YIQQI Terms of Service for non-residents of the European Economic Area, Uk and Switzerland
The YIQQI team welcomes you to our community media, but first we ask you to read these important terms of service.

The Terms of Service comprise the agreement between you and YIQQI with respect to the community media that you will be a part of, except where we expressly state that other provisions apply instead. We ask you to read them and also to read our Privacy Policy.

Please note that you enter into a contract with us when you confirm your acceptance of these Terms or when you otherwise use YIQQI.
1. Your relationship with YIQQI
You are reading the Terms of Service ("Terms"), which govern the relationship and constitute an agreement between you and YIQQI, the terms and conditions by which you may access and make use of YIQQI and all its related services.
2. Acceptance of YIQQI Terms of Use
When you access or use YIQQI, you confirm that you may enter into a contract with YIQQI, that you accept these Terms and that you will comply with them. You also agree to be bound by our Privacy Policy, which can be found on the App. By using YIQQI you also agree to this Privacy Policy. There is a specific Check in the app for you to confirm that you accept the terms and conditions.

When you access YIQQI from a Jurisdiction where there are supplemental terms to these Terms, you also agree to those terms. If there is a conflict between these Terms and the supplemental terms, the supplemental terms will prevail. If you do not agree to these Terms, you must not access YIQQI.

If you use YIQQI on behalf of a business or organisation, you represent and warrant that you are an authorised representative and have the power to bind the business/organisation to these Terms. The Terms shall apply both to the business/organisation and to you personally. The business/organisation will be legally and financially responsible for your use of YIQQI as well as for the use of YIQQI by its affiliates, any employees, agents or contractors.

We recommend that you print or keep a copy of the Terms for your records.
3. Changes to the Terms
We may make changes to these Terms or to YIQQI from time to time.

We will provide you with reasonable notice, in a transparent manner, of significant changes that will affect you and the date on which they will take effect. We will also update the "Last Updated" date at the top of these Terms to reflect the effective date of these Terms.

We will use commercially reasonable efforts to provide general notice to all users of any material modifications to these Terms, such as through a notice on YIQQI, however, you should check back regularly to see if modifications to the Terms have been made. If you do not agree to any changes to the Terms, you will have to stop using YIQQI.

Accessing YIQQI after the date of the new Terms constitutes your acceptance of the new Terms.
4. Your YIQQI Account
In order for you to be able to use YIQQI fully, you need to create an account.

When you create an account to access and use YIQQI, you must provide us with accurate and up-to-date information about yourself (location, date of birth, etc.) and you must maintain and immediately update your information if it changes.

We ask you to exercise caution and take steps to keep your account password confidential and not to disclose it to any third party. If you know or suspect that a third party knows your password or has accessed your account, please report it immediately by sending an email to support@yiqqi.com.

You agree that you are solely responsible (to us and to others) for the activity that occurs on your account.

We reserve the right to close your user account at any time, including if you have breached any of the provisions contained in these Terms, or if activities occur under your account that, in our absolute discretion, could cause damage to, or impair the use of, YIQQI or infringe or violate any rights of any third party, or violate any applicable laws or regulations.

If you do not wish to use YIQQI again, and would like us to delete your account, we will provide you with additional assistance and guidance through the process. Once you decide to delete your account, it will not be possible for you to reactivate it or retrieve any content or information you have added.

5. Access to and use of YIQQI
Your access to and use of YIQQI is subject to these Terms and all applicable laws. You may not: YIQQI reserves the right, at any time and without prior notice, to deny or disable access to content at our discretion with or without justification. Our automated systems analyse your content to provide you with personally relevant product features, such as personalised search results, tailored advertising, and spam and malware detection. This analysis occurs when content is sent, received and when it is stored.
6. Intellectual Property
YIQQI fully respects intellectual property rights and we ask you to respect them as well. Therefore, when you access YIQQI you agree not to use it to infringe any intellectual property rights. We reserve the right, with or without notice, at any time and at our absolute discretion, to block access to and/or terminate the accounts of any user who infringes or is alleged to have infringed any copyright or other intellectual property rights.
7. Content
A. Rights to the content of YIQQI
All content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and the "look and feel" of YIQQI, and all intellectual property rights related thereto, are owned or licensed by YIQQI, with the understanding that you own the content you upload to YIQQI. Such content may not be downloaded, copied, reproduced, distributed, transmitted, displayed, sold, licensed, or otherwise exploited for any purpose without our prior written consent, and we reserve all rights not expressly granted in and to such content.

You further acknowledge that, except as specifically permitted by us in these Terms or any other agreement you enter into with us:
  1. you will not be entitled to receive any consideration for what you upload to YIQQI or for your use of any musical works, sound recordings or audiovisual videos made available to you on YIQQI.
  2. You have no rights to monetise or obtain any consideration for any content on YIQQI.
  3. We are developing a market place for users to sell their clips, music, etc. This development will have its own rules of use.
Pursuant to these terms, we grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use YIQQI including for downloading to a permitted device, and for the purposes of accessing YIQQI Content solely for your personal, non-commercial use. YIQQI reserves all rights not expressly granted herein and you acknowledge and agree that YIQQI may terminate this license at any time with or without cause.

YIQQI DOES NOT GRANT ANY LICENSED RIGHTS WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS CONTAINED THEREIN THAT ARE MADE AVAILABLE FROM YIQQI.

In other words, YIQQI is not the creator of most of the content on YIQQI (although YIQQI may produce some content). Therefore, under any mandatory regulations or legislation (including industry regulations or laws) applicable to YIQQI, YIQQI cannot and does not promise that any of the user-generated content you find on YIQQI: is accurate, complete or up-to-date; does not infringe the rights of third parties; is legal; or will not offend you.

You need to understand that the content you may see on YIQQI does not represent our opinions or values and may not be suitable for your purpose.

YIQQI may contain links to third-party websites, advertisements, services, offers or other events or activities that YIQQI does not provide, own or control. We do not endorse any such third party websites, advertisements, services, offers, events, activities, information, materials or products.

B. YIQQI USER-GENERATED CONTENT
Users of YIQQI are permitted to upload, post or transmit (by transmission), including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos incorporating locally stored sound recordings from their personal music library and ambient noise. Users of YIQQI may also extract all or a portion of content created by another user to produce additional content, including collaborative content with other users, that combine and interleave content generated by more than one user. Users of the Services can also overlay music, graphics, stickers, etc.

Any content will be considered non-confidential and non-proprietary. You must not post any content on YIQQI or transmit any content that you consider confidential or proprietary. When you provide content to YIQQI, you agree and represent that you own the content, or have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to YIQQI.

If you own only the rights in, and to, a sound recording, but not the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to YIQQI unless you have full permissions, clearances from, or have been authorised by, the owner of any part of the content to post it to YIQQI.

You or the owner of your content will continue to own the copyright in the content you submit to us, but by submitting content through YIQQI, you hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual, worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit and/or distribute and authorise other users of YIQQI and other third parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your content in any format and on any platform, now known or hereafter invented.

In addition, you grant us a royalty-free licence to use your username, image, voice and likeness to identify you as the source of any content you own.

For the avoidance of doubt, the rights granted in the preceding paragraphs of this Agreement include, without limitation, the right to reproduce sound recordings (and to make mechanical reproductions of the musical works embodied in such sound recordings) and to publicly reproduce and communicate to the public the sound recordings (and the musical works embodied therein), royalty-free. This means that you grant us the right to use your content without the obligation to pay royalties to any third party, including, without limitation, a sound recording copyright owner (e.g., a record company), a musical works copyright owner (e.g., a publisher of musical works), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a "PRO"), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of the content.

If you are a composer or author of a musical work and you are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant to us through these Terms in your User content. You are solely responsible for ensuring your compliance with the relevant PRO's reporting obligations. If you have assigned your rights to a publisher of musical works, then you must obtain the consent of such publisher of musical works to grant the royalty-free licence provided for in these Terms in your Content. Just because you are the author of a musical work (for example, by writing a song) does not mean that you have the right to grant us the licences in these Terms. If you are a label artist under a contract with a record company, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record company, including if you create any new recordings through the Services that may be claimed by your record company.

Any rights you grant in your content in these Terms are granted to be transferable to the public, which means that the owners or operators of external services shall have no independent liability to you or any other third party for content posted or used on such external service through YIQQI.

By posting content on or through YIQQI, you waive any rights to prior inspection or approval of any marketing or promotional materials in connection with such content. You also waive any and all rights of privacy and publicity or any other rights of a similar nature in relation to your content or any part thereof. To the extent that any moral rights are not transferable or assignable, you hereby waive and agree not to assert any and all moral rights, nor to support, sustain or permit any action based on any moral rights you may have or in respect of any content you post on YIQQI.

We also have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to YIQQI constitutes a violation of their intellectual property rights or privacy rights.

We reserve the right to cut, trim, edit or refuse to publish, your content at our or your absolute discretion. We have the right to remove, block or delete any posting you make on our Services if, in our sole discretion, it does not meet our content standards. In addition, we have the right - but not the obligation - in our absolute discretion, to remove, disable, block or delete any Content(i) that we believe violates these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without liability to you. As a result, we recommend that you keep copies of any Content you post on YIQQI on your personal device(s) in the event that you wish to ensure that you have permanent access to copies of such Content. We do not guarantee the accuracy, completeness, ownership or quality of any content, and under no circumstances shall we be liable in any way for any content.

You control whether your content is in the public domain on YIQQI to all other users, or whether it is made available only to those you approve.

We assume no responsibility for any content submitted by users and published by us or by authorised third parties.

YIQQI takes reasonable steps to promptly remove any infringing material of which we become aware. It is YIQQI's intention, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe the copyrights or intellectual property rights of others.
8. YIQQI DOES NOT TOLERATE OBJECTIONABLE CONTENT OR ABUSIVE USERS UNDER ANY CIRCUMSTANCES.
It is mandatory that all users of YIQQI accept the present terms of service by means of the check established for this purpose.

YIQQI does not tolerate in any way objectionable content or objective users, it is one of the main objectives of the platform, which is a pleasant environment without abuse of any kind.

We strive to prevent real-life harms that may be related to content on YIQQI. While we understand that people often express contempt or disagreement through threats or appeals to violence without serious intent, we remove language that incites or encourages acts of serious violence. In cases where we believe there is a risk of physical harm or direct threats to public safety, we remove the content in question, disable the accounts involved and notify local authorities. We also try to take into account vocabulary and context to distinguish casual statements from content that constitutes a credible threat to public or private safety. In determining whether a threat is credible, we may also take into account other information, such as a person's public visibility and risks to their physical safety.

The following content is strictly prohibited:

Threats that could lead to death (and other forms of violence of high severity) or admissions of past violence directed at persons or places where threats are defined as follows: Threats inciting serious injury (medium severity violence) and admissions of past violence towards non-public persons, unnamed specified persons, minor public figures or high-risk persons or groups, where threats are defined as follows: Content about recipients other than non-public persons, underage public figures, or high-risk individuals or groups and any credible instances of the following actions: Threats inciting physical harm (or other lesser forms of violence) to non-public persons (subject report required) or minor public figures, where threats are defined as follows: Instructions to make or use weapons where there is evidence that the aim is to seriously injure or kill people. The instructions may be: Instructions on how to make or use explosives, unless it is clear from the context that the content is not intended for violent purposes (e.g. parts of commercial video games, the use of clearly educational or scientific material, fireworks or fishing materials).

Any content that includes statements of intent or support, incitement, conditional statements or expressions of desire for violence in the context of an electoral process, voter registration or the administration of the outcome of an election.

Statements of intent or support, incitement, conditional statements or expressions of desire to carry weapons into places, including but not limited to places of worship, educational institutions, polling places or places used to count votes or administer an election process, as well as encouraging others to do so.

We require additional information or context to enforce the following rules:

Do not post:
9. PROHIBITION OF ABUSIVE BEHAVIOUR
It is strictly forbidden for one or more users to engage in harassment directed at one person or to incite others to do so. Attempting to harass, intimidate or silence another person's voice is considered abusive behaviour.

YIQQI Principles

At YIQQI you should feel safe to express your unique point of view. We believe in freedom of expression and open dialogue, but this fundamental philosophy is of little use if voices are silenced because people are afraid to speak out.

In order to help keep the dialogue on YIQQI healthy and to help people express diverse opinions and beliefs, we prohibit any behaviour that threatens or intimidates, or otherwise aims to shame or demean others. As well as posing a risk to people's safety, abusive behaviour can also cause physical and emotional harm to those affected.

When we act in response to abusive behaviour

When the YIQQI team understands that a post may appear to be abusive we will communicate directly with the person to whom the post is directed. In this way, we ensure that we have the necessary information before taking any enforcement action.

We will analyse reports of accounts that, by adopting any of the following behaviours in their posts, attack an individual or a group of individuals. Based on our analysis, we will take action. To obtain information about accounts that engage in abusive behaviour in their profile. Behaviour that attacks people on the basis of their race, ethnicity, nationality, sexual orientation, gender, gender identity, religious affiliation, age, disability or serious illness is in serious breach of YIQQI's principles that hate speech is strictly prohibited.

Violent threats

We prohibit content that makes violent threats against an identifiable target. Violent threats are explicit statements of intent to inflict harm that would result in serious and lasting bodily injury, whereby a person could be killed or seriously injured, e.g. "I will cut off your hands".

We have a zero tolerance policy against violent threats. Those deemed to share violent threats will face immediate and permanent suspension of their account.

Expressing the wish, hope or request that a person or group of people will suffer serious harm.

We do not tolerate any content that promotes, encourages or expresses the wish or hope that a person or group of people will die, suffer serious physical harm or be affected by severe illness. This includes, but is not limited to, the following: Unwanted sexual advances.

YIQQI prohibits unwanted sexual advances and content that sexually objectifies a person without their consent. This includes, but is not limited to, the following: Using insults, obscene language or adjectives for the purpose of threatening or intimidating others.

We take action against the use of insults, obscene language or epithets to attack others. In some cases, such as serious and repetitive use of insults or epithets (among others) where the primary intent is to harass or intimidate others, we may request the removal of the post.

Encouraging or asking others to harass a person or group of people.

We prohibit initiatives that encourage others to harass or attack specific individuals or groups of individuals through abusive behaviour. This includes, for example, requests to attack individuals through online abuse or harassment and behaviour that encourages actions outside of YIQQI, such as physical harassment.

Denying that mass casualty events have occurred

We prohibit content that denies that mass killings or other mass casualty events occurred, where we can verify that the event occurred and where the content is shared with abusive intent. This may include references to an event as a "hoax" or claims that victims or survivors are fake or are "actors". This includes, but is not limited to, events such as the Holocaust, school shootings, terrorist attacks and natural disasters.

Any user can report this type of content

We analyse reports of this type of content whether they come from the person directly affected or from witnesses.

Consequences When determining the penalty for violating this policy, we consider a number of factors, including the severity of the violation and the violator's history of non-compliance with the rules, among others. The following is a list of possible enforcement options for content that violates this policy:
10. How content moderation works on YIQQI
The main method of content moderation in YIQQI is the report of users, who have a check in each publication identified as "Report this publication" through which they can access a report form.

There is also automated pre-filtering using an algorithm under constant development by our technical team whereby content on YIQQI is first analysed and potential violations of the rules, such as nudity or violent and graphic content, are identified and reported.

When a content violation is detected, it is automatically removed or reported for further review by our Security Team.

What if your YIQQI post is under review?

If your YIQQI content or video is being reviewed, our Safety Team will decide whether or not it has violated YIQQI rules. The review may take place when a video is uploaded, or when it gains popularity or is reported.

If a violation has been detected: If no violation has been detected: What happens to your YIQQI account if your content is reported or reported

Our system counts the number of violations for each user based on their severity and frequency. If you have committed a violation, we will notify you of the consequences to your YIQQI account. More frequent violations will result in more penalties, including temporary or permanent suspension. You can also view the history of your violations on YIQQI.

First violation on your YIQQI account

When your first violation is detected: Multiple violations on your YIQQI account

If this is not the first time you have violated the rules, we may take one or more actions, such as the following.

Temporary blocking: Permanent blocking: Important things to note about violations: What to do if your video has been deleted or your account has been restricted or blocked.

If you believe your video has been deleted or your account has been restricted or blocked by mistake, you have the option to submit a review request directly from the application.

If we conclude that your content or account should be reinstated: Verify account ownership:

To ensure that offenders do not abuse the anonymity we provide and harass others on the platform, we may ask the account holder to verify their account ownership with a phone number or email address. This also helps us to identify offenders who operate multiple accounts for abusive purposes and to take action with respect to those accounts.

Direct Message Actions

Stop conversations between a reported offender and the complainant's account: When one participant in a private Direct Message conversation reports the other participant, we will prevent the offender from sending messages to the person who reported the offender. In addition, the conversation will be deleted from the complainant's inbox. However, the conversation will resume if the reporter decides to continue sending Direct Messages to the offender.

Place a Direct Message behind a warning: In the case of a group Direct Message conversation, it is possible for the message representing a violation to be placed behind a warning so that no one else in the group can see it again.
11. Indemnification
You agree to defend, indemnify and hold harmless YIQQI, its parents, subsidiaries and affiliates, and each of their respective directors, employees, agents and consultants from and against any and all claims, liabilities, costs and expenses, including, without limitation, attorneys' fees and expenses, arising from a violation of these Terms by you or any user using your account, or arising from a breach of your obligations, representations and warranties under these Terms.
12. EXCLUSION OF WARRANTIES
NOTHING CONTAINED IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS WHICH YOU CANNOT CONTRACTUALLY ACCEPT OR WAIVE AND TO WHICH YOU WILL ALWAYS BE ENTITLED AS A CONSUMER.

THE YIQQI SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTIES OR REPRESENTATIONS TO YOU WITH RESPECT THERETO. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT: NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR ANY PURPOSE OR COMPLIANCE WITH THE DESCRIPTION) SHALL APPLY TO YIQQI EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS. WE MAY MODIFY, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR COMMERCIAL OR OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
13. LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSS WHICH MAY HAVE BEEN INCURRED BY YOU. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: YOU ARE RESPONSIBLE FOR ANY TELEPHONE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT MESSAGING AND DATA USAGE CHARGES. IF YOU ARE UNSURE OF THE NATURE OF SUCH CHARGES, YOU SHOULD CHECK WITH YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND WITHOUT LIMITATION, ANY TELECOMMUNICATIONS SERVICE OPERATOR, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
14. Other Terms
  1. Governing Law and Jurisdiction. Subject to any specific terms of a Jurisdiction, these Terms, their subject matter and their formation, are governed by the laws of Canada. Any dispute arising out of or relating to these Terms, including any question relating to the validity, enforceability or termination of these Terms shall be referred to and finally resolved in the jurisdiction of Canada.
  2. Age Limit. The Services are only for persons who are 16 years of age or older. By using the Services, you confirm that you are over the relevant age stated herein. If we become aware that anyone under the relevant age stated above is using YIQQI we will close that user's account.
  3. Security. We do not guarantee that our Services will be secure or free of bugs or viruses. You are responsible for configuring your information, technology, software and platform to access our Services. You should use your own virus protection software.