LIV Media, Inc.
Effective or updated on May 20, 2020
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE LIV APP. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
The LIV App is the property of LIV Media, Inc., a Nevada corporation (“LIV”). By downloading and using the App, you agree to be legally bound to this Agreement (“Agreement”). In exchange, LIV will grant you, during the time you are an Authorized User (as defined below), a nonexclusive license to use the App on an “AS IS” basis only for Permitted Uses (as defined below), subject to the following terms and conditions.
We have included brief summaries at the start of each section below to make this document easier to read and understand. However, the summaries do not replace the details within each section and you should still reach each in its entirety, as you are bound to all details set forth therein.
By accessing or using LIV’s services, you agree to be bound by these terms, including our Privacy and Cookie Policies, so it is important that you read this agreement carefully before you create an account. We may update the terms from time to time, so you should check this page regularly for updates.
We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date; however, you are responsible for regularly checking this page for notice of any changes. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you must immediately stop using our Services and delete or uninstall the App from your devices.
2. CREATING AN ACCOUNT; USER RESPONSIBILITIES
You must be eligible to use our Services. Before you create a LIV account, be sure you qualify and that you accept what you may and may not do when using the services and the rights you grant LIV.
By using our Services, you represent and warrant that:
You are at least 18 years old;
You are legally qualified to enter a binding contract with LIV;
You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
You are not on any list of individuals prohibited from conducting business with the United States;
You are not prohibited by law from using our services;
You have not have been convicted of or pled no contest to a sex crime, or any crime involving violence;
You are not required to register as a sex offender with any state, federal or local sex offender registry;
You do not have more than one account on our Services; and
You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, you must immediately cease using the Services and delete your account.
By using our Services, you agree to:
Comply with these Terms, and check this page regularly for changes;
Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
Use the latest version of the Website and/or App;
Treat other users in a courteous and respectful manner, both on and off our Services;
Be respectful when communicating with any of our team members;
Create and maintain a strong password and take reasonable measures to protect the security of your login information.
You agree that you will not:
Make any misrepresentations about your identity or make any false statements when creating or maintaining your account;
Use the Services in a way that damages or discredits the Services or hinders or prevents others from using them;
Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
Use our Services for any harmful, illegal, or nefarious purpose;
Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
Post or share Prohibited Content (see below);
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
Use another user’s account;
Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
Violate the terms of the license granted to you by LIV (see Section 6 below).
Disclose private or proprietary information that you do not have the right to disclose;
Copy, modify, transmit, distribute, or create any derivative works from, any content or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without LIV’s prior written consent;
Express or imply that any statements you make are endorsed by LIV;
Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
Upload viruses or other malicious code or otherwise compromise the security of our Services;
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
“Frame” or “mirror” any part of our Services without LIV’s prior written authorization;
Use meta tags or code or other devices containing any reference to LIV or the platform (or any trademark, trade name, service mark, logo or slogan of LIV) to direct any person to any other website for any purpose;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
Use or develop any third-party applications that interact with our Services or content or information without our written consent;
Use, access, or publish the LIV application programming interface without our written consent;
Probe, scan or test the vulnerability of our Services or any system or network; or
Encourage, promote, or agree to engage in any activity that violates these Terms.
Prohibited Content – LIV prohibits uploading or sharing content that:
Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
Is defamatory, libelous, or untrue;
Involves the transmission of “junk” mail or “spam”;
Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from LIV or otherwise;
Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
Was not written by you or was automatically generated, unless expressly authorized by LIV;
Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
Is inconsistent with the intended use of the Services; or
May harm the reputation of LIV or its affiliates.
The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.
LIV owns all content on our Services.
Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services (“Our Content”) is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
LIV does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful LIV community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate content or misconduct by other users. You may email LIV Customer Service at [email protected].
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 11 (Digital Millennium Copyright Act) below.
6. RIGHTS YOU GRANT LIV
You own all of the content you provide to LIV, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to LIV a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute content that you upload or provide while using our Services, with the express exception of any content exchanged during a session with a LIV coach (“Your Content”); including any information you authorize us to access from other third-party sources (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. LIV’s license to Your Content shall be non-exclusive, except that LIV’s license shall be exclusive with respect to derivative works created through use of our Services. For example, LIV would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that LIV can prevent the use of Your Content outside of our Services, you authorize LIV to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. LIV is not obligated to take any action with regard to use of Your Content by other users or third parties. LIV’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for LIV allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to LIV regarding our Services, you agree that LIV may use and share such feedback for any purpose without compensating you.
You agree that LIV may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
7. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS
You will have the opportunity to purchase products and services from LIV. If you purchase a subscription, it will automatically renew – and you will be charged – until you cancel.
LIV may offer products and services for purchase through iTunes, Google Play or other external services authorized by LIV (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). LIV may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.
Generally, all purchases are nonrefundable. However, you may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
9. ACCOUNT TERMINATION
If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.
LIV reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these Terms, misused our Services, or behaved in a way that LIV regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
LIV’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.
LIV PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LIV DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE, LIV MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
LIV TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES LIV TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH LIV. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. LIV IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
LIV has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
C. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
D. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to [email protected].
LIV will terminate the accounts of repeat infringers.
12. ADS AND THIRD-PARTY CONTENT
Like many subscription-based services, there are ads on our websites.
Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. LIV may also provide non-commercial links or references to third parties within its content. LIV is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, LIV is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. LIV is not responsible or liable for such third parties’ terms or actions.
13. LIMITATION OF LIABILITY.
LIV’s liability is limited to the maximum extent by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIV, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF LIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIV’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO LIV FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 13 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
14. DISPUTE RESOLUTION
In the unlikely event that we have a legal dispute, here is what you need to know.
If you are dissatisfied with our Services for any reason, please contact LIV Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against LIV, these terms will apply.
A. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER
If you pursue a legal claim against LIV, you agree to arbitration (with limited exceptions).
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Clark County, Nevada. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
15b. GOVERNING LAW
Nevada law and the Federal Arbitration Act will apply if there is a dispute (except where prohibited by law).
Except where our arbitration agreement is prohibited by law, the laws of Nevada, U.S.A., excluding Nevada’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 14A above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Nevada governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Any claims that are not submitted to arbitration for any reason must be litigated in Clark County, Nevada (except for claims brought in small claims court, or where prohibited by law).
Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in Clark County, Nevada, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with LIV that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Clark County, Nevada, U.S.A. You and LIV consent to the exercise of personal jurisdiction of courts in the State of Nevada and waive any claim that such courts constitute an inconvenient forum.
15. INDEMNITY BY YOU
You agree to indemnify LIV if a claim is made against LIV due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless LIV, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement.
16. ACCEPTANCE OF TERMS
By using our Services, you accept the Terms of this Agreement.
The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed to have the same meaning.
17. ENTIRE AGREEMENT
This Agreement supersedes any previous agreements or representations.