The Chobi Live Stream Program (the “Program”) and the Chobi Platform (“Platform”)
are provided by Cashgate Information Technology LLC for users to live stream and use
live-streaming features. It is open to users of the Services who are aged 18 or older and is
subject to the following terms and conditions of this Virtual Items Policy. If you are between
the ages of 18 and the age of legal majority in your jurisdiction, you may only participate in
the Program with the permission of a parent or legal guardian who agrees to be bound by this
Virtual Items Policy.
Who is eligible to participate in the Program?
- Users under the age, the age of majority in your jurisdiction, may participate in the
Program with the permission of a parent or legal guardian.
- Select users, aged 18 or above may participate in the Program. Such users shall be selected
exclusively at the discretion of the Platform on the basis of various criteria including
their track record in creating quality content, number of followers etc.
- Only users 18 years old or older (or the age of majority in your jurisdiction) can: buy
Coins and Gifts; send Gifts to other Users; receive Gifts with monetary value; or earn
Diamonds and withdraw Diamonds.
COINS
Who can buy Coins?
- Users of our Services who are aged 18 (or age of majority in your jurisdiction)
or older may purchase virtual “coins” (“Coins”) from us using authorized payment methods and
through payment providers made available and authorized by us.
Purchasing Coins
- The price of the Coins will be displayed at the point of purchase. All charges and payments
for Coins will be made in the currency specified at the point of purchase through the
relevant payment mechanism. Currency exchange settlements, foreign transaction fees and
payment channel fees, if any, are based on your agreement with the applicable payment
provider.
- You will be responsible for the payment of any Coins purchased by you. Once your purchase
has been completed, your user account will be credited with Coins.
- If you wish to make changes to your purchase, please contact us at the email address set out
below. We will let you know if this change is possible. Please note that changes may impact
price as well as other aspects of your purchase. If you live in the European Union, you have
certain rights to withdraw from a purchase under the Consumer Rights Directive and its
implementing legislation. However, if you purchase Coins, you acknowledge and agree that we
start supplying the Coins to you as soon as the purchase is complete and therefore, your
right to cancel or withdraw from the agreement to purchase is lost at this point.
How you can use Coins
- Coins can be used to purchase Virtual Gifts. Coins cannot be exchanged for cash, or legal
tender, or currency of any state, region, or any political entity, or any other form of
credit.
- Coins can only be used on our Platform and as part of our Services, and cannot be combined
or used in conjunction with other promotions, coupons, discounts or special offers, except
those designated by us.
- No Coins may be assigned or transferred to any other user of the Services or third party
except as expressly permitted by us in writing. The sale, barter, assignment or other
disposal of any Coins, other than by us, is expressly prohibited.
- Accrued Coins do not constitute property and are not transferable: (a) upon death; (b) as
part of a domestic relations matter; or (c) otherwise by operation of law.
- Any Coins assigned, sold, or otherwise transferred without the express written consent of us
are void. Any user of the Services who violates this restriction may have his or her account
terminated by us, forfeit Coins from his or her account, and/or be subject to liability for
damages and litigation and transaction costs.
- All Coins of a user will expire automatically upon termination of the user’s account for any
reason.
- You agree that we have the absolute right to manage, regulate, control, modify and/or
eliminate such Coins, where we have a valid reason to do so, in any general or specific
case, and that we will have no liability to you based on its exercise of such right. If we
decided to eliminate Coins from our services completely, we will do so by providing
reasonable notice to you.
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GIFTS
Who can buy Gifts?
- User of our Services who is aged 18 (or age of majority in your jurisdiction) or older may
purchase virtual gifts (“Gifts”) by exchanging Coins for Gifts.
Purchasing Gifts
- Gifts constitute a limited license to certain features of digital products and services. The
exchange rate between each Coin and Gift will be displayed on our Platform at the point of
exchange
- Published prices include taxes unless it is otherwise under applicable laws in your
jurisdiction. If any Gifts are subject to sales tax in your jurisdiction and you have not
paid the applicable sales tax to us, then you will be responsible for the payment of such
sales tax and any related penalties or interest to the relevant tax authority.
- You agree that we have the absolute right to manage, regulate, control, modify and/or
eliminate such exchange rate as we see fit in our sole discretion, in any general or
specific case, and that we will have no liability to you based on our exercise of such
right.
- If you wish to make changes to your purchase, please contact us at the email address set out
below. We will let you know if this change is possible. Please note that changes may impact
price as well as other aspects of the purchase.
- Except as otherwise set out in this Policy, all sales of Gifts are final, and we do not
offer refunds for any purchased Gifts. When you have exchanged your Coins for Gifts, such
Coins will be deducted from your user account and credited with Gifts.
- Gifts cannot be converted into or exchanged for Coins or cash, or be refunded or reimbursed
by us for any reason.
- Gifts exchanged or received by any user do not constitute property and are not transferable:
(a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of
law.
- We may replace previously exchanged copies of Gifts, if we determine in our sole discretion
that the Gifts exchanged or received by a user are corrupted or otherwise damaged. We will
not charge additional fees for reissuing a corrupted or otherwise damaged Gift. If you
receive a corrupted or otherwise damaged Gift, contact us at: https://www.chobi.live/contact
- We reserve the right to terminate or take other appropriate action against the account of
any User that is deemed to be abusing the Program or this Virtual Items Policy.
How you can use Gifts
- In relation to a live stream product, you may use Gifts to rate or show your appreciation
for an item of User Content that is uploaded or streamed by another user (“Content
Provider”).
- When this functionality is available on the Services, you can contribute Gifts to User
Content by clicking the “Give Gift” button below the relevant User Content.
- When you have contributed a Gift to an item of User Content, this Gift will be removed from
your account, and converted into Diamonds (as defined and further explained below) in the
Content Provider’s account.
- Please note that when you give a Gift to another user you do so publicly so other users of
the Services (including the recipient of the Gift) can see your name, user ID and the
details of the Gift that you gave.
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DIAMONDS
Who can earn Diamonds?
- In a live stream product, a Content Provider who is aged 18 (or age of majority in your
jurisdiction) or older will be entitled to earn virtual credits (“Diamonds”).
How do you earn Diamonds?
- Diamonds are a measurement of the popularity of the relevant User Content. Diamonds are
based on the Gifts a Content Provider receives, at a rate of conversion to be determined by
us from time to time in its absolute and sole discretion.
- For purposes of clarity, users cannot purchase Diamonds.
- No Diamonds may be assigned or transferred to any other user of the Services or third party
except as expressly permitted by us in writing.
- Diamonds cannot be exchanged for Coins or Gifts.
- The sale, barter, assignment, exchange, transfer or other disposal of any Diamonds, other
than by us, is expressly prohibited.
- Accrued Diamonds do not constitute property and are not transferable: (a) upon death; (b) as
part of a domestic relations matter; or (c) otherwise by operation of law.
- Any Diamonds assigned, sold, or otherwise transferred without the express written consent of
us are void. Any user of the Services who violates this restriction may have his or her
account terminated by us, forfeit Diamonds from his or her account, and/or be subject to
liability for damages and litigation and transaction costs.
- You agree that we have the absolute right to manage, regulate, control, modify and/or
eliminate such Diamonds as it sees fit in its sole discretion, in any general or specific
case, and that we will have no liability to you based on its exercise of such right.
Withdrawing Diamonds
- At any point, a Content Provider can see how many Diamonds he/she has accrued on a real-time
basis by checking their user account.
- A Content Provider can choose, by selecting the relevant options in their user account, to
withdraw Diamonds in exchange for monetary compensation (to be denominated in US dollars).
The applicable monetary compensation will be calculated by us based on various factors
including the number of Diamonds a user has accrued.
- The withdrawal of Diamonds will be subject to the following terms and any additional
information provided in the withdrawal
instructions that are provided to you at the time of such withdrawal, including the
applicable daily limits on withdrawal amounts: the rate of withdrawal will be displayed at
the point of withdrawal.
- You agree that we have the absolute right to manage, regulate, control, modify and/or
eliminate such withdrawal feature as we see fit in our sole discretion, in any general or
specific case, and that we will have no liability to you based on our exercise of such
right; the applicable cash payment will be made directly into your nominated PayPal account
or other third-party payment channel account (if applicable).
- Your first and last name needs to be an exact match to your PayPal account information and
your PayPal account needs to be verified. It is your responsibility to ensure that you
provide your PayPal (or other payment channel) account information correctly. You are
responsible for any losses caused by incorrect PayPal (or other payment channel) account
information provided by you. Payment will not be sent to a PayPal account with an email
address, a first and last name different from what appears on your account; we may, at our
sole discretion, request you to provide information to verify your identity (including your
first and last name and your ID).
- We reserve the right to verify your identity, age (by requesting a photocopy of your ID
card, or other proof as we may require) and eligibility qualifications to our satisfaction
prior to making any payment.
- Although we aim to fulfil all withdrawal requests in a timely manner, we do not guarantee
fulfilment within a specific period of time (including any estimated timings set out at the
time of withdrawal) and we will not be liable to you or any third party for any failure to
fulfil a withdrawal request within such time.
- If you are subject to any taxes imposed by any jurisdiction on these payments, you will be
responsible for the payment of such taxes (including any related penalties or interest) to
the relevant tax authority. We reserve the right to deduct any applicable taxes prior to
making such payment if we determine that we are required to do so by applicable law. We also
reserve the right to request certifications from you in relation to taxes and to report to
tax authorities amounts paid and/or withheld from payments to you.
- We reserve the right to deduct Diamonds from your account if you are in breach of these
Terms
- We may cancel the operation of the Diamond incentive at any time. If we cancel the Diamond
incentive, you shall have no right or entitlement to any financial compensation in respect
of any Diamond accrued prior to the date of cancellation of the incentive that has not been
converted into cash using the mechanism set out in these Terms.
- You agree that when a user is entitled to a refund for the Gifts he or she purchased, the
payment withdrawn by you in relation to such Gifts shall be forfeited. You are responsible
for refund such payment within 5 business days upon receiving our notice to you
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You may cancel your account at any time, and we may terminate your account in accordance with the
Terms. All the Coins, Gifts or Diamonds in your account will be cancelled immediately upon the
cancellation or termination of your account. There will be no refunds for any unused or
unredeemed Coins, Gifts or Diamonds, so we recommend you use them before terminating your
account