LIIV TERMS OF SERVICEINTRODUCTION; AGREEMENT TO THIS TERMS OF SERVICE
BEFORE USING ANY LIIV SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO LIIV SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS OF SERVICE, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS AND CONDITIONS OF SERVICE (COLLECTIVELY, THIS “AGREEMENT”), WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN CEASE USING LIIV SERVICES IMMEDIATELY.
THIS AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND LIIV. You may receive a copy of this Agreement by emailing us at: support@LIIVAPP.COM, Subject: Terms of Service Agreement.
To use the LIIV Service, you must become a member, in so doing you will have access to various services, some of which will enable you and other Users to interact with each other using the LIIV Services. LIIV Services include, but are not limited to the following
- Member/User Profiles
- Sharing Image and Video Files
AGE RESTRICTED ACCESS. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (OR TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE LIIV SERVICES.
AFFIRMATION OF CURRENT ADULT STATUS. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
IMPORTANT DISCLAIMER ABOUT LOCATION DATA.
LIIV SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR LIIV SERVICES COULD LEAD DIRECTLY OR INDIRECTLY TO DEATH, PERSONAL INJURY, OR PHYSICAL OR PROPERTY DAMAGE. LIIV IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY TYPE OF BUSINESS OR ENTERPRISE USE.
GUIDELINES; USAGE RULES; PROHIBITED CONDUCT & USES
LIIV’s guidelines for the use of the LIIV Services are available at http://LIIVAPP.COM/guidelines/ (the “Guidelines”). The Guidelines are hereby incorporated into this Agreement by reference. Please read the Guidelines carefully before using the LIIV Services, including without limitation, uploading or providing any photo, text, or links using the LIIV Services. The Guidelines are subject to change at any time for any reason, LIIV can require that you delete, or LIIV may delete, any User Submissions (as defined below) at any time for any reason, or no reason whatsoever. Any violation of the Guidelines by your User Submissions, as determined by LIIV, may result in your User Account being banned and lead to the termination of your access to LIIV Services.
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ENGAGE IN THE PROHIBITED ACTIVITIES AND USES LISTED BELOW:
Use LIIV Services or any location information displayed within LIIV Services to “stalk”, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other Users;
Use LIIV Services if you are under the age of eighteen (18) years old (or twenty-one (21) years old in places where eighteen (18) years old is not the age of majority);
Include offensive or pornographic materials or materials that are harmful to minors in your LIIV Services personal profile page;
Use LIIV Services for any commercial, non-private or non-personal use, it being explicitly understood that LIIV Services are for personal, non-commercial use only;
Use LIIV Services for any illegal purpose, or in violation of any local, state, provincial, national, federal or international law, including without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
Make unsolicited offers, advertisements, proposals, or send junk mail/communications, to other Users of LIIV Services, including without limitation, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access LIIV Services accounts of other Users;
Misrepresent the source, identity or content of information transmitted via LIIV Services;
Display LIIV Services, application or profile data on any external display, monitor or in any written form in any public setting;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of LIIV Services, features that prevent or restrict use or copying of any content accessible through LIIV Services, or features that enforce limitations on use of LIIV Services;
Intentionally interfere with or damage operation of LIIV Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
Post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
Use LIIV Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
Use LIIV Services in hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or LIIV Services could lead directly or indirectly to death, personal injury, or severe physical or property damage;
Attempt to gain unauthorized access to LIIV Services, or any part of LIIV Services, other User accounts, computer systems or networks connected to LIIV Services, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of LIIV Services or any activities conducted on LIIV Services; or
Use any robot, spider, scraper or other automated computer program or means to access LIIV Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to LIIV Services or modify the LIIV Services in any manner or form, nor to use modified versions of LIIV Services, including (without limitation) for the purpose of obtaining unauthorized access to LIIV Services.
USAGE; REFUSAL OR SUSPENSION OF SERVICE
You acknowledge that some of LIIV Services may be accessed by downloading LIIV Services to a mobile device, and that access to view your User Submissions may occur without the need to register an account. You are responsible for the security on the mobile device on which LIIV Services are installed. If you elect to use LIIV Services or register for an account with LIIV (“User Account”), you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your User Account login information and the security of your mobile device, and are fully responsible for all activities that occur under your User Account. You agree to immediately notify LIIV of any unauthorized use, or suspected unauthorized use of your User Account or any other breach of security. LIIV cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
LIIV RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF LIIV SERVICE, INCLUDING A USER’S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, LIIV ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO LIIV SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE.
You alone are responsible for your involvement with other Users. You agree that LIIV will not be responsible for any loss or damage incurred as the result of any such interactions. LIIV reserves the right, but has no obligation, to monitor disagreements between you and other Users.
LIIV does not control the content of User Accounts and profiles. LIIV has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the LIIV Services.
LIIV is not responsible for the conduct of any User. In no event shall LIIV, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the LIIV Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users or persons you meet through the LIIV Services. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the LIIV Services or meet in person, or if you decide to send money to another user. In addition, you agree to review and follow LIIV’s Safety Tips located in the LIIV Services, prior to using the LIIV Services. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users. You acknowledge that use of the LIIV Services is at your own risk. LIIV does not represent or endorse the accuracy or reliability of any member profile, statement or other information displayed, uploaded or distributed through the LIIV Services by LIIV, our partners or any User of the LIIV Services or any other person or entity. You acknowledge that any reliance upon any such member profile, statement or information shall be at your sole risk.
LIIV RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT LIIV CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. LIIV ALSO DOES NOT VERIFY THE STATEMENTS OF ITS USERS. LIIV MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
The LIIV Services are distributed on an "as is" basis. LIIV does not warrant that the LIIV Services will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the LIIV Services. Where permitted by law, you acknowledge that LIIV Services are provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You further acknowledge that we are not responsible for suspension of the LIIV Services, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the LIIV Services during the previous 12 months. We may discontinue or change the LIIV Services or its availability to you at any time and you may stop using the LIIV Services at any time.
You understand that when using LIIV Services you will be exposed to User Submissions from a variety of sources, and that LIIV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable.
LIIV assumes no responsibility whatsoever in connection with or arising from User Submissions. LIIV assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time LIIV chooses, in its sole discretion, to monitor User Submissions, LIIV nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, LIIV does not endorse and has no control over the content of User Submissions submitted by other Users. LIIV makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, LIIV reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
User Submissions are owned by the User who submitted them, subject to LIIV’s license to such User Submissions under this Agreement. User Submissions cannot be shared, displayed or duplicated by any other party other than the submitted User, except as permitted under this Agreement.
You hereby grant, and you represent and warrant that you have the right to grant, to LIIV an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Submissions, and to grant sublicenses of the foregoing, solely for the purposes of including your User Submissions in LIIV Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to LIIV, in connection with a sale of LIIV or the assets of LIIV, the right to sell or transfer the User Submissions to a third party.
If you provide LIIV any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to LIIV all rights in the Feedback and agree that LIIV shall have the right to use such Feedback and related information in any manner it deems appropriate. LIIV will treat any Feedback you provide to LIIV as non-confidential and non-proprietary. You agree that you will not submit to LIIV any information or ideas that you consider to be confidential or proprietary.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
LIIV Services may include links to other websites or services (“Third Party Websites”) solely as a convenience to Users. LIIV does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, LIIV makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through LIIV Services are solely between you and such advertiser. You agree that LIIV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on LIIV Services.
Parties other than LIIV may provide services or sell products via LIIV Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. LIIV does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
By your use of third party applications that connect with LIIV Services (“Third Party Applications”), you acknowledge and agree that LIIV may transmit User Submissions to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by those Third Party Websites or Third Party Applications. LIIV is not responsible for the transmission of the User Submissions from the LIIV Services to Third Party Websites or Third Party Applications, nor the use of the User Submissions on any Third Party Websites or Third Party Applications. You should review the terms of service and privacy policies of any Third Party Websites or Third Party Applications. LIIV is not responsible for and does not endorse any features, content, or other materials on or available from Third Party Websites or Third Party Applications. LIIV also does not screen, audit, or endorse Third Party Websites or Third Party Applications. Accordingly, if you decide to access Third Party Websites or Third Party Applications, you do so at your own risk and agree that your use of any Third Party Websites or Third Party Applications is on an “as-is” basis without any warranty as to the Third Party Websites or Third Party Applications actions, and that this Agreement does not apply to your use of any Third Party Websites or Third Party Applications.
You acknowledge and agree that LIIV may incorporate User Submission and location information for User Accounts from LIIV Services with third party information sources and third party application in the provisioning of LIIV Services.
LIIV and its licensees may publicly display advertisements and other information adjacent to your content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
END USER LICENSES
To use LIIV Software you must have a mobile device that is compatible with the LIIV Services. LIIV does not warrant that LIIV Services will be compatible with your mobile device.
Subject to the terms of this Agreement, LIIV hereby grants you a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of LIIV Software for one LIIV Services account on one mobile device owned or leased solely by you, for your personal, noncommercial use and (ii) use LIIV Services (other than LIIV Software) for your personal, noncommercial use.
You may not: (i) modify, disassemble, decompile or reverse engineer LIIV Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer LIIV Software to any third party or use LIIV Software to provide time sharing or similar services for any third party; (iii) make any copies of LIIV Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of LIIV Software, features that prevent or restrict use or copying of any content accessible through LIIV Software, or features that enforce limitations on use of LIIV Software; or (v) delete the copyright and other proprietary rights notices on LIIV Software.
You acknowledge that LIIV may from time to time issue upgraded versions of LIIV Software, and may automatically electronically upgrade the version of LIIV Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that LIIV will not be liable to you for any such modifications.
With respect to any open source or third-party code that may be incorporated in LIIV Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such open source software that is subject to the terms of the GNU General Public License.
The foregoing license grant under this Agreement is not a sale of LIIV Software or any copy thereof and LIIV or its third party partners or suppliers retain all right, title, and interest in LIIV Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. LIIV reserves all rights not expressly granted under this Agreement.
The name of this web site is a service mark of LIIV. No use of this mark shall be permitted except through the prior written authorization and permission of LIIV. All rights reserved.
You acknowledge and agree that the availability of LIIV Software is dependent on the third party from which you received LIIV Software, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between you and LIIV and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading LIIV Software from it. You agree to comply with, and your license to use LIIV Software is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.
You agree that LIIV, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account User Account you have with LIIV Services or your use of the LIIV Services or any portion thereof and remove and discard all or any part of your account User Account or any User Submission, at any time. You agree that any termination of your access to LIIV Services or any account User Account you may have or portion thereof may be effected without prior notice, and you agree that LIIV will not be liable to you or any third-party for any such termination. LIIV does not permit copyright infringing activities on LIIV Services, and reserves the right to terminate access to the LIIV Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies LIIV may have at law or in equity.
DISCLAIMERS; NO WARRANTIES
LIIV SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH LIIV SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. LIIV, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
LIIV AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN LIIV SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LIIV SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIIV AND ITS SUPPLIERS AND PARTNERS (INCLUDING LIIV’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER LIIV SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LIIV OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE LIIV SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF LIIV SERVICES AT YOUR OWN DISCRETION AND RISK.
CERTAIN PROVINCE, TERRITORY OR STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold LIIV (and its affiliated companies, contractors, employees, agents, suppliers, partners, officers and directors) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities including legal fees, brought by a third party arising out of or related to (a) your use or misuse of any location information or the other LIIV Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use of LIIV Services to meet another User in-person or to locate and attend any offline place or event. LIIV reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. In addition and without limiting the foregoing, you agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim
LIMITATION OF LIABILITY AND DAMAGES
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL LIIV (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE LIIV SERVICES; (C) LIIV SERVICES GENERALLY (INCLUDING THE LIIV SOFTWARE) OR SYSTEMS THAT MAKE THE LIIV SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH LIIV OR ANY OTHER USER OF THE LIIV SERVICES], EVEN IF LIIV OR A LIIV AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL LIIV’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION [ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF LIIV SERVICES] (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING LIIV SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.
APPLICABLE LAW IN YOUR PROVINCE, TERRITORY OR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE LIIV’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR PROVINCE, TERRITORY OR STATE.
BENEFIT OF THE BARGAIN.
You acknowledge and agree that LIIV has offered the LIIV Services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth above. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and LIIV, and that the warranty disclaimers and the limitations of liability set forth in this agreement form an essential basis of the bargain between you and LIIV. LIIV would not be able to provide LIIV Services to you on an economically reasonable basis without these limitations and disclaimers.
You hereby release and forever discharge us (and our officers, directors, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Submissions provided by, other Users or (2) any third party site, products, services, and links included on or accessed through LIIV Services.
PAYMENTS; CANCELLATION; FINAL SALE
Any and all payments made to LIIV for use and access to any LIIV Services and LIIV Software are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods. If you have an User Account set up for reoccurring billing, you may cancel your User Account at any time. You will continue to have the same access for any billing period or periods for which you have paid. If your profile content or your conduct within the LIIV Software or LIIV Services violates our Terms of Service, your access and account User Account may be immediately terminated and all payments forfeited. Prices are exclusive of applicable taxes, if any, including GST and HST. LIIV will charge and collect sales tax on any purchase made from a Canadian credit card, drawn on a Canadian account and/or from a Canadian location or address (default). A subscription for User Account is valid for either 30 days from the time of payment (one month package), 90 days (3 month package) or 180 days (6 month package) from the time of payment. Once purchased, and UNLESS CANCELLED, SUBSCRIPTIONS AUTOMATICALLY RENEW either for further 30-day periods, 90-day periods or 180-day periods, as the case may be, and are charged to the credit card originally used to purchase the Subscription. Not all payment options or methods are available in all geographic areas.
We reserve the right at any time to charge fees for access to portions of LIIV Services, LIIV Software or the LIIV Services or LIIV Software as a whole.
MODIFICATION OF THIS AGREEMENT
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement (including the Guidelines) at any time by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on LIIV Service. Please check this Agreement (including the Guidelines) periodically for changes. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Your continued use of LIIV Services after our dispatching of an e-mail notice to you (if applicable) or the posting of any modifications or changes on LIIV Service constitutes your binding acceptance of such changes. For any material changes to this Agreement (including the Guidelines), you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after our dispatch of an e-mail notice to you (if applicable) or thirty (30) days after they are initially posted on LIIV Services. These changes will be effective immediately for new Users of LIIV Services.
OWNERSHIP; PROPRIETARY RIGHTS
LIIV Services are owned and operated by LIIV. LIIV Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the LIIV Software and LIIV Services (collectively, the “Materials”) are protected by Canadian intellectual property laws, including without limitation, Canadian copyright, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in LIIV Services are the property of LIIV or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on LIIV Services are proprietary to LIIV or its affiliates and/or third-party licensors. Except as expressly authorized by LIIV under this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
This Agreement is entered into in Ontario, Canada. You agree that it will be governed by the laws of the Province of Ontario. Subject to Section 19.2 of this Agreement, any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. You hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this Agreement shall prevent or restrict LIIV from seeking injunctive relief in a court of competent jurisdiction and obtaining such injunctive relief if granted, awarded or ordered. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la présente entente soit rédigée en anglais
If a dispute arises between you and LIIV, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with LIIV regarding the LIIV Service by emailing us at support@LIIVAPP.COM.
You and LIIV agree that we will resolve any claim or controversy at law or equity that arises out of or relates to this Agreement or LIIV Service (a “claim”) in accordance with this Section 18.1 of this Agreement. Notwithstanding anything to the contrary, for any claim where the total amount of the award sought is less than CDN $10,000, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims between you and LIIV must be resolved in accordance with this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed. Should you file a claim contrary to this Agreement, LIIV may recover reasonable legal fees and costs up to CDN $5,000, provided that LIIV has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim. Similarly, should LIIV file a claim contrary to this Agreement, you may recover attorneys’ fees and costs up to CDN $5,000, provided that you have notified LIIV in writing of the improperly filed claim, and LIIV fails to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
LIIV may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on LIIV Services.
This Agreement and any rights, obligations and/or licences granted hereunder, may not be transferred or assigned by you. LIIV may at any time, for any reason transfer or assign this agreement and the obligations contained in the Agreement to a third party, but may be assigned or transferred by LIIV without restriction. You hereby acknowledge and agree that if another company acquires our company, business, or our assets, that transaction may include a sale or transfer of your User Submissions and agree to such transfer without further action or confirmation.
Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification in this Agreement hereby survive any termination of this Agreement or any termination of your use of, or subscription to, LIIV Services.
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word including means including without limitation. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing and as provided for herein.
Claims. YOU AND LIIV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LIIV SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services hereunder are offered by LIIV GOLBAL INC. ………………………………………………….. Add company address on dotted line. General Inquiries: support@LIIVAPP.COM.
This Agreement is effective January 1, 2017.
APPLE APP STORE ADDITIONAL TERMS AND CONDITIONS
The following additional terms and conditions apply to you if you are using a LIIV Software from the Apple App Store.
To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 20, the more restrictive or conflicting terms and conditions in this Section 20 apply, but solely with respect to LIIV Software from the Apple App Store.
Acknowledgement: LIIV and you acknowledge that this Agreement is concluded between LIIV and you only, and not with Apple, and LIIV, not Apple, is solely responsible for LIIV Software and the content thereof. To the extent this Agreement provides for usage rules for LIIV Software that are less restrictive than the Usage Rules set forth for LIIV Software in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
Scope of Licence: The license granted to you for LIIV Software is limited to a non-transferable license to use LIIV Software on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support: LIIV is solely responsible for providing any maintenance and support services with respect to LIIV Software, as specified in this Agreement (if any), or as required under applicable law. LIIV and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to LIIV Software.
Warranty: LIIV is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of LIIV Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for LIIV Software to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to LIIV Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be LIIV’s sole responsibility.
Product Claims: LIIV and you acknowledge that LIIV, not Apple, is responsible for addressing any claims of you or any third party relating to LIIV Software or your possession and/or use of LIIV Software, including, but not limited to: (i) product liability claims; (ii) any claim that LIIV Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit LIIV’s liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: LIIV and you acknowledge that, in the event of any third party claim that LIIV Software or your possession and use of LIIV Software infringes that third party’s intellectual property rights, LIIV, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a Canadian Government or U.S Government embargo, or that has been designated by the Canadian Government or U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any Canadian Government or U.S. Government list of prohibited or restricted parties.
Developer Name and Address: LIIV’s contact information for any end-user questions, complaints or claims with respect to LIIV Software is set forth in Section 19.1.
Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using LIIV Software.
Third Party Beneficiary: LIIV and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.