Terms of Use

Last Updated: December 29, 2020

LIVLIVE and its related mobile applications, platforms and websites (the “Service”) are operated by LIVLIVE, LLC, an Arizona Limited Liability Company (“LIVLIVE,” “we,” “our,” or “us”).

Your use of LIVLIVE or access of any related website (the “Website”), including through a mobile application, is strictly contingent upon your agreeing to be bound by the following Terms of Use and any other terms and conditions that appear on the website or mobile application, (these Terms of Use are referred to as the “Agreement”). The Agreement applies whether or not you register or become a paying User of the Service. By accessing or using the Service, Website, mobile application, or any of its content, you agree that you have read this Agreement and if you fail to have read it properly, you are agreeing that you, to the maximum extent permitted by law, are waiving any rights, claims, or defenses arising from any failure to read or understand its terms. The term Website or Service is inclusive of any and all methods of accessing the service/website, regards of whether access was on a computer, a mobile device, or a mobile application.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT INCLUDES A JURY TRIAL WAIVER AND CLASS ACTION WAIVER, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE FOR ANY DISPUTES.

You should also read the livlivestream.com Privacy Policy https://livlivestream.com/privacy-policy/ which is incorporated by reference into this Agreement and is available on the Website or on the mobile application. If you do not agree to be bound by all of the terms of this Agreement, including the Privacy Policy, do not use the Website or the Service. You may contact us at info@livlivestream.com with any questions regarding this Agreement.

Acceptance of Terms.

    • This Agreement is a contract that establishes the legally binding terms you must accept to use the Website, Service, and/or to become a “User.” For purposes of this Agreement, the term “User” means a person who provides information to LIVLIVE on the Website or through the mobile application, and/or someone who participates in the Service in any manner, whether such person uses the Service as a free user, member, or a subscriber. For purposes of this Agreement, a User also includes a person who does not sign up or provide personal information, but who otherwise enters onto the site or uses the mobile application. You acknowledge and agree that the definition of Users may include User’s that participate and/or use other websites or mobile applications owned by LIVLIVE or its affiliates. Subject to the terms of a User’s subscription privileges, User of one website or mobile application may be able to view, use or communicate with Users from other LIVLIVE websites or mobile applications. This Agreement includes LIVLIVE’s (i) Privacy Policy, (ii) any Safety Suggestions, and (iii) terms disclosed and agreed to you when and if you purchase or accept additional features, products or services. There may also be State or Country specific terms and laws or special terms related to free trials, billing, promotions or discounts which will be disclosed and incorporated herein as applicable.
    • Modifications: This Agreement may be modified or amended at our sole discretion. Your continued use of the Service will require your acceptance of such modified terms and such terms become effective when we post on the Website or mobile application. The most recent version of these terms will be indicated on the Website at time of posting.
    • Contact and hard-copy of these terms: You may contact us in writing at:
      • LIVLIVE LLC, 1873 W. Canyon Way Chandler, AZ 85248.
      • If you would like to receive a copy of the most recent Terms of Use, please print a copy of these terms or mail a self-addressed, stamped envelope with enough postage to cover the return postage cost of approximately 22 pages of 8.5 x 11 inch paper to the address above, including a written request for such a copy. LIVLIVE reserves the right to limit the number of copies returned as is reasonable.
    • Consent to Terms and Withdrawal of Consent: Your use of the Service in any way establishes your consent to these terms and consent to receipt of these terms in electronic form as posted on the Website or in the mobile application. To withdraw your consent, you must cease using the Service and, if applicable, terminate your account.

Eligibility.

    • Age: You must be at least 18 years of age to access and use the Service. Persons under the age of 18 are strictly prohibited from accessing or using the Service unless their parent has consented in accordance with applicable law.
    • By using the Service, you represent that you have never been convicted or pled no contest to a sex crime or violent crime anywhere in the World and you are not required to be registered as a sex offender.
    • You represent and warrant that you have the mental capacity, legal rights and proper authority to agree to these terms and that you are capable of abiding by all of the terms and conditions contained herein.
    • You are solely responsible for using the Service in your respective legal jurisdiction with regards to any prohibitions related to the use of, or access to, such websites and you are solely responsible for knowing and complying with any laws or regulations related to your access to or use of the Service.

Account Registration, Usage Fees, and Refunds – Limitations on Damages.

    • To access and use the Service you must create an account (“Account”) by providing us with provide information such as your name, contact information, payment information [if applicable], emergency contact information, and additional information you may elect to provide. You may also have to name at least one Emergency Contact that will receive push notifications in accordance with the Service. You must provide accurate, current, and complete information during the registration process and keep your Account information up-to-date at all times. You agree that you are solely responsible for protecting your username and password from unauthorized use and all activity that occurs in association with your Account. We are not liable for any loss or damage caused by your failure to maintain the confidentiality of your Account credentials. Please contact us through the support section of livlivestream.com if you discover or suspect any security breach related to the Service or your Account.
    • Terms and conditions of registration for your Account may vary as indicated upon your registering to use the Service. In the event you pay to subscribe to pay-only features of the site, you agree to abide by any terms of such payment system.
    • Basic services may be available for use at no cost and such services are offered solely at our discretion and may be changed or discontinued at its sole discretion without liability to you. If you are a paid User, we may alter or amend the parameters of the terms of your service in conjunction with the specific terms for your level of service. If we discontinue a feature or features, or otherwise de-activate your account or multiple accounts or features of your Service, you agree that your damages are limited to a refund of no more than one month’s fees for such service(s). For instance, if we decide to eliminate a feature that costs $3.00 per month, in the middle of a billing period after which you have been billed that $3.00, you agree that your damages are capped at $3.00 of refund or $3.00 of account credit at our sole discretion.
    • For Users who use the free features available to them, you understand and agree that you may have limited or no access to various features that are available exclusively to paying Users and you are not entitled to any refunds or damages in the event your account is terminated for any reason.
    • The specific subscription policies that are disclosed to you when you pay to use the Service are incorporated hereto as a part of this Agreement. Absent special offers, you acknowledge and agree that if you are (i) not a subscriber, you will not be able to use all the features and services available within the Service, and (ii) non-subscribing Users will not be able to use the Service to communicate with you. A User profile (both paid subscribers and non-paid subscribers) may remain posted on the Service even if that User is not actively using the Service. You acknowledge that although a User’s profile may be viewed, you may not (even as a subscriber) be able to use the Service to communicate with that User if he or she is not then actively using the Service.

Service Availability.

    • The Service is designed for residents of the contiguous U.S., Alaska, and Hawaii, though some features of the Service may not work in areas outside the wireless service coverage area for the mobile device that the Service is installed on or in locations where no wireless network is available. LIVLIVE makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws of the United States, local laws, and regulations.
    • We are not responsible for factors that may affect availability of the Service that are beyond our control such as those relating to the mobile device itself. For example, the Service may not work if the mobile device doesn’t have sufficient battery life available to power the mobile device or if certain features, such as location services, on the mobile device are disabled or otherwise not functioning during use.
    • We may, without prior notice and at our sole discretion, change the Service, stop providing the Service, or features of the Service to you or to Users generally, or create usage limits for the Service. Notwithstanding the foregoing, solely as it relates to premium safety features, we will endeavor to take reasonable steps to notify Users prior to discontinuing such features. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.

Restrictions.

In addition to any other restrictions set forth in this Agreement, you agree not to engage in, attempt to engage in, or permit or assist others in engaging in, any of the following prohibited activities: (i) use any software, script, code, device, crawler, robot, or other means not provided by us to access the Service; (ii) circumvent, disable, or otherwise interfere with security-related features on the Service; (iii) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service; (iv) access or use the Service in any manner that may damage, disable, unduly burden, or impair any part of the Service, or any servers or networks connected to the Service; (v) post information or interact with the Service in in a manner which is fraudulent, libelous, abusive, obscene, profane, harassing, or illegal; (vi) use the Service for any illegal purpose or in violation of any law, statute, rule, permit, ordinance or regulation; (vii) gain or attempt to gain unauthorized access to the Service; (viii) interfere or attempt to interfere with the Service provided to any User or network, including, without limitation, via means of submitting a virus to the Service, spamming, crashing, or otherwise; (ix) engage in commercial use or distribution of the Service, or copy or create any derivative work of the Service; (x) use the Service in any way that infringes or misappropriates any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; or (xi) use your Account or the Service for the benefit of any third party.

  • Limited License Grant.
  • Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service.
  • All data, text, images, logos, software, content, and other information and content available on or through the Service (“Company Material”), is the property of Company. The Company Material is protected by copyright, trademark, and/or other intellectual property laws and you acknowledge and agree that we retain all right, title, and interest in and to the Company Material. Except as expressly stated in this Agreement, you may not sell, transfer, alter, reproduce, distribute, republish, download, display, post, or transmit any Company Material, in whole or in part, by any means.
  • You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service will be LIVLIVE’s sole and exclusive property and you hereby irrevocably assign to us all of your right, title, and interest in and to all feedback, comments, or suggestions. Any data that we generate from your usage of the Service will be owned by us and handled subject to the terms of our Privacy Policy, as applicable.
  • Service Features.
    • Emergency Contacts – If you use the Service, we may share at least a portion of the information associated with your Account or a geographic location with named emergency contacts provided by you (collectively, “Emergency Contacts”). An Emergency Contact is a third party identified in the User Account that will be notified by the Service if the User does not reply to the check-in notification system.

You understand and agree that once the content of your Account is made available to one or more Emergency Contacts, it may be transmitted or otherwise made accessible through unsecured communications. You understand and agree and hereby authorize us to release and disclose your Account information, including any User Content, to Emergency Contacts as necessary in connection with the Service. You should only select the personal information you want Emergency Contacts to have access to when contacted by the Service.

    • Emergency Responders – If you use our Service, we may share information with relevant public safety authorities, such as police, fire, or EMS (collectively, “Emergency Responders”). You understand and agree that once the content of your Account is made available to Emergency Responders, it may be transmitted or otherwise made accessible through unsecured communications as part of the information disseminated to or by Emergency Responders responding to an emergency. You further understand that the content of your Account may be stored as part of a public record associated with an emergency call if required by local statutes. You understand and agree and hereby authorize us to release and disclose your Account information, including any User Content, to Emergency Responders as necessary in connection with the Service. You should only provide the information you want Emergency Responders to have access to when contacted by the Service.
    • Location Information – ‍The Service includes location information features that collect location information about you. These features may not work for certain reasons, such as if the device and corresponding settings to allow the collection and sharing of location information are not enabled or if the device is not connected to a wi-fi, cellular, or other mobile communication network. If you use features designed to collect and share location information, the Service will periodically access and collect information about your device and location (such information will belong to LIVLIVE under this Agreement). By using the features designed to collect and share information, you represent and warrant that you have consented to use the Service and to allow it to access and collect such information.

Term and Termination.

    • This Agreement will remain in full force and effect while you use the Service and/or are a User and any terms intended to survive after your termination of use of the Service still apply.
    • To change or cancel your account, which you may do at any time for any reason, follow the instructions pertaining to changing or canceling your account in the “Settings” page on the Website.
    • You can also cancel or change your account by sending LIVLIVE a written request to the address listed in the Notices section of these terms and conditions. Include your account/user name, email, and details regarding what you would like us to do. We will take such actions within a reasonable amount of time after receiving any such requests. In the event you cancel an account or feature of a membership that has a set term, such as a monthly cost for use of certain message features, your cancellation of such services will expire at the end of the most recent term period for which you subscribed and no partial refunds will be issued.
    • Canceling certain features of your subscription will not automatically delete or otherwise cancel your overall account to the site nor will it hide your profile. You will continue to be a User and visible to others on the site unless you specifically enter into your profile settings and elect to hide your profile.
    • Only canceling your account will remove your profile entirely.
    • We may terminate or suspend your account or features of your account at its sole discretion without notice, subject to the terms herein. Engaging in prohibited conduct or otherwise breaching the terms of this Agreement, such as using the site to advertise without permission, harassment of users, posting of offensive or confidential information may result in a permanent ban from use of the Services at any time without notice. If your account is terminated due to breach of this Agreement or engaging in prohibited conduct, you will NOT be entitled to any refund whatsoever. Further, you agree to indemnify and defend LIVLIVE for any claims made by third-parties for your posting of content using the service. You agree that LIVLIVE is not required to disclose the reasons for your termination or suspension of your account unless required to do so by a Court of Competent jurisdiction.
    • If your account or subscription is terminated for any reason, all terms of this Agreement that are intended to survive will continue to be in full force and effect.

Non-commercial Use by Users.

The Service is for personal use only. Users may not engage in any unauthorized commercial uses of the Service, including for gathering data or direct or indirect advertising to the Users. Additional prohibited uses include soliciting others to attend commercial functions, raising money for any reason, or to steer users to another site or service. Non-persons, such as businesses, academic institutions or charitable organizations may not use the site to solicit or contact users without the express written permission of an authorized representative of LIVLIVE. Violations of this clause may result in legal action being taken against the person or entities violating these provisions, and you agree that we may seek all available damages and remedies, including punitive damages and equitable remedies against such parties. We reserve all rights in relation to enforcing this provision and any election by us to not take action against a specific breach DOES NOT constitute a waiver to take future action against any prohibited conduct, including the specific breach resulting in giving rise to a claim by LIVLIVE.

Express Reservation of Intellectual Property Rights.

LIVLIVE owns and retains all legal rights to the Website, mobile application, and the Service, including all rights to all content, photos, images, logos, patent, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website, mobile application, and the Service contain copyrighted material, trademarks, and other intellectual property of LIVLIVE and its licensors. You agree not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website, the mobile application, or otherwise through the Service, without first obtaining our prior written consent or, if such property is not owned by us, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Customer Service.

LIVLIVE provides Customer Service as a courtesy to Users, and as such, you agree to be courteous and patient when communicating with customer service representatives. Any conduct that is reasonably considered to be harassing or inappropriate in your communications with the us may result, at our sole discretion, in suspension or termination of your use of the Service.

Any communications between you and LIVLIVE may be recorded or otherwise preserved for quality assurance purposes and you give us the unfettered right to use such communications as the we see fit.

Payment and Billing.

    • For Users accessing paid services or subscriptions, you give LIVLIVE the right to use and transmit your billing information for such purposes. You agree that we may, pursuant to the terms presented to you during the enrollment or sign-up process, charge your account, credit card, debit card, PayPal account, Venmo account, or any other such similar account that you have provided to LIVLIVE for the agreed upon costs required to provide you with the Services
    • You understand and agree that LIVLIVE does and may continue to use a third-party payment gateway or processor to process payments and billing information, and that as part of the process, we share your billing information and related data with the payment processor.
    • By signing up to use pay features of the Service, you are expressly authorizing us to charge your payment provider using the payment method you selected for the service charges you selected, and you understand and agree that such charges will continue until you specifically cancel such charges using the appropriate method provided on the Website or in the mobile application for cancelling such charges.
    • You agree that we may correct any billing mistakes and that the our liability for any billing mistakes is limited to a refund of any charges made in error to your account.
    • The terms of any charges made by LIVLIVE may be subject also to terms or agreements between you and the financial institution, credit card issuer or provider of your chosen payment method. If you initiate a chargeback or otherwise reverse a payment made to us, we may suspend or terminate your account and dispute the reversal, and you will not be entitled to a refund if we are successful in its dispute.
    • Your enrollment for any pay features will continue indefinitely until cancelled by you and any related recurring charges will not be subject to a refund if failed to cancel such charges. You understand and agree that your account will be subject to this automatic renewal feature if and when you enroll in pay for use services.
    • When you enroll in any pay for use services, you agree that we may include charges for any sales tax or related governmental assessments.
    • In the event your payment method ceases to permit charges for any reason, and your account features are therefore disabled, you understand and agree that you are solely responsible for updating such information and that your account will remain suspended until either terminated or until such information is provided to keep your account in good standing.
    • You are solely responsible for maintaining your billing account information and making sure it is accurate. If you believe for any reason that your payment information has been compromised, lost, or stolen, please contact us or provide new billing information and delete your old information.

Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.

Users are not permitted and are expressly prohibited from posting, reproducing or any other unauthorized use of any copyrighted material, trademarks, or other proprietary information on the Website, on the mobile application, or otherwise through the Service without first obtaining the prior written consent of the owner of such proprietary rights.

If you believe that your intellectual property has been used in any unauthorized way, please submit via the Notice clause contained herein a written explanation of your allegation of misuse, and include the following information:

    • Your name, contact information, the name and contact information for the copyright or rights holder if other than yourself, and the name and contact information of any other person, agent, or attorney authorized to act on behalf of the copyright or rights holder.
    • A description of the work that you claim has been infringed
    • A description of where on the Website, mobile application, or the Service where the disputed content has been placed.
    • A statement, signed by you electronically or in writing, under penalty of perjury, stating that you have a good faith belief that the disputed use of the content is unauthorized and that you are authorized to make a claim on behalf of the rights’ holder.

LIVLIVE will use is best efforts to respond to all submissions in a timely manner.

Communications from LIVLIVE.

By using the Service, you agree that we can communicate with via email for any and all purposes, including commercial offers, promotions or special offers from us or third-party partners. Please see our Privacy Policy https://livlivestream.com/privacy-policy/ for more information regarding these communications. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.

Disclaimers.

    • You agree that the LIVLIVE and its agents or assigns, are not responsible for, nor have any liability to you for any incorrect or inaccurate content provided on the Website(s) or via the Services provided by us except as otherwise specified in this Agreement.
    • You agree that we will not have any liability to you for damages resulting from any interruption of Service, or lack of timeliness, deletion, or removal of any Content or Features on the Website, the mobile application, or of the Service.
    • You agree that we will not have any liability to you resulting from the failure of an named Emergency Contact to respond to any notifications sent to them through the Service.
    • You agree that, other than a refund for any actual unauthorized charges made to you in error, LIVLIVE has no other liability to you for any unauthorized access to your information originating from our operations of the Service, mobile application, or Website. If any unauthorized access to your account results from your conduct, equipment, or internet access, you are solely responsible for any resulting damage or associated costs.
    • TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LIVLIVE PROVIDES ITS MOBILE APPLICATION, WEBSITE(S), AND ITS SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT AND FUNCATIONALITY CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LIVLIVE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, MOBILE APPLICATION, OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS SERVICE, MOBILE APPLICATION, OR WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
    • We may create test profiles for the purpose of testing the functionality of the Service.
    • We may permit third-party advertisers to post content on or to use the Service. All such content is the sole responsibility of the third-party providing the content, and we make no representations or warranties with regards to the quality of any product or service offered thereby. You agree that we bear no liability and make no guarantees whatsoever for your use of any product or service offered by the third-parties and you are solely responsible for conducting research and due-diligence before contracting with or obtaining any product or service from such third-parties. LIVLIVE will not be liable under any circumstances for your reliance upon any content or information posted by third-parties. If you have any issue with any advertiser or third-party, please contact them directly to resolve any issues.
    • Any content, including any advice, opinions or information are provided for informational and entertainment purposes only and should not be relied upon for anything other than entertainment purposes. You agree that any reliance upon such information for any purpose other than entertainment is at your own risk.
    • LIVLIVE may, on a select basis at its own discretion, release all or part of the information (other than billing information) you provided to us for advertising purposes.
    • If you live in a state that do not allow for the disclaimer of certain warranties, the disclaimers above may not apply to you.

Links.

You agree that LIVLIVE is not responsible for the contents of any third-party websites or links and does not endorse and is not responsible for the content of any third-party content whatsoever. If you feel that any third-party is violating the Terms of Use through any content it places on the Website or through the Service, please notify us in writing and specify who you feel is violating the terms, what the offensive content consists of and where the prohibited content has been placed.

You agree that any dealings with any third-parties you meet via the Service are entirely between you and the third-party and that we have no liability, directly or indirectly for any damage or loss allegedly created or caused by your interaction with those third-parties.

Alerts and Notifications.

By entering into this Agreement or using the Service, you agree to receive communications from us, including e-mails, SMS, MMS, text messages, alerts, postings to the Website and mobile application, and other electronic communications. Standard message and data rates apply to all messages sent to or received from us. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

Limitation on Liability and Your Waiver of Statute of Limitations.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL LIVLIVE, ITS AGENTS, ASSIGNS, AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIVLIVE FOR ANY SERVICES. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Dispute Resolution.

    • You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations with LIVLIVE, which will be a precondition to either party initiating arbitration. If the parties do not reach an agreed upon solution within thirty (30) days from the time the informal dispute resolution is pursued, then either party may initiate binding arbitration as detailed below.
    • By using the Service in any manner, you agree to arbitrate any disputes between you and LIVLIVE that cannot be settled under the informal process described above. By doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to make or defend any claims between you and LIVLIVE (except for matters that may be taken to small-claims court as described below).The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service will be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules in effect at the time any claims is brought. The only exception to the exclusivity of arbitration is that you have the right to bring an individual claim against LIVLIVE in a small-claims court of competent jurisdiction. Regardless of whether you choose arbitration or small-claims court, you agree that you will NOT under any circumstances commence or maintain against LIVLIVE any class action, class arbitration, or other representative action or proceeding.
    • TO BE CLEAR, BY USING ANY SITE(S) OR SERVICE(S) OF LIVLIVE, YOU 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. The arbitrator will 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 often more streamlined than trials or other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. The procedures and rules of the Federal Arbitration Act, 9 U.S.C. § 1, et seq. shall exclusively govern the interpretation and enforcement of any arbitration. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
    • Jurisdiction: Any proceeding to enforce this arbitration agreement may be commenced in any court of competent jurisdiction. This includes any proceeding to confirm, modify, or vacate an arbitration award. If this arbitration agreement is found to be unenforceable for any reason, any litigation against LIVLIVE (except for small-claims court actions) may be commenced only in the federal or state courts located in Maricopa County, Arizona. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
    • Choice of Laws: This Agreement, and any dispute between you and LIVLIVE, will be governed by the laws of the state of Arizona without regard to principles of conflicts of law, provided that this arbitration agreement will be governed by the Federal Arbitration Act.

Your Indemnification of LIVLIVE.

You agree to indemnify and hold LIVLIVE, its agents, assigns, subsidiaries, and affiliates, and their officers, partners and employees, harmless from any loss, liability, claim, damages or demands, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post that result from your use of the Service, and/or the violation of any law or regulation by you. LIVLIVE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with LIVLIVE in connection therewith.

Entire Agreement.

This Agreement, along with the Privacy Policy and any other written notices, rules, specifications or terms posted for any specific features or services offered to you contains the entire agreement between you and LIVLIVE regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue to be in full force and effect and this Agreement should then be read as if that term never existed, unless such a reading would render this Agreement void, in which case the Arbitrator or Judge may apply the most reasonable interpretation for a fair resolution of the issue to the topic of such deleted term, without bias towards the drafter. You agree that the failure of LIVLIVE to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. You agree that your online account is non-transferable and any rights to your profile and/or the contents of your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind LIVLIVE in any manner.

State Specific Terms.

The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:

You, the buyer (User), may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer (User), are canceling this agreement, or words of similar effect. This notice must be sent to: LIVLIVE, LLC, Attn: Cancellations, 1873 W. Canyon Way Chandler, AZ 85248, USA (in addition, California and Ohio users may email us at info@livlivestream.com. Please include your username and email address in any correspondence or your refund may be delayed. If you cancel, we return, within ten (10) days of the date on which you give notice of cancellation and such notice is received by us, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such initial three-day period, we will refund the full amount of your subscription.

In the event that you die before the end of your subscription period, your estate will 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 the services) before the end of any subscription period, you will 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 LIVLIVE notice.

Please contact us at info@livlivestream.com with any questions regarding this agreement.

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