Hily Streaming and Reward Policy
Effective Date: July 18, 2022
Hily allows its Members to express themselves and does its best to issue and support as most convenient Service as possible to achieve that. We are keen on making Hily your most exciting experience in dating and social discovering.
1. HILY COMMUNICATION FEATURES
Our favorite Hily features are streaming and other communication tools. By using them, you can stream your live videos and share your emotions with the whole Hily community, create and post in groups, publish your stories and share as many of your significant moments as you want. You may express yourself through Hily everywhere and whenever you want: in a café, at home, outside, while listening to music or eating. You choose your decoration on your own. Still, you must acknowledge and adhere to the following rules while using Hily’s communication features:
o contain obscene, pornographic, sexually (either explicit or implicit) profane, defamatory, abusive, offensive, indecent, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal content or actions or nudity of any kind;
o promote racism, bigotry, violence, hatred or physical harm of any kind against any group or individual;
o contain hate or hate-motivated speech of any kind;
o are intended to, or do, harass, or intimidate any other user or third party;
o may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
o contain video, audio, photographs, or images of another person without their express written consent (or in the case of a minor, the minor's legal guardian) or otherwise violate anyone's right of privacy or publicity;
o promote or enable illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
o violate someone's data privacy or data protection rights;
o contain any advertising or promotional content;
o promote Hily’s competitors or appreciate their activity;
o are, in the sole judgment of Hily, objectionable or restrict or inhibit any person from using or enjoying the Service or expose Hily or its users to harm or liability of any type; or
o are, in the sole judgment of Hily, violation of any Hily’s policies.
b. Hily is entitled to identify the User Content as inappropriate at its sole discretion and delete/block it or make it otherwise unavailable at any time;
c. you are prohibited to broadcast, record, stream or otherwise create your live streams as well as create any other User Content when it may present a danger to you, your friends or family or any other people (e.g., you have no rights to create the User Content when driving, climbing, cooking food on an open fire, dancing with tigers, skiing or skating, etc.);
d. you must not create User Content intended to hurt feelings of others;
e. you have no right to stream making other people do illegal things, including, without limitations, offering, asking for, ordering or otherwise telling them to violate any part of the Agreement, including, Hily Paid Service Terms and Conditions;
f. you have to adhere to the Agreement, including, Hily Paid Service Terms and Conditions and Community rules;
g. you have no right to attempt to indicate, in any manner, that you have any kind of relationship with Hily or that we have endorsed you or any products or services for any purpose;
h. it is prohibited to share a political opinion, participate in political activity, provide links to a political party’s websites, including contribution/donation page of a political party, and solicit viewers to make contributions/donations directly to a political party or vote for any political party while streaming;
i. you must not request for any charity or donation in obscene form;
j. you may promote your streams in any way that is not prohibited by both the applicable law and the Agreement;
k. we use reasonable security measures in order to protect your streams or their records against unauthorized copying and distribution. However, Hily does not guarantee that any unauthorized copying, use or distribution of your streams or their records by third parties will not take place.
You hereby release and agree to defend, hold harmless, and indemnify us, and/or our subsidiaries, affiliates, directors, officers, employees, agents, successors and assignees from and against any allegation or claim based on any loss, damage, settlement, cost, expense or any other liability (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification), arising from or related to: (a) any act or omission by you, including, without limitation, any breach of the Agreement, including this Policy or allegation or claim of negligence, strict liability, willful misconduct or fraud of you; or (b) your streaming as well as creation or distribution the User Content.
Diamonds are a kind of rating points which show Hily and its Members your overall contribution to the application and to the community. They serve as some sort of a “prestige” level for our users. To the extent allowed by the Hily application, a user may get diamonds while going live, creating User Content, communicating with other Members, getting in-app achievements, etc. Hily may encourage users to communicate with other Members and share their emotions by rewarding their efforts. When a user reaches a certain level of diamonds, a user may claim for a reward. Please note that:
o diamonds are not in-app, virtual or real objects of value, they have no value themselves;
o a user may not interact with diamonds, they are just like a rating scale;
o diamonds are not a remuneration themselves; they are a graphical representation of a user’s efforts in the application;
o once a reward is claimed, a diamonds quantity decreases to avoid a fraud and doubled requests.
4. REFFERAL PROGRAM
Hily encourages all existing Members to recommend Hily Services to their friends, family and colleagues to become the streamer in Hily application (the “Referral Program”).
To become the Qualified Referral, the person referred shall:
o be a new user in the Hily application;
o sign up for Hily application using Member’s referral link or code to allow for proper tracking of referrals;
o consent to and comply with the Agreement;
o stream at least 60 minutes in the Hily application.
The Member may be eligible to get bonus for each Qualified Referral under the Referral Program. The bonus applicable to your Qualified Referral will be displayed in the Streaming Center in the “My referrals” section of the Hily application.
By participating in the Referral Program, the Member represents and warrants that (a) the Member has a personal relationship with the person referred; (b) the Member will comply with all applicable rules and regulations in the Member’s participation in the Referral Program.
The following is a non-exhaustive list of restrictive activities that will disqualify the Member from earning bonuses through the Referral Program:
o creating duplicative or fake accounts, profiles, links or messages, or usage of scripts or bots of any kind to get benefits from the Referral Program;
o posting of referral link on any page that is not owned and controlled by the Member, who refers the Services to the person;
o misleading or attempting to mislead anyone in connection with the Referral Program, including, but not limited to, misrepresenting your relationship with Hily or posing as a representative of Hily in an official capacity;
o placement of the Hily logo or mention of Hily in any advertising text, extensions or banner advertisements without Hily’s prior written consent;
o any bulk email distribution, distribution to strangers, or any other promotion of a referral link or code in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Hily’s sole discretion;
o taking any action or making any content that is disparaging or defamatory to Hily.
Hily reserves the right (but has no obligation) to reward your efforts in using the application. When considering about a reward, we may take into account (a) your streams’ quality and duration, the number of viewers to be engaged into or interested in the streaming, the ways that viewers react and respond to your streams, viewers’ spam reports; (b) time of your activity in the application; (c) number of publications, stories, photos, etc. that you have published; (d) gifts that you received and in-app achievements that you get and (e) any other criteria that Hily finds important.
When claiming for reward, the Member may choose a type of a reward: (a) a money reward; (b) an access to in-app features, including, Licensed Content; or (c) branded merchandise (if available) or other reward to be shown in the relevant area of the application. The following rules are applied to the Member who requests a reward:
o Members shall claim for a reward via the relevant section of the application and only when they have enough points of rating (diamonds);
o the Member may not request a reward more than five (5) times within a month;
o if Members choose a money reward, they may not claim for an amount of more than 1,000 USD at one time per user and 5,000 USD per month;
o Hily may process a request within 7 business days following the date of request;
o the Member may not place a request until all the previous request are completed;
o Hily is entitled to decline or pause a reward fulfillment in order to prevent suspected fraud activity. Hily is entitled to identify the fraud by using measures and criteria set up at its sole discretion.
In the event a user chooses a money reward, Hily’s reward is not a gift or any type of donation, but a payment for your services of the users’ involvement into the Hily community. A fee amount and remuneration criteria shall be solely determined by Hily on a case-by-case basis. Where Hily decides to financially reward you, we may contact you and request to fill in some necessary documents and provide us with your banking details. You shall lose your right for remuneration, if you fail to provide us with the necessary information or documents within 14 days from the date, we send our request. You may also lose your right for reward (whether accrued or to be accrued) if you violate any of the conditions of the Agreement, applicable law or if you delete your profile. Hily is entitled to appoint a third party to process a reward payment. If such payment is received by you from a third party, Hily’s payment obligation hereunder shall be considered properly fulfilled.
Members shall be responsible for and bear their own taxes, fees, costs and expenses resulting from the negotiation, preparation, execution and performance of any of Hily’s documents and the transactions contemplated hereby, including, without limitation, fees and disbursements of legal counsels, financial institutions, including banks, payment systems etc.
Hily is not obliged to make a payment if the total amount to be paid to you due to rewarding mentioned above is less than $100, and may instead accrue such payment obligation until such time as its overall obligation to you equals or exceeds $100. Nevertheless, there are some special rules for users from USA and the European Union:
o USA and non-EU countries. If at any time there has been no substantial activity on your profile for at least six (6) consecutive months, and you have not accumulated rewards worth at least $100 during that period, we may cancel your reward;
o EU. If at any time there has been no substantial activity on your profile for at least six (6) consecutive months, and you have not accumulated rewards worth at least $100 during that period, we will have the right, upon seven (7) days’ written notice, to cancel your reward.
None of the provisions stated above shall constitute:
o Hily’s obligation to pay you a salary or any regular payments;
o Hily’s obligation to pay you any fee, reward, remuneration, reimbursement where Hily does not directly notify you about that;
o your right to determine a fee amount, remuneration criteria, frequency or means of payments to be made by Hily;
o your right to request reward in advance;
o your right to dispute the amount of a reward or way it is to be paid;
o a situation where Hily requests you to create any content or provide Hily with any services.
If you have any questions regarding this Hily Streaming and Reward Policy, please contact our customer support team at [email protected]