc. Please excuse us for any inconvenience.

7. In addition to the above personal information protection matters, various items including personal information protection are also covered in the term.

Ⅺ. Anti-money Laundering

1.The company conducts actions related to anti-money laundering, terrorist financing, provision of financial and other services to any person or entity that may be subject to sanctions (“Anti-Money Laundering Actions”) in accordance with the laws and regulations of the Hong Kong Special Administrative Region and various jurisdictions or as required by the authorities.

2.You shall undertake not to use any of the services provided by us for money laundering, terrorist activity fund raising or providing financial and other restricted services to any person or entity that may be subject to sanctions.

3.We will conduct effective customer identification, conduct appropriate anti-money laundering risk assessments, and conduct special tracking of users that we believe to be characteristic of money laundering activities, in accordance with the laws of the relevant jurisdictions or the competent authorities.When conducting anti-money laundering actions, we may collect, store, use, transmit, and share your personal information for anti-money laundering actions as authorized by law or regulation, particularly with anti-money laundering enforcement or judicial authorities in the relevant jurisdiction. The company has the sole discretion to take any appropriate action in accordance with the law and regulations.

4.We shall not be liable to any party for any loss or damage (whether direct or indirect, including but not limited to loss of profits or interest) suffered by any party as a result of any delay in performance or non-performance of such obligations arising from taking appropriate anti-money laundering actions in the performance of our obligations under this Agreement or any other agreement you signed with us.

Ⅻ. Limitation of Compensation

The relevant compensation limit arising from your use of the service shall be subjected to the laws and regulations of the country in which the server is located. The company shall not be liable for any damage which is not attributable to the company, such as your modification of the service or your failure to use it in accordance with the clause in connection with other software.

In no event shall the company be liable for any indirect, consequential, punitive, incidental, special, or punitive damages, including lost profits, suffered by the user as a result of the use of the service (even if the company has been advised of the possibility of such loss).

The full responsibility of the company to you, regardless of the reason or mode, is limited to the fees you pay to the company for the use of the service within the duration of your membership (if any).

XIII. Individual Terms

The partial invalidity of this term shall not affect the validity of the other terms. The headings of the term is for convenience only and shall have no legal or contractual effect.

XIX. General Terms

The interpretation and application of the terms of service, as well as the rights and obligations between the member and the company arising from the use of the service shall be interpreted and applied in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China (excluding the application of Foreign-related Civil Law or other similar regulations).Disputes arising from the terms of the service shall be submitted to HKIAC(Hong Kong International Arbitration Centre ) for arbitration in Hong Kong. The arbitration tribunal shall be composed of one person and the arbitration language shall be Chinese.