Last revision date: Jan 30th 2023
Please review these terms and conditions carefully.
These Terms of Service (“Terms”) form a legally binding agreement between LIV Inc. S.r.o. (“LIV”, “we”, “us”, and/or “our”) and you. LIV provides virtual reality (“VR”) capture tools and technology through our owned and operated websites, including https://www.liv.tv/ and https://liv.gg/ (the “Sites”), our VR content marketplace, available at https://store.liv.tv (“LIV Store”); our 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”); our PCVR and mobile applications (collectively, with the SKD, the “LIV Software”); and our related content, features, platforms, and other services (collectively, such services, including without limitation any new features and applications, the “Services”) subject to these Terms.
BY VISITING OUR SITES OR USING OR ACCESSING OUR SERVICES IN ANY MANNER, YOU ACCEPT (WHETHER ON BEHALF OF YOURSELF OF 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 THESE TERMS; (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 THESE TERMS PERSONALLY AND, IF APPLICABLE, ON BEHALF OF ANY ORGANIZATION OR MINOR ON WHOSE BEHALF YOU ARE ACTING. If you are unwilling or unable to be bound by these terms, navigate away from this page and do not use the Services in any way.
If you are a 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 our Services; and you must get your parent or legal guardian to read these Terms and agree to them for you. If you are a parent or legal guardian and you provide your consent to your child’s use of our Services, then you agree to be bound by these Terms with respect to your child’s use of the Services.
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 SECTIONS 14 - 16 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 THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, INCLUDING SECTIONS 14 - 16 AND HAVE TAKEN THE TIME AND SOUGHT ANY ASSISTANCE NEEDED TO COMPREHEND THE CONSEQUENCES OF ACCEPTING THESE TERMS.
1. Accessing the Services
We grant you permission to access and use the Services subject to the restrictions set out in these Terms. It is a condition of your use of the Services that any information you provide about yourself is accurate, current, and complete and that you maintain and promptly update such information to keep it accurate, current, and complete. We reserve the right, in our sole discretion, to refuse, suspend, or terminate your access to the Services upon discovery (or reasonable suspicion) that any information you have provided via the Services is not true, accurate, or complete, or otherwise violates these Terms.
To access certain portions of our Services or to use certain features, we may ask that you create an account. If you choose to create an account, except as otherwise required by applicable law, you are responsible for all activity that occurs via your account, whether or not authorized by you. It is your responsibility to maintain the confidentiality of your account and the information in your account. You may never use another person’s account and you may not provide another person with the credentials used to access your account. You must notify us immediately of an unauthorized use (or suspicion of unauthorized use) of your account credentials or your account, or any other breach of security related to your use of the Services. We will not be responsible for any liabilities, losses, or damages arising from or related to any unauthorized use of your account, regardless of whether you have notified us of such unauthorized use.
1.3. Acceptable Use.
You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to, and will not assist, encourage, or enable others to use our Services as follows:
- For any commercial purpose, except as expressly permitted under these Terms.
- For competitive analysis or to build competitive products.
- To violate any applicable national, regional, federal, state, local, or international law or regulation.
- In violation of these Terms or any other rules of policies posted by us on the Services.
- To reverse engineer any portion of the Services.
- To modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by LIV.
- To remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services.
- To record, process, harvest, collect, or mine information about other users.
- To access, retrieve, or index any portion of the Services for the purposes of constructing or populating a searchable database.
- To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.
- To use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature.
- To use the Services to violate the security of any computer network, crack passwords, or security encryption codes.
- To remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- To attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- To otherwise attempt to interfere with the proper working of the Services.
1.4. Suspension or Termination of Access.
If we determine (or reasonably believe) that you have breached the acceptable use terms set out in Section 1.3 above or (i) are using our Services for any unlawful purpose or deceptive purpose; (ii) pose a threat to us or our other users; or (iii) are violating the intellectual property rights of LIV or any third party, we reserve the right to suspend or permanently bar you from accessing our Services. We may further notify relevant third parties, including law enforcement as applicable. Unauthorized or other misuse of the Services may result in criminal and/or civil prosecution under federal, state, and local law or applicable regulations. If you become aware of misuse of our Services, please contact us at firstname.lastname@example.org.
2. LIV Coins
To enhance their experience, LIV offers users the opportunity to earn virtual currency (“LIV Coins”) which they can use to purchase VR content and LIV software enhancements in games or on the LIV Store. Such content may include without limitation (i) avatars, (ii) avatar cosmetics, clothing, and accessories; (iii) commission services, (iv) file conversions; (v) LIV plug-ins; and (vi) in-game experiences (collectively with LIV Coins, “Digital Content”). Digital Content may be used on the Services (and in some cases on third-party platforms or games).
2.2 Earning Rate; Eligibility
LIV Coins can be earned by completing certain activities, games, or challenges offered via or in connection with the Services. For instance, we may offer LIV Coins to reward you for creating content, using our PCVR and mobile apps, engaging in core mechanics we want to encourage, and in connection with our marketing and promotional activities outside the Services (including in connection with games and platforms owned and operated by third parties) (collectively the “Qualifying Activities”).
To earn LIV Coins, you must fulfill all eligibility criteria associated with the Qualifying Activity, and there must be sufficient LIV Coins remaining and available to claim. The rate at which LIV Coins are awarded for any particular Qualifying Activity (the “Earning Rate”) will be set by LIV in its sole discretion, and described in connection with the Qualifying Activity. Awards of LIV Coins are final and no refunds or substitutions will be made. Any particular Qualifying Activity or Earning Rate may be offered on a limited basis, and LIV reserves the right to change the Earning Rate at any time.
At any time, and for any reason, LIV may provide a bonus, preferential Earning Rate, or other consideration of Digital Content to some or all of its users (“Credits”). The amount and form of such Credits, and the decision to provide them, are at the sole and absolute discretion of LIV. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate LIV to provide Credits in the future, under any circumstances.
LIV reserves the right to cancel, suspend, and/or modify its practices with respect to awarding LIV Coins if any fraud, technical failures, or other factors impair the integrity or proper functioning of the Qualifying Activities, in its sole discretion. LIV further reserves the right to disqualify any individual found to be (i) manipulating the entry process or operation of any Qualifying Activity; (ii) violating these Terms; or (iii) acting in a dishonest, fraudulent, unsportsmanlike or disruptive manner. The preceding remedy in no way precludes LIV from taking legal or other actions against such individuals to protect its rights.
2.3. License to LIV Coins
LIV retains all right, title, and interest in and to LIV Coins. Subject to your compliance with these Terms, LIV hereby grants you a non-exclusive, non-transferable (except as expressly permitted herein), non-sublicensable, limited, revocable license to use LIV Coins which you have earned or otherwise lawfully acquired solely for your personal entertainment, in connection with the Services, and in the ways permitted by LIV in these Terms. If you close your LIV account or these Terms otherwise terminate, your license to use LIV Coins will end. We will not refund or otherwise compensate you for your unused LIV Coins. LIV does not recognize or accept responsibility for any third-party services that purport to allow individuals to sell, transfer, or otherwise use LIV Coins and any such use by a user is a violation of these Terms.
2.4 Not Legal Tender; No Intrinsic Value
YOU UNDERSTAND AND AGREE THAT LIV COINS MAY NOT BE REDEEMED FOR CASH OR FOR ANY TANGIBLE OR PHYSICAL ITEM. LIV COINS HAVE NO INHERENT OR INTRINSIC VALUE, ARE NOT LEGAL TENDER, AND ARE NOT BACKED BY ANY GOVERNMENT. YOU SHOULD NOT ACQUIRE LIV COINS WITH A VIEW TO INVESTMENT, RESALE, OR SPECULATION. From time to time, LIV may choose to accept LIV Coins as payment for certain features or services. Whether LIV Coins or any other Digital Content is accepted as a payment method by LIV is subject to change at any time in our sole discretion.
2.5. Reservation of Rights
LIV may restrict access to, delete, reduce, or liquidate LIV Coins (i) if you have misused the LIV Coins; (ii) if you have breached these Terms; (iii) if the LIV Coins were awarded in error; or (iv) if you have used LIV Coins to conduct any fraudulent or illegal activity. We may impose additional restrictions concerning the acquisition or redemption of LIV Coins. For instance, we may apply limits to the quantity of LIV Coins you can earn or have in your account at any one time. We may also do things that change the perceived value of LIV Coins, such as increasing the number of coins earned for a given Qualifying Activity.
AT ANY TIME, LIV MAY DECIDE TO DISCONTINUE ISSUING AND MAINTAINING LIV COINS. BEFORE WE DELETE UNUSED LIV COINS, WE WILL ENDEAVOR TO CONTACT YOU TO GIVE YOU A REASONABLE AMOUNT OF TIME TO REDEEM THEM.
3. Digital Content
3.1 Purchasing Digital Content
Individuals may purchase Digital Content via the LIV Store using either LIV Coins or fiat currency. To make purchases or donations using fiat currency (or “real money”), including to purchase virtual goods or audience-driven, in-game interactions with content creators, you must be over the age of 18 and will be required to provide a third-party payment processor with information such as your name, payment card details, and billing address in order to facilitate payment. You represent and warrant to LIV that such information is true and that you are authorized to use the payment instrument. You must promptly update such information to account for any changes such as a change in your billing address or credit card expiration date. All purchases are final and not refundable, except as required by law.
YOU UNDERSTAND AND AGREE THAT DIGITAL CONTENT MAY NOT BE REDEEMED FOR CASH OR FOR ANY TANGIBLE OR PHYSICAL ITEM. YOU SHOULD NOT ACQUIRE DIGITAL CONTENT WITH A VIEW TO INVESTMENT, RESALE, OR SPECULATION.THERE CAN BE NO ASSURANCE AS TO THEIR PRESENT OR FUTURE VALUE, TRANSFERABILITY, OR MARKETABILITY.
3.2. Purchasing Creative Services
Individuals may purchase creative services via the LIV Store, including the design and development of custom Digital Content, such as a custom-built avatar. Although LIV provides a platform to connect you with Digital Content creators, LIV makes no representations about the quality, completeness, timeliness, or viability of any creative services made available by third parties via the LIV Store. LIV does not direct or control Digital Content creators’ provision of creative services and such creators are independent individuals or entities, not employees, agents, joint venturers, or partners of LIV. LIV IS NOT RESPONSIBLE FOR ANY TERMS, CONDITIONS, DELIVERY SCHEDULE, DESIGN CHOICES, AND OTHER ASPECTS YOU AGREE TO WITH A DIGITAL CONTENT CREATOR VIA THE SERVICES.
3.3. License to Digital Content
Notwithstanding any use of the terms “purchase”, “buy”, “sell”, “order”, or similar terms and phrases, Digital Content you purchase in-game or via the LIV Store is licensed, not sold, and you do not obtain title to or any ownership interest in any Digital Content. When you earn or purchase Digital Content, including avatars; virtual cosmetics or accessories, and LIV plug-ins, you agree to adhere to the license terms applicable to that Digital Content, which will be provided to you prior to the point of purchase. Digital Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, re-published, displayed, sold, licensed, made available, or otherwise communicated to the public or exploited for any purposes except within the parameters set by the applicable license terms for that item of Digital Content or with the express written consent of the copyright owner.
LIV does not warrant that any description, illustration, photograph, pricing, or other information on the LIV Store is accurate, complete, reliable, current, or error-free. In the event of an error, whether in pricing, description, license terms, or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order.
3.5. Reservation of Rights
LIV reserves the right to restrict access to or delete Digital Content (i) if you have misused the Digital Content; (ii) if you have breached these Terms; (iii) if the Digital Content was purchased using LIV Coins that were awarded in error; or (iv) if a payment for Digital Content is charged back or otherwise cancelled or reversed. In addition, Digital Content may expire per the license terms applicable thereto or be extinguished in the course of your use of the Services. LIV may change the purchase price or purchase unit for Digital Content at any time – with or without notice to you. The price you will be charged for any Digital Content is the price displayed on the final purchase confirmation screen displayed in the Service. The existence of a particular item of Digital Content, such as a particular avatar is not a commitment by LIV to maintain or continue to make a particular item of Digital Content available in the future. LIV may change, discontinue, or modify Digital Content at any time without notifying you. You understand and agree that as between you and LIV, LIV has the absolute right to manage, control, modify, and/or eliminate Digital Content offered for purchase via the LIV Store as it seems fit in its sole discretion.
4. Intellectual Property Rights
4.1. Services IP.
Intellectual property rights, titles, and interests in and to all text, images, graphics, logos, button icons, photographs, video and audio files, data associated with the Sites and any other portion of the Services and the selection, arrangement, structure, coordination, and “look and feel thereof” as well as the LIV name and logo (the “Services IP”) belong to LIV or its affiliates or licensors. Unless otherwise expressly authorized herein or by LIV in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload the Services IP or any portion thereof.
4.2. License to Services IP.
Subject to your compliance with these Terms, LIV grants to you a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to use the Services solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by LIV and its affiliates and licensors.
4.3. User-Generated Content.
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 Services (“User-Generated Content”), including, without limitation, all copyrights and rights of publicity contained therein. If you choose to submit or otherwise share User-Generated Content via the Services, you hereby grant LIV a perpetual, royalty-free, irrevocable, transferable, fully paid, non-exclusive, worldwide, fully sublicensable right and license to use, copy, reproduce, republish, post, transmit, display, publish, publicly perform, translate, distribute, modify, remove, and create derivative works from and otherwise use your User-Generated Content in connection with our business and in all forms now known or hereafter invented (“Uses”) without notification to or approval by you. You further grant LIV the same license to use your display name, any photographs you submit, and any other account profile information to attribute your User-Generated Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other users of LIV’s Services to access and use your User-Generated Content as permitted through the functionality of the Services. You waive in favor of LIV and its successors and assigns all moral rights you may have in such User-Generated Content. In the interest of clarity, the license granted herein to LIV shall survive termination (for any reason) of these Terms, the Services, or your account, subject to certain rights you may have under applicable law to the extent such User-Generated Content includes personal data. You hereby represent and warrant that you are the owner of, or otherwise have all necessary rights in and to any User-Generated Content you submit via the Services that that such content when displayed or otherwise used by us (i) will not infringe any proprietary, copyright, trademark, trade secret, privacy right, right of publicity, or other rights of any third party; (b) does not contain any material that is false, intentionally misleading or defamatory, (c) does not contain any material that is unlawful or does not otherwise violate any law or regulation; and (d) does not violate these Terms or any other community guidelines or rules of conduct we may issue from time to time.
4.4. Complaints and Copyright Takedown Requests.
If you believe your intellectual property is being violated via our Services, please submit a complaint and request for takedown of specific material to email@example.com. Be sure to provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Sites and the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please note that this procedure is exclusively for notifying LIV that your copyrighted material has been infringed. It may be advisable to contact an attorney regarding your rights and obligations under applicable laws. LIV reserves the right to limit access to the Sites or any other portion of the Services for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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 Services (“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 Services (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 Services remain the property of their respective owners and appear for identification purposes only.
6. Updates; Modifications
We reserve the right to modify or discontinue the Services (or any part thereof) at any time. This includes the right to add or remove features or functionality or cease to support any individual component of the Services 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 Services. Continued use of the Services after the date any such changes take effect constitutes your agreement to such changes.
These Terms are effective until terminated by you or us. LIV may terminate these Terms at any time, with or without notice to you in our sole discretion. Your rights under these Terms will terminate automatically if you fail to comply with any of the conditions herein. Upon termination for any reason, all rights granted to you under these Terms will also terminate, and you must cease use of the Services. Termination shall not limit our rights or remedies at law or in equity.
8. Links to Other Websites and Third-Party Content
9. 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 lost 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.
10. Consent to Receive Communications in Electronic Form
For all notices and communications relating to these Terms, you (i) consent to receive communications from us in electronic form via any email you may provide; and (ii) agree that these Terms (including all updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, if you provide one, to send you other messages, including to (i) respond to your requests, inquiries, comments, and suggestions; and (ii) to communicate with you about products, services, offers, promotions, and events we offer and provide news and information we think will be of interest to you. You can opt out of receiving our promotional communications at any time by following the instructions included in those communications or by contacting us at firstname.lastname@example.org.
11. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL SERVICES IP AND DIGITAL CONTENT MADE AVAILABLE VIA THE SITES OR OTHER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LIV HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND DIGITAL CONTENT, 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.
WE ALSO MAKE NO GUARANTEE THAT THE SERVICES OR ANY DIGITAL CONTENT WILL WORK WITH OR CAN BE ACCESSED ON ANY PARTICULAR DEVICES, PLATFORMS, OPERATING SYSTEMS OR EQUIPMENT, OR IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR CONNECTIVITY SERVICES.
WE DO NOT CONTROL, ENDORSE, OR WARRANT THE CONDUCT, PERFORMANCE, OR QUALITY OF ANY DIGITAL CONTENT CREATOR OFFERING CREATIVE SERVICES VIA THE LIV STORE. WE DO NOT AND CANNOT GURANTEE THE (I) QUALITY, SUITABILITY, OR LEGALITY OF ANY CREATIVE SERVICES, OR (II) THE ACCURACY OF ANY DESCRIPTIONS OR OTHER CONTENT PROVIDED BY DIGITAL CONTENT CREATORS IN CONNECTION WITH OFFERS OF CREATIVE SERVICES.
12. 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 SERVICES OR ANY DIGITAL CONTENT 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. LIV ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICES INTEGRATED IN, LINKED TO, OR OTHERWISE ACCESSIBLE THROUGH THE SERVICES. LIV CANNOT AND DOES NOT REPRESENT OR WARRANT THE SERVICES OR ANY DIGITAL CONTENT OFFERED THEREON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ANY DIGITAL CONTENT YOU ACQUIRE VIA THE SERVICES. LIV WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR MALFUNCTION OF THE SERVICES OR ANY DIGITAL CONTENT, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MIS-TYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) UNAUTHORIZED ACCESS TO APPLICATIONS; (IV) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST LIV. LIV IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING OR PURCHASE OR USE OF DIGITAL CONTENT, INCLUDING LIV COINS.
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.
Some jurisdictions do not allow the foregoing limitations of liability. In such jurisdictions, LIV’s liability to you shall be limited to the lowest amount permitted by applicable law.
13. Waiver of Claims
You hereby agree that you will not assert and/or bring any cause of action, claim, and/or suit against LIV arising out of and/or related to (i) any claim that you own any Digital Content, (ii) any claim for the “value” of any Digital Content, (iii) any claim for loss of any “value” of any Digital Content arising out of and/or related to any acts or omissions of LIV that are permitted under these Terms or any other applicable terms and/or (iv) any claim that the “value” of any Digital Content has decreased as a result of any modification that LIV made to the Services or Digital Content.
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 Services 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 these Term by you.
You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services was obtained. In particular, but without limitation, the Services may not be exported or re-exported (i) into any U.S.-embargoed countries or (ii) 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 Services, 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.
16. Applicable Law
Except to the extent expressly provided in the following paragraph, these Terms 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 these 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
17. 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 Services, 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 these Terms, 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 LIV 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 these Terms 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.
18. Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE LIV SERVICES 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 LIV AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, 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.
19. Right to Opt Out of Arbitration
You may opt out of arbitration by notifying us in writing within thirty (30) days from the first date of your acceptance of these Terms. To opt out, you must send a written notification to us at LIV Inc. 4233 Old Capital Trl, Ste 700, Wilmington, DE 19808, USA, Attention: Legal, that includes the following information: (i) your name, (ii) your address, (iii) your telephone number, (iv) your email address, and (v) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the thirty (30) day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.
If any provision of these Terms is found to be 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 these Terms will continue in full force and effect.
21. 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 THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
23. Entire Agreement
These Terms are 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 Services 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 Services. The date of the last revision is listed at the top of these Terms.
25. Contact Us
If you have comments or questions or would like to report violations of these Terms, please contact us at firstname.lastname@example.org.