Latest revision date: May 18th 2022
Please review these terms and conditions carefully.
This End User License Agreement (“EULA”) is a legally binding agreement between LIV Inc. S.r.o. (“LIV”, “we”, “us”, and/or “our”) and the person or entity accessing, installing, or using the licensed software and any associated documentation (“you” and “your”). BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING THE APPLICATION PROGRAMMING INTERFACES (COLLECTIVELY, THE “API(S)”) AND ANY SOFTWARE CODE OR DOCUMENTATION PROVIDED IN CONJUNCTION WITH SUCH APIS (COLLECTIVELY, THE “LIV SOFTWARE DEVELOPMENT KIT” OR “LIV SDK”)) OR OUR PCVR AND MOBILE APPLICATIONS (COLLECTIVELY, WITH THE LIV SDK, THE “SOFTWARE”), YOU ACCEPT (WHETHER ON BEHALF OF YOURSELF OR A MINOR OR LEGAL ENTITY YOU REPRESENT) THESE TERMS AS A BINDING CONTRACT AND CONFIRM THE FOLLOWING: (I) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS EULA; (II) YOU (OR THE PARENT OR LEGAL GUARDIAN AGREEING ON YOUR BEHALF) ARE OF LEGAL AGE IN THE JURISDICTION IN WHICH YOU RESIDE TO FORM A BINDING CONTRACT WITH US; AND (III) YOU HAVE THE AUTHORITY TO ENTER INTO THIS EULA PERSONALLY AND, IF APPLICABLE, ON BEHALF OF ANY ORGANIZATION OR MINOR ON WHOSE BEHALF YOU ARE ACTING AND TO BIND SUCH ORGANIZATION TO THIS EULA. If you are unwilling or unable to be bound by these terms, do not download, install, access, or otherwise use the Software.
In addition to the terms of the LIV Terms of Service (“Terms”), including the mandatory arbitration provision contained therein, the terms of this EULA will govern any Software that includes, displays, or links to these terms, and to any updates, supplements, or support services for the Software, unless such upgrade is accompanied by its own additional or different terms and conditions, in which case such additional or different terms or conditions shall be incorporated into this EULA and apply going forward. Your continued use of the LIV Software following such upgrade shall constitute your acceptance of such additional or different terms and their incorporation into this EULA.
If you are minor where you reside (in many jurisdictions, this age is eighteen (18)), but you are at least thirteen (13) years of age, you must have your parent’s or legal guardian’s permission (and supervision) to use the LIV Software; and you must get your parent or legal guardian to read this EULA and agree to it for you. If you are a parent or legal guardian and you provide your consent to your child’s use of the LIV Software, then you agree to be bound by this EULA with respect to your child’s use of the LIV Software.
LIV and you are hereinafter referred to from time to time, individually as “Party” and collectively as “Parties”. IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT IN SECTION 12 -14 CAREFULLY, AS IT REQUIRES THE PARTIES (UNLESS YOU VALIDLY OPT OUT OF ARBITRATION, AS PROVIDED BELOW) TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THIS EULA, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, INCLUDING SECTION 12, AND HAVE TAKEN THE TIME AND SOUGHT ANY ASSISTANCE NEEDED TO COMPREHEND THE CONSEQUENCES OF ACCEPTING THIS EULA.
1. Scope of license
The LIV Software is licensed, not sold, to you. Subject to your compliance with this EULA, LIV grants to you a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to use the LIV Software solely for your personal, non-commercial use, on any devices that you own or control. You may not transfer, redistribute, or sublicense the LIV Software. You may not copy (except as permitted by this EULA and the Terms, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the LIV Software (whether or not patentable), any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the LIV Software). You may not remove, alter, or obscure any trademark, copyright, patent or other intellectual property or other proprietary rights notices from the LIV Software or any copy thereof. You may not alter, disable, remove, circumvent or otherwise access any copy protection or other security feature, or transmit any advertisements, junk or spam through the LIV Software.
As between you and LIV, you shall own all right, title, and interest in and to any audiovisual content created by you in the course of your use of the LIV Software, including without limitation, all copyrights and rights of publicity contained therein. LIV has and retains all right, title, and interest in and to the LIV Software and all intellectual property and all components thereof, including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated therewith. Any rights not expressly granted herein are reserved by LIV and its affiliates and licensors.
You hereby assign to LIV all right, title, and interest in and to all suggestions, ideas, enhancement requests, feedback, recommendations, comments, or other information provided by you in connection with the LIV Software (“Feedback”). For the avoidance of doubt, LIV shall have the full, unencumbered right to use, incorporate, and otherwise fully exercise and exploit such Feedback for any purpose commercial or otherwise, without notice, acknowledgement, or compensation to you. All names, logos, taglines, product and service names, designs, and slogans that appear on or in association with the LIV Software (the “Marks”) are trademarks of LIV or its affiliates or licensors. You may not use the Marks without our prior written consent. All other names, brands, and marks that may appear in association with the LIV Software remain the property of their respective owners and appear for identification purposes only.
4. Updates, Modifications and End of Life
We reserve the right to modify or discontinue the LIV Software (or any part thereof) at any time. This includes the right to add or remove features or functionality or cease to support the LIV Software in our sole discretion. You agree that we will not have any liability to you for the foregoing actions. If you object to any such changes, your sole recourse is to stop using the LIV Software. Continued use of the LIV Software after the date any such changes take effect constitutes your agreement to such changes.
This EULA is effective until terminated by you or us. LIV may terminate this EULA at any time, with or without notice to you in our sole discretion. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Upon termination for any reason, all rights granted to you under this EULA will also terminate, and you must cease use of the LIV Software and all related services. Termination shall not limit our rights or remedies at law or in equity.
6. Third-Party Services
If you use the LIV Software in conjunction with services and applications developed by a third party or that access data, content, or resources provided by a third party ("Third-Party Services"), you agree that you do so at your sole risk. You understand that all data, content or resources which you may access through such Third-Party Services are the sole responsibility of the party from which they originated and LIV shall not be liable for any loss or damages that you may experience as a result of the use of such Third-Party Services. To the extent you choose to use such Third-Party Services, you are solely responsible for compliance with any applicable laws. You should be aware that the data, content, and resources presented to you through such Third-Party Services may be protected by intellectual property rights which are owned by the third-party providers (or by their affiliates or licensors). You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the data content, or resources you may access through Third-Party Services unless you have been specifically given permission to do so by the relevant owners. You acknowledge that your use of such Third-Party Services may be subject to separate terms between you and the relevant third party. We reserve the right to make changes to the LIV Software which may alter, limit, or remove compatibility with any Third-Party Services at any time without notice or liability to you. If you are dissatisfied with any aspect of the LIV Software at any time, your sole and exclusive remedy is to cease using the LIV Software.
7. YouTube Integration
The following applies if you use the YouTube Live API integration (the “YouTube Integration”) created for and by LIV, including any new features that augment or enhance the YouTube Integration. By using the YouTube Integration in any manner, you agree (i) that you are 13 years or older, and (ii) you are bound by these Terms as well as YouTube’s Terms of Service, currently available at https://www.youtube.com/t/terms. You acknowledge that you are responsible for maintaining the security of your account and specifically your refresh token. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Abuse or excessively frequent requests to the YouTube Integration by modifying the integration code for your own use may result in temporary or permanent suspension of your access to the YouTube Integration. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the YouTube Integration (or any part thereof with or without notice to you. You may not duplicate, copy, or reuse any portion of the integration code or concepts without express written permission from us.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from your use of the YouTube Integration. Your use of the YouTube Integration is at your sole risk. The YouTube integration is provided on an “as is” and “as available” basis. We do not warrant that (i) the YouTube Integration will meet your specific requirements, (ii) the YouTube Integration will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the YouTube integration will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the YouTube Integration will meet your expectations, and (v) any errors in the YouTube Integration will be corrected. The failure to exercise or enforce any right or provision herein shall not constitute a waiver of such right or provision.
8. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LIV SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIV SOFTWARE AND ANY FUNCTIONALITY PERFORMED, PROVIDED, OR ENABLED BY THE LIV SOFTWARE ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LIV HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LIV SOFTWARE AND ANY RELATED UPDATES, SUPPLEMENTS, OR SUPPORT SERVICES FOR THE LIV SOFTWARE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF SECURITY, OF ACCESSIBILITY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIV OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LIV BE LIABLE FOR PERSONAL INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LIV SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGE, OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE. IN NO EVENT SHALL LIV’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You hereby agree to defend, indemnify, and hold LIV and its officers, directors, employees, agents and affiliates harmless from and against any damages, losses, liabilities, settlements and expenses (including costs and attorneys’ fees), arising from or in connection with the following: (i) your violation of applicable law(s) and/or regulations; (ii) your use of the LIV Software, or any part thereof, including uses in connection with Third-Party Services which violate the rights of any third party; and (iii) any violation or alleged violation of any term of this EULA or the Terms by you.
You may not use or otherwise export or re-export the LIV Software except as authorized by United States law and the laws of the jurisdiction in which the LIV Software was obtained. In particular, but without limitation, the LIV Software may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the LIV Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
12. Applicable Law
Except to the extent expressly provided in the following paragraph, this EULA and the relationship between you and LIV shall be governed by the laws of the State of California, excluding its conflicts of law provisions. Any legal action or proceeding arising under this EULA will be brought exclusively in the federal or state courts located in the City and County of San Francisco, California and the parties hereby irrevocably consent to personal jurisdiction and venue therein.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
13. Dispute Resolution - Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LIV. For any dispute with LIV arising from or related to the LIV Software, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that LIV has not been able to resolve a dispute it has with you after sixty (60) days, you and LIV agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this EULA, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco, California, unless you and Licensor agree otherwise. As an individual using the Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this EULA shall be deemed as preventing LIV from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of LIV’s data security, intellectual property rights, or other proprietary rights.
14. Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE LIV SOFTWARE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS YOU AND LICENSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND LIV ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
16. Limitation of Time to File Claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION, CLAIM OR DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE LIV SDK MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. Entire Agreement
This EULA is subject to modification or revision at any time by LIV in its sole discretion. Any modifications will be posted on the website and/or communicated by email or via other reasonable means. Your continued use of the LIV Software after posting of such modifications will constitute your acceptance of the modifications or revisions. We will not have any liability to you for any of the forgoing actions. If you object to any such changes, your sole recourse is to stop using the LIV Software. The date of the last revision is listed at the top of this EULA.
20. Contact Us
If you have comments or questions, please contact us at firstname.lastname@example.org