The units "EchoHearts", "Virtual Gifts" and "Diamonds" are used to either purchase or perform various Services offered in the Platform. You agree that you shall use EchoHearts, Virtual Gifts, and Diamonds solely and only within the Platform, and strictly for their purposes as provided in the Platform. In particular, you shall not use EchoHearts, Virtual Gifts and Diamonds for:
any exchange of value, whether monetary or otherwise, for any transaction that takes place outside of the Platform;
any transfer of value or settlement of any monetary debt; or
any representation of any monetary value outside of the Platform.
EchoHearts can be purchased using real money, and the Platform supports a reward mechanism pursuant to which Users may be receive monetary compensation by withdrawing Diamonds in their User Account, subject to certain conditions. As these transactions may involve credit card or account transactions through a financial institution, in the event of any error in such transaction which results in chargebacks from the financial institution, the Company reserves the right to clawback the amount (up to the disputed amount) from your User Account or by any other way it deems fit in its sole discretion.
The Company may work with third party processing partners and/or financial institutions to facilitate transactions within the Platform, including but not limited to the purchase of EchoHearts or a withdrawal of Diamonds for monetary compensation as further elaborated below. By taking part in such transactions, you are deemed to have agreed to the terms of service of the Company’s processing partners and/or relevant financial institutions. You may be required to bear fees which are charged by such third party processing partners and/or financial institutions.
The Company has the right to reject and refuse your purchase or transaction involving EchoHearts, Virtual Gifts or Diamonds, or forfeit your EchoHearts, Virtual Gifts or Diamonds where it reasonably believes that your use of the Platform and/or Services may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of these Terms.
For the avoidance of doubt, EchoHearts, Virtual Gifts, and Diamonds cannot be assigned or transferred to any User in the Platform or any third party, and the sale, barter, assignment or disposal of EchoHearts is expressly prohibited. EchoHearts, Virtual Gifts, and Diamonds are not any form of legal property, and are not transferable upon death or by operation of law.
EchoHearts may be used for a variety of Services in the Platform, including exchanging them for Virtual Gifts, renewing your subscriptions, purchasing certain Services in the Platform, interacting with User Content and spending such EchoHearts on another User. Any action taken requiring the use of EchoHearts is strictly irreversible, and the requisite number of EchoHearts will be deducted from your User Account once such action has been taken.
You may increase the total number of EchoHearts in your User Account by taking certain steps as provided for in the Platform, or by purchasing them with real money through a variety of payment methods. The total amount charged for the EchoHearts you wish to purchase, as well as the currency the transaction will be settled in will be specified at the point of purchase. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider.
The purchase of EchoHearts is strictly non-refundable, and EchoHearts are not redeemable for cash, legal tender, or currency of any state, region, or any political entity, or any other form of credit. They cannot be resold or transferred for value, and shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
Virtual Gifts are virtual representations of material things, and the Platform provides User with a "Gifting Service" whereby a User may "gift" a Virtual Gift to another User's User Account in the Platform. When gifting a Virtual Gift to another User, a certain amount of EchoHearts will be deducted from your User Account to take such an action. The number of EchoHearts required to gift a specific Virtual Gift will be displayed in the Platform, and may differ from Virtual Gifts.
Virtual Gifts are not property, and the giving of a Virtual Gift from a User to another User is not to be construed as a transfer of property from one User to another User. Instead, the gifting of a Virtual Gift is a Service offered to Users on a Platform which is intended to mimic the act of "gifting" something to another User in exchange for the giving User's EchoHearts. In this manner, no legal relationship is intended to be created between the giving User and the receiving User.
Any gifting of a Virtual Gift in exchange for EchoHearts is strictly irreversible. Notwithstanding, the Company may replace any Virtual Gift, if it determines in its sole and absolute discretion that a Virtual Gift is corrupted or otherwise damaged.
As a User, you may receive Virtual Gifts in your User Account pursuant to other Users using the Gifting Service to gift you Virtual Gifts. In such event, your User Account will display such Virtual Gift, and will also be credited with a certain amount of Diamonds depending on the Virtual Gift. For the avoidance of doubt, Virtual Gifts cannot be re-gifted once they have been received by a User, and the Gifting Service only provides for the gifting of Virtual Gifts pursuant to the exchange of EchoHearts.
Users may earn Diamonds for a variety of actions in the Platform, such as when (i) another User uses EchoHearts to interact with your User Content; and (ii) another User uses the Gifting Service to gift you a Virtual Gift. For the avoidance of doubt, Diamonds cannot be directly purchased for real money, nor can Diamonds be transferred or gifted as between Users.
Diamonds may be withdrawn by a User for monetary compensation by the Company, and the applicable monetary compensation will be calculated by us based on various factors. You must follow strictly the process to withdraw your Diamonds as provided by the Company from time to time. and your withdrawal will be subjected to additional terms and conditions in such process, including but not limited to:
any applicable daily limits of withdrawal;
any transaction fees chargeable; and
any third party service provider terms which are applicable.
You agree that the Company 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. If you do not follow the withdrawal process, you may not be able to make withdrawals of your Diamonds for monetary compensation.
For the purposes of clarity, Diamonds are a measure of a User's actions, involvement in and contributions to the Platform, which is then used as factor to calculate the monetary compensation a User may earn for withdrawing such User's Diamonds. Notwithstanding:
save for the option of a User to withdrawn Diamonds for monetary compensation by the Company, is not intended to be resold or transferred for value, and shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances; and
a User is not (nor is intended to be) and shall not be considered as an employee of the Company.
You must ensure that you abide by all applicable laws in the withdrawal of your Diamonds for monetary compensation. You agree that you will be personally responsible for the payment of any income taxes (or any similar tax) for any monetary compensation you may receive upon the withdrawal of your Diamonds.
Expiry of EchoHearts and Diamonds
All EchoHearts and Diamonds are only valid for one (1) year from the date such EchoHeart or Diamond is added into your account, and automatically expire following such period of validity. Expired EchoHearts and Diamonds are automatically removed from your User Account, and you are deemed to have forfeited any expired EchoHearts and Diamonds, and shall not have any claim against the Company whatsoever for any value of expired EchoHearts and Diamonds.
It is your personal responsibility to keep track of and monitor the expiry date of your EchoHearts and Diamonds, and the Company owes you no duty to inform you of such expiry date. You agree that the expiry date set out in the Platform in your User Account or as shown in the records kept and maintained by the Company shall serve as conclusive evidence of the expiry date of your EchoHearts and Diamonds.
EchoHearts and Diamonds will automatically expire upon the termination of your User Account.
Unless agreed otherwise by the Company:
the maximum value of EchoHearts a User may hold in such User's User Account at any time is US$15,000/;
the maximum value of Diamonds a User may hold in such User's User Account at any time is US$15,000; and
the total value of transactions involving EchoHearts and Diamonds you may conduct in a calendar year may not exceed US$50,000, or such lesser limit as may be notified to you by the Company from time to time via the Platform.