StreamKar Talent Agreement

StreamKar Talent Agreement is an agreement between Tipping Points Technology Limited/Melot Technologies Private Limited (hereafter referred to as StreamKar) as the “first party” and a talent (hereafter referred to as “you”) as the “second party” regarding each party’s rights and obligations as the talent undertakes performing on the StreamKar platform. By selecting “I Agree” or clicking the “I have read and understand this agreement” button, you express that you as a talent have a detailed understanding of this agreement and accept all of the terms and conditions herein accordingly. And both the parties to agreement will perform their part of work, duty and assignment under the law.

Clause 1: General Rules and Principles

1. StreamKar is strictly forbid under age streamers. All streamers must be 18 years or older to sign contract with StreamKar. If you are under 18 years old and became official streamer, your ID will be permanently banned without notice.

2. Any under 18 streamer is not official streamer and if caught will be ban from StreamKar.

3. All users must be at least 18 years old to perform on StreamKar; if you are a foreign national, you must have attained your jurisdiction’s legal age of adulthood to perform on our platform. After having read and thoroughly understood each item and clause of this agreement, as well as their inherent legal consequences, by clicking the “Ok” button you will thus enter in to this agreement.

4. Before signing this agreement, you have already become sufficiently informed of and understand that StreamKar frequently updates and revises various aspects of the platform operations system, talent requirements and regulations (hereafter referred to as “platform regulations”), as well as is subject to changing national internet service laws, regulations, standards and practices, etc. You agree that you clearly understand and agree to each of clause and definition set forth in this agreement without any exception. You confirm that you meet all necessary conditions required to become a talent on this platform and are able to carry out and fulfill all duties and obligations required of a talent.

5. According to this agreement and all platform regulations and practices, you will apply on the StreamKar platform to become a talent, offering interactive video services to the users of StreamKar. You can perform on StreamKar for the time during which that this agreement is valid. Unless affected otherwise by legal statute and regulation or corresponding departmental requirements, StreamKar will not in advance examine and verify any content you have uploaded or otherwise edited, produced or participated in, nor subsequently edit or otherwise alter your content without your expressed permission of 2nd party.

6. You promise and make clear that all content you offer to StreamKar as a talent on StreamKar will be subject to corresponding national/territorial law, as well as the law of your jurisdiction (if they be different.) In addition, in executing any aspect of this agreement, you must not engage in any activity that is illegal under corresponding national/territorial law, as well as the law of your jurisdiction (if they be different.)

7. By entering this agreement with StreamKar, you are not entering any form of employment, labor or service relationship

Clause 2: StreamKar’s Rights and Obligations

1. StreamKar has the right to make/set platform regulations, the right to administer and monitor your performance and the right (within the parameters of these regulations) to make adjustments and other changes to your performance. If you understand and agree to this condition it will be considered that you have opted for this change in this agreement.

2. StreamKar has the right, according to your application or published online regulations, to manage any workspace, management agency or other 3rd party affiliated (hereafter referred to as “talent management organization”) with you.

3. StreamKar and its talent management organization have the right, according to company regulations, to undertake evaluation and review of your performance in order to adjust your payment (evaluation and review criteria includes, but is not limited to, length of talent performance, number of views, quantity and type of virtual currency gifts received, level of user support, any possibly complaints lodged against the talent and contemplation of any possible illegal behavior that you may have engaged in).

4. StreamKar has the right to give you advice and guidance for the content of your live streams. Enacting any recommended advice is mandatory and any and all corresponding changes must be implemented within 3 business days of receiving of the said guidance. Otherwise, StreamKar has the right to make deduction of the costs from your talent earnings.

5. StreamKar has the right to, according to legal statute and regulation or corresponding requirements to undertake investigation as to the legality of your streamed content. In the case of the existence of content that can be deemed illegal, against regulation or harmful to StreamKar itself or any affected third party’s rights and interests, StreamKar has the right to cancel your streaming credentials, delete all content related to your account and your account itself and undertake cooperation with any corresponding governmental/legal body for conducting investigation against you.

6. The platform has the right to mark any content you are streaming with its website’s logo (or name card) and time watermark. In relation to this addition, you must make corresponding adjustments to your own stream to optimize its effect.

7. StreamKar has the right to use your name (which is understood to include, but is not limited to your legal name, pen name, net name, any former names or aliases associated with your identity), image (including, but not limited to, your physical image or any artistic depiction made of you) for any use or purpose in marketing and promoting the Streamkar platform.

8. StreamKar is responsible for providing you with a live streaming platform to use, as well as providing reasonable technical support. However, StreamKar has no obligation to offer you internet service needed to fulfill any obligations you may have to StreamKar or StreamKar, no obligation to provide you internet service that allows for you smooth online streaming, nor any other obligation regarding net speed, integrity, quality, etc.

9. StreamKar may via posts to StreamKar website, mobile application notifications, email, SMS message or common letter contact you or notify you of company related news or events. Any notification sent by StreamKar will be presumably considered as sent and read within the same day of being sent.

10. In consideration of the peculiarities of the field of e­services, you agree that StreamKar has the right to at any time change and/ temporarily or permanently suspend any aspect of its operations or completely suspend its operations (for example, if StreamKar needs to at a pre­set or unset period of time repair or maintain any of its online platform services) and that if such circumstances arise, StreamKar will not be conducted as to owe responsibilities to you. However, StreamKar will as soon as possible resolve all problems.

11. StreamKar cannot guarantee the completeness and accuracy of the data that you offer on its service. Simultaneously, StreamKar does not bear any responsibility for the content of any external data offered to sites that are outside of StreamKar’s direct control and domain.

Clause III: Your Rights and Obligations

1. You promise that in carrying out this agreement, you will not engage in any conduct that damages StreamKar, any third party affiliates of StreamKar or violates national/territorial laws, rules and regulations or any other legal parameters. You will accept this document’s legality and carry it out without violating any aspect of this legally enforceable document. Neither will StreamKar nor any interested third party takes any responsibility for any illegal conduct you engage in.

2. You take it upon yourself to provide all necessary equipment and facilities needed to perform a live stream (including, but not limited to, a computer, a microphone, video capture hardware and software) and all accompanying costs (including, but not limited to internet services fees, mobile internet fees and accompanying service charges) and guarantee that said video and audio will be clear and stable and are within four corner of law.

3. You guarantee that the audio/visual content and text content offered by you in service of the Streamkar platform will without condition completely avoid discussion or depiction of any political issues, terrorism, drug use/trafficking, any form of violence, pornography and sexual acts, as well as any other content that transgresses national/territorial laws. In addition, you will refrain from mentioning any confidential company information or engaging in any conduct that is otherwise harmful to StreamKar, StreamKar or any interested third party.

4. You will provide truthful, accurate and legally effective personal information and contact information in order to undergo personal authentication by StreamKar. If any of this mandatory information undergoes a change (e.g. a changed telephone number), you must promptly alter your account information to reflect all necessary changes taking place from time to time.

5. You must cooperate with the platform as it undertakes verification of its human resources. At the time of human resource verification, you must converse with a StreamKar employee assigned to this task in a showroom for an interview of at least one minute. Upon satisfaction of StreamKar verification criteria, your account will receive a verified status. This video interview will be recorded by StreamKar and kept for future reference also.

6. You promise to enter into this agreement with good faith and the intention of mutual benefit. You will neither engage in any conduct with the intention of harming the regular order of StreamKar or the StreamKar platform nor engage in live streaming performances for any other live streaming platform.

7. Your registered username and password are your only voucher you have of your commitment to StreamKar. It is your and only your responsibility to protect and necessarily configure your password and prevent its acquisition by others. Your password is yours and only yours and must not be disseminated to others, whether that be by gift, theft, rental, lending or sale. You, the signatory, undertake all legal responsibility for the content disseminated by this account.

8. You promise that while streaming or using any other available platform service, you will neither reveal the banking, credit/debit card information or any other financial information of both yourself and others, nor reveal any personal information of yourself or others that could lead to a loss, financial or otherwise. In case of such revelation, you will individually bear responsibility for all the losses brought about by your conduct.

9. You promise to proactively and positively contribute to the image of StreamKar. You must not produce any content under any circumstances that damages the StreamKar platform’s imagine or interests. Both within the duration of the contract and after its completion, you will not through any channel and in any way defame the company or the Streamkar platform in any way. 10. Within the duration of this agreement, you may not under any circumstances or in any form (including, but not limited to, text, audio, video, photography, etc) promote or have any relationship with any competing third­party platform. You will not lead any users, any talents or any other people in the employ of StreamKar to a competing third party platform or service, nor offer any information or any other service to a competing third party platform whatsoever.

11. StreamKar only offers a live­streaming platform. If on your own initiative you wish to engage with a workshop, talent agency or other interested third party, StreamKar will take no part in any dispute arising from these relationships nor bear any responsibility in any manner

12. You have the right to take part in StreamKar group communication, image and performance training, with the intention of helping you offer more satisfying, proactive and appealing streaming content.

Clause 4 Intellectual Property Rights

1. The StreamKar platform’s services include the StreamKar operated web page, online services, mobile application and all the text, images, video and audio contained therein. StreamKar enjoys legal ownership of all the above mentioned contents.

2. You must not engage in any content meant to impede or damage the operations of the StreamKar web page or mobile application.

3. The product of your time as a talent streaming in the service of StreamKar (“product” can be defined as, but not limited to, streaming video and audio, as well as any text, video and audio produced for StreamKar) is legally your intellectual property to enjoy and to take responsibility for it. However, by starting to stream, you confer upon StreamKar the right to use your content as uploaded/broadcasted on StreamKar (including, but not limited to, you status uploads or your live broadcasts) for any and all marketing/promotional content as desired by StreamKar.

Clause 5: Confidentiality System & Policy

1. You must strictly observe StreamKar’s confidentiality policy, by which you promise to maintain any confidential information you have obtained while in service of StreamKar for an indefinite time period. If due to your transgressive conduct, including intentionally or unintentionally revealing secrets, StreamKar suffers economic loss, loss of reputation/face or any other possible direct or indirect loss, you will be held responsible for compensating StreamKar for such loss. Confidential information refers to any business information that could bring profit or benefit to StreamKar or the StreamKar platform given to you directly by StreamKar, that you yourself come across while performing on the StreamKar platform or that you have been given by any third­party company involved in a business relationship with StreamKar, regardless of the practical use or intention to use of the information. This includes, but is not limited to, technical information, operations information, StreamKar’s company policy and other operational information and documents (including this document), your salary information and receiving method, salary standards, the scope of your rights in your relationship with StreamKar, the authorization of said rights, client/user names, the names of other talents on StreamKar’s roster, any means of contact with of anyone related to StreamKar (including, but not limited to, StreamKar employees and other StreamKar talents), company revenue or any other information regarding StreamKar and its employees.

2. You must strictly adhere to this agreement without any fail. You must not without having received the StreamKar’s permission or compliance engage in any of the following: (1) In any way share or reveal any company information to a third party or not specially accounted for audience. (2) Use company information for any use outside of those acknowledged parameters of this agreement.

3. After the expiration of this agreement, you must return whatever tangible confidential information you may be in possession of, or under the StreamKar’s supervision destroy all tangible documents and information.

4. All information contained in this clause remains valid after the expiration of this agreement in perpetuity.

Clause 6: Regarding Alteration, Dissolvent and Termination of this Agreement

1. StreamKar has the right to at any necessary time to alter, dissolve or otherwise terminate this agreement.

2. If during this relationship any of the following circumstances are encountered, StreamKar has the right to immediately terminate this agreement: (1) If StreamKar discovered that you have violated any aspect of this agreement in any way, shape or form. (2) If your personal behavior and image is subsequently found to in anyway directly or indirectly damaging the StreamKar (3) If you are found to be committing any unlawful act within your jurisdiction (4) If you transgress or breach any of the set terms of this agreement. (5) If you fail to satisfactorily fulfill the requirements of or carry out the terms of this agreement, you will be notified of this failure and given 10 days to make the necessary corrections. If within these 10 days, you still have not amended for your failure(s), this agreement will be terminated unilaterally.

Clause 7: Liability for Breach of Contract

1. If your behavior encroaches upon any third party’s rights and interests leading to the filing of legal complaint by the third party against StreamKar, claiming thereby damages or bringing about any other loss to StreamKar, consequently all direct or indirect expenses, losses and paid compensations must be yours to bear, including, but not limited to, compensation for all expenditures paid out at StreamKar’s expense.

2. If due to transgression of any aspect of this agreement StreamKar accrues any tangible or intangible losses, then StreamKar has the right to require of you the compensation for all such losses or to sue you in any court of law for enforcement of the StreamKar’s rights.

Clause 8: Prohibited Use (New Clause needs Review)

1. YOU REPRESENT, WARRANT, AND COVENANT TO STREAMKAR THAT YOU WILL NOT:

2. Upload to or create on the StreamKar service any produced content that violates any law, regulation, treaty or third party right (including, without limitation, trade secret, intellectual property, privacy, or publicity rights);

3. Publish falsehoods or misrepresentations that could damage StreamKar or any third party;

4. Post, upload to, or create any produced content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, harassing, hateful, racially or ethnically offensive, or encourages violent conduct or conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or, in StreamKar’s sole discretion, is otherwise inappropriate;

5. Unless you have successfully registered and timely paid all fees for a StreamKar premium account, post advertisements or solicitations of business;

6. Impersonate another person or entity, whether actual or fictitious, falsely claim an affiliation with any person or entity, or access the StreamKar service accounts of others without permission, misrepresent the source, identity, or content of information transmitted via the StreamKar service, or perform any other similar fraudulent activity;

7. Use the StreamKar service for any purpose other than to access the StreamKar service as offered by StreamKar;

8. Circumvent, disable or otherwise interfere with security-related features of the StreamKar service or features that prevent, limit or restrict use or copying of any materials or another user’s produced content;

9. Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials. For clarity, you may not assign, sell, or transfer any of your channels;

10. Delete indications or notices regarding the copyright or other proprietary rights on the StreamKar service or any third party content;

11. Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

12. Use the StreamKar service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

13. Defame, harass, abuse, threaten or defraud users, or collect, or attempt to collect, personal information about users or third parties without their consent, or, except as expressly authorized herein, use materials, third party produced content, or other content on the StreamKar service for any commercial use, it being understood that, other than as expressly stated herein, the materials, third party produced content and other content available on the StreamKar service is for personal, non-commercial use only;

14. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the StreamKar service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

15. Access or use any automated process (such as a robot, spider, scraper, or similar) to access the site in violation of our robot exclusion headers, or for the purpose of scraping all or a substantial portion of the content of the site (other than in connection with bona fide search engine indexing), or as may otherwise be expressly permitted by StreamKar;

16. Modify, adapt, translate or create derivative works based upon the StreamKar service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

17. Intentionally interfere with or damage the operation of the StreamKar service or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

18. Take any action that may undermine ’s rating and comment system (such as displaying, importing or exporting information off the StreamKar service, using information on the StreamKar service for purposes unrelated to the StreamKar service, or improperly manipulating or using the ratings and comment system);

19. Take any action that imposes or may impose (in StreamKar’s sole discretion) an unreasonable or disproportionately large load on StreamKar’s infrastructure;

20. Interfere or attempt to interfere with the proper workings of the StreamKar service or any activities conducted on the service;

21. Bypass robot exclusion headers or other measures StreamKar may use to prevent unauthorized access to the StreamKar service;

22. Unless you have successfully registered and timely paid all fees for a premium service account, upload or post any produced contents that contain advertising or other promotional material, including links to such material unless expressly authorized by StreamKar;

23. Use the StreamKar service to stream sports events for betting, gambling, wagering or other gaming purposes; or

24. Attempt to do any of the acts described in this Clause, or assist or permit any person in engaging in any of the acts described in this Clause.

Clause 8: Other

1. StreamKar may at any time update or alter any aspect of this agreement as needed. After any alteration or update, as soon as the newly amended agreement will be considered to have taken in effect as soon as it is published. StreamKar will at the soonest possible time forward you a copy of this amended new agreement, which can also be read at your convenience on StreamKar’s website. If you continue to use the StreamKar platform after such amendment, your use of the platform indicates that you have already read and you, understand and accept all aspects of the newly amended/updated agreement.