Update Date: April 29, 2021
Effective Date: April 29, 2021
Thank you for using Weixin Channels Live feature.
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 the Associated Agreements.
If you are under the age of 18, please read the Terms and the 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 guardian accept all the terms and conditions provided in the Terms and the Associated Agreements. Please note that even with the consent of your parents or statutory guardians, you are not permitted to host live streams using the Feature.
1.1 Channels Live Feature: This refers to the feature provided by Tencent for Weixin users to stream content live to other Weixin users in Weixin Channels (hereinafter referred to as "Live Feature").
1.2 Channels Live Related Features: Refer to one or more features provided by Tencent for Channels users based on the live streaming feature (hereinafter referred to "Live Related Feature" or "Related Feature"). The "Channels Live Feature" and "Channels Live Related Features" shall be collectively referred to as the "Live and Related Features" or "Feature" herein.
1.3 Channels Live Content Publisher: 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 and Related Features (hereinafter referred to as "Host" or "Live Content Publisher").
1.4 Channels Live Viewer: This refers to a Weixin user who watches live streams and interacts with other users using the Weixin Channels (hereinafter referred to as the "Viewer").
2. Scope of Application
2.1 Unless otherwise provided, the Terms are intended for Channels users, hosts, and viewers (hereinafter collectively referred to as "You"). The Terms are an agreement between you and Tencent regarding your use of the Feature.
2.2 Any users under the age of 18 or residents outside China's Mainland (including the residents in Hong Kong, Macao, or Taiwan) are ineligible for registering as a Host in the Feature.
3. Feature Activation
3.1 Tencent is entitled to determine which Weixin Channels users are eligible for activating and using the Feature and the conditions that should be met before the activation of the Feature.
3.2 The activation of the Feature shall be premised on your compliance with applicable laws and regulations, your acquisition of required qualifications, or the approval of the competent government agencies. Upon your application for activating the Feature, Tencent is entitled to require your submission of required materials for review and verification. In the event that your submitted materials are rejected, Tencent has the right to, at its sole discretion, decide whether to request you submit materials again or to directly terminate its provision of services to you. If you meet the conditions for activating the Feature, you may activate the Feature by following the instructions provided by Tencent.
3.3 If a host conducts live streams on behalf of a legal entity or with the authorization of a legal entity, the legal entity shall supervise and regulate the behavior of the authorized host, and ensure that the host abides strictly by the Terms during live streaming. In the event of the host's violation of the Terms, the host shall be liable for such violation, and the legal entity and Channels account owner who authorize the host to conduct live streams shall be jointly and severally liable for the content streamed and activities conducted by the host using the Feature. Tencent will take actions against the authorized host, the legal entity they represents, and the Channels account based on the severity of violation.
3.4 You acknowledge that if the Weixin account under which you registered this channel has been linked to your Weixin Pay account, you can use the payment service provided by Tenpay to send or receive Red Packets in the Channels-related features. During your use of the service, you shall abide by the "Weixin Payment System User Service Agreement".
3.5 Tencent only provides technical services relevant to the Feature. Nothing in the Terms shall be deemed to constitute an employment relationship of any kind between you and Tencent.
4. Your 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 understand and agree that you, as the sole user of the Weixin Channels account used to access the Feature, are solely responsible for the operation, maintenance and other activities of such account, and that Tencent will not, and cannot, participate in the use and any other activities of this account.
4.3 You shall keep the username and password for your Weixin account linked to Channels 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 activating and using the Feature) are performed by yourself, and that you shall have all rights and obligations arising therefrom.
4.4 You shall cooperate with Tencent in completing real-name authentication by submitting true and valid personal information. You will not be able to use the Feature unless your information is successfully verified. Using false information or impersonating others in authentication or evading the authentication by other means are strictly forbidden.
4.5 You shall use the Feature (including but not limited to publishing content, commenting, or interacting with others) properly in compliance with applicable laws and regulations, and shall not use the Feature for any purpose that violates applicable laws and regulations, policies, the Terms and the Associated Agreements, and any arrangements binding on you, disturbs the public order, goes against social morals, interferes with Weixin operation, or infringes upon the legal rights of any other users or third parties.
4.6 You shall not use the Feature to produce, reproduce, send, publish, share, or display any non-compliant or illegal content, or release such content through comments or interactions. Unacceptable content for the purpose hereof includes but is not limited to the content that:
4.6.1 Involves acts prohibited by laws and regulations, endangers the state security, undermines the social stability, disturbs the public order, or infringes upon the legal rights and interests of others, etc.
4.6.2 Opposes the basic principles established by the Constitution of the People's Republic of China, discloses state secrets, incites subversion of the state power, sabotages the national unity, or harms the national honor or interests;
4.6.3 Incites hatred or discrimination against ethnic groups or undermines the ethnic unity;
4.6.4 Undermines the national religious policies, preaches cults or feudal superstitions, or involves religious activities in violation of laws and regulations;
4.6.5 Spreads rumors, disturbs the public order, or undermines the social stability;
4.6.6 Involves obscenities, lewd content, gambling, violence, or terror, or instigates crimes;
4.6.7 Infringes upon the legal rights and interests of others, including but not limited to the intellectual property right, right of reputation, portraiture right, right of goodwill, and trade secrets;
4.6.8 Involves vulgarity or excessive entertainment, promotes money worship, or advocates luxury;
4.6.9 Involves horrible, cruel, violent, or vulgar performances that subject the performers to physical or mental abuse;
4.6.10 Attracts viewers by showing human body deformities or human variations;
4.6.11 Infringes upon the rights and interests of others by taking photos or videos of others without their knowledge;
4.6.12 Involves cruel animal acts;
4.6.13 Demonstrates online game techniques using any online games that have not approved by or registered with the competent authorities; and
4.6.14 Violates applicable laws, regulations, and policies, goes against public order and social customs, or breaches the Agreement on Software License and Service of Tencent Weixin, the Standards of Weixin Account Usage, and the Weixin Channels Operation Standards.
4.7 Your use of the Feature shall conform to Tencent's purpose for providing the Feature. Unless permitted by laws or Tencent's written consent, during your use of the Feature, you shall not:
4.7.1 Maliciously modify your account name, alias, profile photo and other information, or evade supervision or authentication by using another user's Weixin/Channels account or by other means.
4.7.2 Submit false information or impersonate another user in authentication, or access the Feature with another user's Weixin account;
4.7.3 Advertise, promote or sell products, whether physical or virtual, or present marketing information using the Feature without Tencent's prior consent;
4.7.4 Without obtaining the legal permits, licenses or administrative approvals, or fulfilling the regulatory requirements, publish or share any marketing information or engage in any business activities, whether for profit or not, including but not limited to: (1) publishing promotional information about drugs, medical devices, health food, formula food for special medical purposes, and total-nutrient formula food; (2) carrying out medical activities; (3) publishing promotional information about pesticides and veterinary drugs; (4) publishing investment information about securities or futures; and (5) publishing marketing information about tobacco, adult products, or prohibited products;
4.7.5 Use the Feature to release news or current political information without the qualification for providing the Internet news information services;
4.7.6 Use the Feature for soliciting donations or engaging in similar fundraising activities, including but not limited to charitable fundraising, crowd funding, begging, or fundraising or donation solicitation for religious purposes;
4.7.7 Incentivize other users to click or tap links or share information;
4.7.8 Fabricate facts or conceal the truth to mislead and deceive others;
4.7.9 Use the Feature for any business purposes or to earn profits for third parties without Tencent's prior consent;
4.7.10 Claim a partnership with Tencent or Weixin or exclusive authorization of Tencent or Weixin without Tencent's prior consent;
4.7.11 Reverse engineer, disassemble, or decompile the Feature, or otherwise attempt to discover its source code;
4.7.12 Use the third-party software, plug-ins, add-ons, or systems that are not developed or authorized by Tencent for authentication or accessing the Feature, or develop, release, or share the aforesaid tools;
4.7.13 Interfere with, or authorize others or third-party software to interfere with, the Feature and its components, modules, and data;
4.7.14 Imitate the Feature's user interface or functionality by yourself or on a third-party's website, software, or platform in a way that easily confuses users;
4.7.15 Use the Feature to engage in any illegal or criminal activities; and
4.7.16 Engage in other activities that violate laws and regulations, infringe upon the legal rights and interests of other users, or interfere with the product's operation, or are not expressly authorized by Tencent.
4.8 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.
4.9 You understand and agree that during the use of the Feature, you shall reasonably protect your personal information and privacy from being used by others to avoid harassment in real or virtual environment and that you shall not use the Feature to disclose the private information of other users or infringe upon the privacy right of other users.
4.10 You understand and agree that the Feature will use your device's processor, bandwidth, and other resources in order to provide you with good services, and that you shall be responsible for any data usage charges incurred during your use of the Feature. Please contact your internet service provider to learn more about such charges.
5. Standards Specific to Hosts
A Host shall also abide by the following standards when using the Live and Related Features:
A Host understands and agrees that they shall be responsible for managing the behaviors of viewers who watch live streams and participate in interactions (including but not limited to commenting and chatting) using the Live and Related Features. In the event of any viewer's violation of applicable laws and regulations, the Terms, or the Associated Agreements, the host shall, in a timely manner, stop the behavior of this viewer and block the content published by the viewer from being spread and shared.
5.2 If a Host is requested by the legal entity they represent to stream any content or conduct any live streams that violate the Terms, the Host shall refuse to such request and remind the legal entity to comply with the requirements of the Terms.
5.3 A Host shall ensure their own and any third party's personal and property safety during live streaming, and shall be solely responsible for any injuries or property losses incurred by themselves or any third party as a result of using the Feature.
5.4 A Host acknowledges that Tencent has the right to establish a Host credit rating and blacklist mechanism and will provide services to a Host based on the evaluation results of such mechanism.
5.5 A Host shall abide by the local laws and regulations and respect local ethics and customs during the use of the Feature. A Host shall be solely responsible for any violation of the local laws and regulations or ethics and customs. A Host shall not involve Tencent in any political and public events as a result of the use of the Feature. Otherwise, Tencent has the right to suspend or terminate the host’s use of the Feature.
5.6 A Host and the co-streaming viewers shall understand and agree to the Weixin Channels Host Conduct Standards.
6. Tencent's Rights and Obligations
6.1 You understand and agree that the intellectual property rights to the content provided by Tencent in the Feature (including but not limited to webpages, text, images, audio, videos, graphs, etc.) are owned by Tencent. You hereby permit Tencent to store, use, copy, and display all or part of any content you upload, publish, or display via the Feature (including but not limited to: text, audio, videos, images, files, webpages, trademarks, logos, or any other intellectual property rights contained therein) in order for Tencent to provide you with technical services related to the Feature and present such content to end users.
6.2 Tencent will do its utmost to ensure the normal operation of the Feature with the latest technologies available to protect your interests. Tencent provides the Feature "AS IS" and does not make any warranty, expressed or implied, regarding the fitness for a particular purpose, service continuity, or other aspects of the Feature.
6.3 Tencent has the right to adjust, modify, improve, optimize, upgrade or terminate the Feature based on business needs or as required by the national laws and regulations or regulators, and shall not be held responsible for any contractual liability or liability in tort in connection with such changes.
6.4 For the purpose of achieving its business goals and ensuring business security, Tencent has the right to, at its sole discretion, specify the requirements for activating the Feature and which users are eligible for using the Feature, supervise your use of the Feature by technical means to ensure your compliance with laws and regulations, the Terms, and the Associated Agreements, and take actions against you in the event of your violation, such as suspending your use of the Feature, or blocking or restricting the Channels account you use from using certain capabilities of the Feature. Such supervision by Tencent shall not be deemed Tencent's acknowledgment or guaranty of the legality of your use of the Feature, and you shall be solely liable for any consequences arising from such use.
6.5 You understand and agree that Tencent will retain your live stream content and related logs for 3 years.
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 you use of the Feature.
8. Liability for Breach
8.1 In the event of your violation of applicable laws and regulations, the Terms, the Associated Agreements, or any arrangements binding on you during your use of the Feature (including publishing live content, commenting, interacting with others), whether found by Tencent or reported by other users, Tencent has the right to, without a prior notice, cease the live steams and delete the non-compliant content, and take action against your account based on the severity of such violation, including but not limited to giving a warning, completely or partly discontinuing the recommendation of your content, or suspending or permanently banning your use of live streaming/commenting features or some or all Weixin/Channels features.
8.2 You understand and agree that Tencent has the right to, at its sole discretion, take action against any Weixin users violating applicable laws and regulations or the Terms, 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.
8.3 You understand and agree that you shall defend, indemnify and hold harmless the viewers of your live streams, Tencent, and its employees, affiliates, agents and contractors from and against all claims, liabilities, suits, and disputes arising from your violation of the Terms during your use of the Feature, or your illegal, beyond-authorization, or unreasonable use of the Feature, and you shall be responsible for all the losses, costs, or expenses arising from such claims, suits or disputes, including attorney's fees, damages and penalties.
9. Technical Service Fees
Tencent reserves the right to charge you service fees incurred during its provision of the Feature-related technical services to you. The payment method and rate will be notified to you ten (10) business days in advance by giving you a notice or by other means, without your consent. You are entitled to stop using the Feature if you refuse to pay such service fees to Tencent, and doing so will not affect your use of other features of Weixin Channels.
You understand and agree that:
10.1 You are responsible for all your behaviors during your use of the Feature, including the publishing of any content and any consequences arising therefrom. You shall exercise your judgment on the content published in the Feature and bear all the risks involved in your use of such content, including the risks arising from your reliance on the correctness, completeness or usability of such content. Tencent cannot and will not be liable for any loss or damage caused by the aforesaid risks.
10.2 If Tencent's ability to provide services related to Feature is interrupted or limited 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 affect 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.
10.3 If Tencent's ability to provide the services related to the Feature is interrupted or limited 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 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.
11.1 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.
11.2 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 Weixin services.
11.3 The Terms are signed at Nanshan District, Shenzhen, Guangdong, People's Republic of China.
11.4 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.
11.5 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.
11.6 Headings herein are for convenience of reference only and shall not affect the construction or interpretation of the Terms.
11.7 In case of any inconsistency and discrepancy between the Simplified Chinese version and English version of the Terms, the Simplified Chinese version shall prevail.