Terms of Program Payments
These Terms of Program Payments (“
Agreement”) are a binding legal agreement between you and
NovoCamello (HK) Limited (trading as “
Aqua Creative”) (“Aqua Creative”, “
we”, “
us”). “
Aqua Creative” is a trading name of
NovoCamello (HK) Limited. Company No.: 3166986; Registered Office: Rm D07, 8/F, Kai Tak Fty Building, 99 King Fuk Street, San Po Kong, Hong Kong, and govern your access to participate in the Aqua Creative and Trovo programs (“Program”) and receive payments.
Any person that participates or attempts to participate in the Program must accept this Agreement without change. By registering for the Program, you have agreed to the terms and conditions of this Agreement, and have entered into a legal contract between you and NovoCamello (HK) Limited (trading as “Aqua Creative”); provided, however, that this Agreement shall not be effective until we determine that you are eligible to participate in the Program.
The Trovo Terms of Service separately govern your use of the Trovo’s live streaming platform.
1. Description of the Program. The Program permits you to monetize the broadcasting, streaming. The Program is the activity of the participant associated with the implementation of special actions, as a result of which the participant can receive a monetary reward. Information about programs, terms of their validity, reward size is posted on the official websites: https://trovo.live/
2. Compliance Requirements. As part of the enrollment process into the Program, you must submit a complete and accurate data for participate (including all forms, documents, or certifications as may be required to satisfy any tax obligations with respect to payments under this Agreement).
2.1. You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your Trovo channel, is at all times complete, accurate, and up-to-date.
2.2. You must promptly provide us with information that we request to verify your compliance with this Agreement.
3. Payment Terms. Payment terms, payment amount, payment currency, payment procedure are determined according to the Program and options in the personal account. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information through the Trovo.
4. Taxes. The participant of the program undertakes to independently fulfill all necessary tax obligations. We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any payment made to you under this Agreement, and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of such payment under this Agreement.
5. Data Privacy. We are respects your privacy and we acknowledge that you have certain rights related to any personal information we collect from you and we have certain obligations in respect of the same. NovoCamello (HK) Limited (trading as “Aqua Creative”) collects, stores, and uses personal data to provide Program payments. When you agree to the Agreement, also you should agree our Privacy Policy or we will not be able to make the payments.
6. Representations and Warranties. You represent, warrant, and covenant that (a) you are of legal age and have not been previously removed from or prohibited from receiving the Trovo, (b) you will participate in the Program in accordance with this Agreement and Privacy Policy, (c) your participation in the Program will not violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, industry standards, judgments, decisions, or other requirements of any applicable governmental authority (including all such rules governing communications and marketing), (d) you have the full right, power and authority to enter into this Agreement and to perform the acts required hereunder; (e) your execution of this Agreement, and your performance of your obligations and duties hereunder, do not and will not violate any agreement to which you are a party or by which you are otherwise bound; and (f) the information you provide in connection with the Program is accurate and complete at all times.
We do not make any representation, warranty, or covenant regarding the amount of Program Fees you can expect at any time in connection with the Program, and we will not be liable for any actions you undertake based on your expectations.
7. Term and Termination. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us
8. Indemnification. You hereby release and agree to defend, hold harmless, and indemnify us, and/or our subsidiaries, affiliates, directors, officers, employees, agents, successors and assigns from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense and 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 this Agreement or allegation or claim of negligence, strict liability, willful misconduct or fraud of you; or (b) your access to or use of the Program.
9. Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE TO YOU FOR LOST REVENUE, LOST PROFITS, LOST BUSINESS, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY TO YOU, UNDER ANY THEORY OF LIABILITY, IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
10. Relationship of Parties. You and we are, and will remain at all times, independent contractors, and nothing in this Agreement will be construed to create an agency, employment, fiduciary, representative or any other relationship between you and us. You will not represent yourself to be an employee, representative, or agent of us. You understand and agree that you do not have authority to bind us in any manner, or enter into any agreement or incur any liability on behalf of us.
11. Governing Law, Jurisdiction. This Agreement is governed in accordance with the laws of Hong Kong SAR.
12. Entire Agreement. This Agreement contains the complete understanding between the parties with respect to their respective subject matter hereof and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and will not be modified except in writing, signed or otherwise agreed to by both parties.
13. Company Information. NovoCamello (HK) Limited (trading as “Aqua Creative”)Registered in Hong Kong (Company No.: 3166986)Registered address: ROOM D07, 8/F, KAI TAK FTY BUILDING, No. 99 KING FUK STREET, SAN PO KONG, HONG KONG
Contact: info@aqua-creative.co