Weixin Channels Live Reward Feature

Introduction

Thank you for using Weixin Channels Live Reward Feature.

To use Weixin Channels Live Reward Feature (the "Feature"), you shall read and abide by the Weixin Channels Live Reward Feature Terms of Use (the "Terms"), a supplement to the Weixin Channels Live Feature Terms of Use. Be sure to carefully read and fully understand the Agreement on Software License and Service of Tencent Weixin, the Standards of Weixin Account Usage, the Weixin Channels Operation Standards, the Weixin Channels Live Feature Terms of Use, the Weixin Channels Live Conduct Standards, and the Terms before using the Feature, especially the clauses regarding the exemption from or limitation of Tencent's liability, which may be highlighted in bold for your attention. In the event of any conflict or inconsistency between the Terms and the Weixin Channels Live Feature Terms of Use, the Terms shall prevail.

You have no right to use the Feature unless you have read and accepted all the terms and conditions set forth in the Terms and associated agreements. By using the Feature, you shall be deemed to have read and agreed to be bound by the Terms and associated agreements.

If you are under the age of 18, please read the Terms and associated agreements in the company of your parents or statutory guardians and pay special attention to the provisions regarding the use by minors. You can use the Feature only after your parents or statutory guardians accept all the terms and conditions provided in the Terms and associated agreements. Please note that even with the consent of your parents or statutory guardians, you are not permitted to use the Feature.

1. Definitions

1.1 Weixin Channels Live Reward Feature: This refers to the feature provided by Tencent that allows Weixin users ("Viewers") to voluntarily reward the live stream hosts with gifts through the Weixin Channels live rooms. It is hereinafter referred to as the "Feature" or "Reward Feature".

1.2 Host: This refers to any user who is at least 18 years old, has completed real-name authentication, and continuously publishes real-time content to other Weixin users in such forms as videos, audio, images and text by using the Live Feature.

1.3 Viewer: This refers to any Weixin user who watches live streams on Weixin Channels and interacts with hosts through related features (including but not limited to commenting and rewarding hosts with gifts).

1.4 Platform: The platform herein refers to the Weixin platform. The Reward Feature shall not be used outside the Weixin platform.

1.5 Virtual reward value: This refers to the value of a virtual gift rewarded by a viewer to a host who has activated the Reward Feature. The value is calculated based on the calculation rule of the platform and is the basis for calculating a host's untaxed income.

1.6 Untaxed income: This refers to the amount to be withdrawn by a host that is calculated using the relevant calculation rule based on the virtual reward value obtained by the host.

1.7 Final reward income: This refers to the amount (in RMB) paid to a host who requests a withdrawal after the deduction of the taxes withheld by Tencent as required by laws and the technical service costs. Such deductions are calculated based on the income sharing rule (see Clause 6 Income Sharing).

1.8 Disputable income: This is a part of untaxed income that is not included in the calculation and cannot be withdrawn. Such income includes but is not limited to the income obtained by a host through illegal or non-compliant live streams, or through their or other Weixin users' cheats, or the income that must be returned by a host as required by judicial or administrative agencies.

2. Scope of Application

2.1 Unless otherwise provided, the Terms are intended for the hosts who have activated the Weixin Channels Live Feature and the Reward Feature. The Terms are an agreement between a host ("You") and Tencent regarding your use of the Feature.

2.2 Any users under the age of 18 are not allowed to activate and use the Feature.

3. About the Feature

3.1 What you must know before using the Feature

The Feature is a feature for which Tencent provides technical support as an Internet Service Provider (ISP) to allow viewers to reward Weixin Channels hosts with gifts. Viewers will reward hosts with gifts on a voluntary basis and it is up to viewers to decide what gifts are given to hosts. However, any gifts rewarded to hosts shall not be withdrawn unless required by laws or relevant rules. Tencent only acts as a neutral platform that enables information publishing and provides technical support for the smooth implementation of the Feature.

3.2 Activation and use of the Feature

3.2.1 To ensure a good user experience and business security, Tencent is entitled to determine which Weixin users are eligible for using the Feature and the conditions that should be met before the activation of the Feature. Any Weixin user whose Weixin or Weixin Channels account is in an unusual status or is blocked or restricted for conducting non-compliant activities is prohibited from using the Feature.

3.2.2 You can choose whether to use the Feature at your discretion. If you choose not to use it, tap/click "Disable" on the feature page.

4. A Host's Rights and Obligations

4.1 You acknowledge that you have the civil capacity and legal qualifications required to use the Feature, and that you have the right and ability to agree to the Terms and the Associated Agreements.

4.2 You shall keep the Weixin account and password linked with your Channels account secure and be responsible for all operations thereunder. Tencent shall have reason to believe that any operations under the Channels account (including but limited to using and disabling the Feature) are performed by yourself, and that you shall have all rights and obligations arising therefrom.

4.3 If your use of the Feature involves the Weixin Pay feature, your activation and use of the Weixin Pay account shall comply with the Weixin Pay User Service Agreement and associated agreements and rules.

4.4 You shall use the Feature properly in compliance with applicable laws and regulations, and shall not use the Feature for any purpose that violates applicable laws, regulations and policies, disturbs the public order, goes against social morals, interferes with Weixin Channels operation, or infringes upon the legal rights of any other users or third parties.

4.5 Any documents, images, and APIs related to the Feature shall not be provided or transferred to any third party, and the features, information, content or services provided by Tencent shall not be used for any business activities other than those permitted herein.

4.6 You acknowledge and agree that your use of the Live Feature and the Reward Feature shall not be deemed to constitute an employment relationship of any kind between you and Tencent.

4.7 You acknowledge and agree that Tencent provides no warranty or guarantee regarding the count of followers, viewers, and likes, and your final income during your use of the Feature.

4.8 You can access your income details by following the instructions provided on the feature page, including the time of each live stream, untaxed income and withdrawal records, etc.

4.9 It is up to viewers to decide whether to give gifts and what gifts to give hosts. You shall respect viewers’ right to choose, and shall not in any manner force, threaten, or induce any viewers to reward you with gifts; or scorn, mock, insult, slander, or discriminate against the viewers who do not reward you; or suggest, encourage, or induce minors to reward you.

4.10 Your use of the Feature shall conform to the purpose of Tencent for developing the Feature, and shall not violate any applicable laws and regulations. You will be prohibited from using the Feature in Live Feature if you:

(1) Use the Feature for soliciting donations or engaging in similar fundraising activities in live streams, including but not limited to charitable fundraising, crowd funding, and begging, without obtaining the qualifications for conducting such activities;

(2) Use the Feature for gambling or lottery;

(3) Conduct non-compliant transactions by bypassing platform rules;

(4) Use the Feature for any purpose other than those of Tencent for developing the Feature, or for any other activities violating applicable laws and regulations.

4.11 You shall strictly keep confidential any personal information of Weixin users you obtain during your use of the Feature, such as Weixin aliases/profile photos, and the value of gifts, according to the national laws and regulations regarding the protection of personal information, and undertake that you will not disclose such information to any third party in any manner.

5. Tencent's Rights and Obligations

5.1 Management of users and the Feature

You understand and agree that in the event of any of the following circumstances, Tencent has the right to immediately suspend, stop, terminate, or permanently reject your use of the Feature, and take action against your live streams according to the relevant agreements or rules, including but not limited to discontinuing the live streams and suspending the handling of your withdrawal request. Tencent also has the right to withhold your untaxed income that has not been withdrawn as penalties or damages. If your untaxed income is not sufficient to cover the penalties or damages, Tencent has the right to request you to pay the remaining amount. Tencent has the right to keep the information of your live streams and provide it to the law enforcement or judicial agencies, and hold you legally responsible for such violation in accordance with laws.

(1) Your livestreaming behavior or the live stream content you posted violate the Weixin Channels Operation Standards, the Weixin Channels Live Feature Terms of Use, the Weixin Channels Live Conduct Standards, and the Terms;

(2) Your live stream content is under investigation for committing illegal or non-compliant activities by administrative or judicial agencies or regulatory authorities, or under an unresolved complaint lodged by a third party;

(3) Your Weixin/Weixin Channels account is under investigation for committing illegal or non-compliant activities by administrative or judicial agencies or regulatory authorities, or under an unresolved complaint lodged by a third party; or has been warned, or restricted or prohibited from using part or all of the Weixin features, or even permanently blocked according to applicable laws and regulations or platform rules.

(4) You use the Feature for illegal purposes, including but not limited to illegally transferring property, committing fraud, or spreading false information;

(5) The platform system automatically detects unusual activities on your account;

(6) Without Tencent's written consent, you disclose to any other third party the confidential information that you know but Tencent has not made public.

5.2. Liability for Breach

5.2.1 If your use of the Feature is in violation of the Terms, whether such violation is found by Tencent or reported by other users, Tencent has the right to delete or block your live stream content without notice, and take action against you based on the severity of the violation, including but not limited to issuance of warning, restriction, suspension or prohibition of the use of the Feature, and freezing of the untaxed income you obtain through the Feature during your live streams.

5.2.2 You understand and agree that in the event of your violation of applicable laws and regulations or the Terms, Tencent has the right to, at its sole discretion, impose penalties on or take legal actions as appropriate against you and maintain the relevant records in accordance with laws and regulations for reporting to the competent authorities, and that you shall be solely liable for any consequences arising therefrom.

5.2.3 You understand and agree that in the event of any claim or demand lodged against you by a third party as a result of your violation of the Terms or the associated agreements or rules, you shall be solely liable for all the costs and losses, including those incurred by Tencent, arising from such claim or demand.

6. Income Sharing

6.1 Tencent may, based on the business needs, adjust the limits for the viewers for the frequency of rewarding hosts and the value of gifts, or the limits for the hosts for the frequency limit, the period and the way of accepting gifts from viewers and the value limit of received gifts. Tencent will give notice on the relevant service page before making any adjustments. If you do not agree to the adjustments, you shall discontinue using the Feature immediately. Otherwise, your continued use of the Feature will be deemed as your acceptance of the adjustments.

6.2 Tencent will, based on interactions between a host and viewers and the reward received by the host, distribute a virtual reward value to the host according to the platform rules as the basis for calculating the untaxed income of the host. Tencent may adjust the calculation rules, scenarios and types of virtual reward value.

6.3 Tencent has the right to specify the methods of income sharing and withdrawal. A host may request a withdrawal of their income, provided that such host does not conduct any non-compliant activities or no report against such host is received from any Weixin user. After Tencent withholds and pays relevant taxes as required by laws, Tenpay will provide the host with payment technical support.

6.4 Your withdrawal request will be suspended if you are restricted from using the Reward Feature or related services or your Weixin/Weixin Channels account is blocked or deleted due to your violation of the Terms and the associated agreements described in the Introduction.

6.5 You understand and agree that Tencent has the right to deduct from the untaxed income the technical service costs that are incurred during its provision of the Feature-related technical services to you. Such technical service costs may vary with business changes. Tencent has the right to take such actions as adjusting the proportion of such costs, or temporarily or permanently exempting hosts from such costs, and will optimize operation to reduce the proportion of such costs.

6.6 Tencent only acts as a neutral platform that enables information publishing. A host shall pay the relevant taxes in accordance with the laws before obtaining the final reward income. Tencent will withhold and pay the taxes for hosts as required by laws. Any taxes imposed on a host's additional income shall be paid by the host themselves.

6.7 The calculation rule of final reward income is: Final reward income = Untaxed income calculated based on the virtual reward value - Technical service costs - Taxes withheld and paid by Tencent as required by laws.

6.8 If it is verified by Tencent that your untaxed income contains disputable income, including but not limited to the income obtained through illegal or non-compliant live streams, or through your or other Weixin users' cheats, or the income that must be returned as required by the judicial and administrative agencies, Tencent has the right to withhold the disputable income before you request a withdrawal. If the amount of untaxed income is not sufficient to cover the amount of disputable income when you request a withdrawal, Tencent has the right to deduct the difference from your untaxed income earned subsequently.

6.9 The efficiency of handling withdrawal depends on many factors including the network condition and system environment. Tencent undertakes that upon receipt of a host's withdrawal request, it will, within a reasonable time limit, calculate the host's final reward income and transfer the amount to the host's Weixin Balance. In special cases where network congestion appears more frequently, such as holidays, Tencent reserves the right to temporarily adjust the time limit for handling withdrawals.

6.11 Unless otherwise specified, the income related to the Feature, such as final reward income, untaxed income, and disputable income, is calculated in RMB.

7. Protection of Personal Information

The Feature shall be subject to the requirements in the Weixin Privacy Protection Guidelines regarding the protection of personal information. You agree to abide by the Guidelines during your use of the Feature.

8. Term and Termination

8.1 The Terms shall remain effective until the Terms are terminated as a result of any of the following reasons.

8.2 Termination

8.2.1 Tencent has the right to terminate the Terms at any time if your ability to use the Feature or Tencent's ability to provide the Feature is curtailed or discontinued by any event of force majeure.

8.2.2 Tencent has the right to terminate the Terms at any time as required by laws and regulations, or rules and policies, or for such reasons as transaction security and platform business changes.

8.2.3 Tencent has the right to terminate the Terms if you're considered ineligible for further use of the Feature hereunder due to certain unusual activities detected on your account and such unusual activities fail to be rectified within a reasonable time limit.

8.2.4 Tencent has the right to terminate the provision of the Feature to you at any time when any other events agreed herein that cause the termination of the Terms occur.

8.2.5 Following Tencent's termination of the provision of the Feature to you due to your violation of the Terms, if you use the Feature directly or indirectly, or in the name of another user, Tencent has the right to unilaterally suspend or terminate the provision of the Feature to you.

8.2.6 During the term of the Terms, in the event of any fundamental changes in the basis for signing and performing the Terms as the result of any new requirements or policies of national laws, regulations, relevant authorities and telecom operators or changes in the policy environment, either of the parties hereto has the right to request negotiation with the other party about the amendments or revisions of the original Terms. If the parties fail to reach an agreement through negotiation, either of the parties may terminate the Terms by giving a fifteen (15) days' notice to the other party without assuming any legal responsibilities.

8.2.7 In the event of the termination of the Terms or the Feature for any reason, Tencent may keep or delete all the data under your Weixin and Weixin Channels accounts or all the data stored on Tencent's servers during your use of the Feature, including any data that you have not completed before the termination of the services.

8.2.8 In the event of the termination of the Terms or the Feature for any reason, you shall be solely responsible for the backup of your data and other matters.

9. Disclaimers

You understand and agree that:
9.1 You are responsible for all your behaviors during your use of the Feature. You shall exercise your judgment on the operations performed using the Feature (such as withdrawal) and bear all the risks involved in your use of the Feature, including the risks arising from your reliance on the correctness, completeness or usability of the content of the Feature. Tencent cannot and will not be liable for any loss or damage caused by the aforesaid risks.

9.2 If Tencent's ability to provide services related to the Feature is interrupted, curtailed, or even discontinued by an event of force majeure, the failure of Tencent to provide such services to you shall not constitute a breach or failure of performance hereunder and Tencent shall not be held responsible for any losses incurred by you arising from such failure. Force majeure means an unforeseeable and inevitable event or circumstance that is beyond the control of a party or both parties and materially affects a party's or both parties' ability to perform hereunder, including an Act of God such as floods, earthquakes, storms, and epidemic, and social events such as wars, turmoils, and government actions. During any period of force majeure affecting Tencent's ability to perform hereunder, Tencent will, in a timely manner, make all reasonable efforts to eliminate the cause of such inability to provide services.

9.3 If Tencent's ability to provide the services related to the Feature is interrupted, curtailed or even discontinued by any of the following causes, the failure of Tencent to provide such services to you shall not constitute a breach or failure of performance and Tencent shall not be held responsible for any losses incurred by you arising from such failure:

(1) Attacks on the Feature by any computer viruses, Trojan, malicious programs, or hackers;

(2) Failure of your software, system, hardware, or telecommunication lines;

(3) Your improper operation;

(4) Your use of the Feature in a manner not authorized by Tencent; and

(5) Any other circumstances beyond the control of or unforeseeable by Tencent.

10. Miscellaneous

10.1 The Terms contain Tencent's any policies, standards, agreements and rules regarding the Feature, including those that will be released by Tencent from time to time. The aforesaid agreements and rules shall be deemed an inseparable part of the Terms upon their official release and are equally binding on your use of the Feature.

10.2 Tencent has the right to unilaterally make amendments or revisions to the Terms and other provisions set out in the foregoing sections. Upon any such amendments or revisions, your continued use of the Feature shall be deemed as your acceptance of the amended or revised content. Your failure to accept such content will block you from further using the Feature, which will not affect your use of other services of Weixin and Weixin Channels.

10.3 The Terms are signed at Nanshan District, Shenzhen, Guangdong, People's Republic of China.

10.4 The establishment, effectuation, performance, and interpretation of the Terms and dispute resolution regarding the Terms shall be governed by and construed in accordance with the laws of the Mainland of the People's Republic of China, without regard to conflict of laws.

10.5 In the event of any dispute between you and Tencent arising from or relating to the Terms or the breach thereof, the parties hereto shall use best efforts to settle the dispute by consulting and negotiating with each other in good faith. If the parties fail to resolve the dispute, either of the parties has the right to submit such dispute to the court with the jurisdiction over the place where the Terms are signed.

10.6 Headings herein are for convenience of reference only and shall not affect the construction or interpretation of the Terms.

10.7 In case of any inconsistency and discrepancy between the Simplified Chinese version and English version of the Terms, the Simplified Chinese version shall prevail.

(End)

Tencent Inc.