Terms Of Service
Last Updated: August 19, 2020
Please read these Terms of Service (the “Agreement”) carefully. Your use
of the Service (as defined below) constitutes your consent to this
Agreement.
This Agreement is between you and InLive, Inc. (“we” or “us”) concerning
your use of our website currently located at in.live (the “Site”), and
our mobile app (the “App”). The Site and App are collectively referred
to as the “Service.” This Agreement hereby incorporates by this
reference any additional terms and conditions posted by us through the
Service, or otherwise made available to you by us.
BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO
THIS AGREEMENT, OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR
GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.
IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SERVICE ON BEHALF OF, OR
FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR ANY
GROUP OF OTHER INDIVIDUALS (E.G., A BAND) WITH WHICH YOU ARE ASSOCIATED
(AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF
OF YOURSELF AND THAT ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT
YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION TO THIS
AGREEMENT. References to “you” and “your” in this Agreement will refer
to both the individual using the Service and to any such Organization.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS
FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION
ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR
ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
1. Changes. We may change this Agreement from time to
time by notifying you of the changes by any reasonable means, including
by posting a revised Agreement through the Service. Any such changes
will not apply to any dispute between you and us arising before the date
on which we posted the revised Agreement incorporating the changes, or
otherwise notified you of the changes.
Your use of the Service following any changes to this Agreement will
constitute your acceptance of the changes. The “Last Updated” legend
above indicates when this Agreement was last changed. We may, at any
time and without liability, modify or discontinue all or part of the
Service (including access to the Service via any third-party links);
charge, modify or waive any fees required to use the Service; or offer
opportunities to some or all Service users.
2. Information Submitted Through the Service. Your
submission of information through the Service is governed by our Privacy
Policy, located at
https://in.live/privacy
(the “Privacy Policy”). You represent and warrant that any information
you provide in connection with the Service is and will remain accurate
and complete, and that you will maintain and update such information as
needed.
3. Jurisdictional Issues. The Service is controlled or
operated (or both) from the United States, and is not intended to
subject us to any non-U.S. jurisdiction or law. The Service may not be
appropriate or available for use in some non-U.S. jurisdictions. Any use
of the Service is at your own risk, and you must comply with all
applicable laws, rules and regulations in doing so. We may limit the
Service’s availability at any time, in whole or in part, to any person,
geographic area or jurisdiction that we choose.
4. Rules of Conduct. In connection with the Service,
you must not:
-
Post, transmit or otherwise make available through or in connection
with the Service any materials that are or may be: (a) threatening,
harassing, degrading, hateful or intimidating, or otherwise fail to
respect the rights and dignity of others; (b) defamatory, libelous,
fraudulent or otherwise tortious; (c) obscene, indecent,
pornographic or otherwise objectionable; or (d) protected by
copyright, trademark, trade secret, right of publicity or privacy or
any other proprietary right, without the express prior written
consent of the applicable owner.
-
Post, transmit or otherwise make available through or in connection
with the Service any virus, worm, Trojan horse, Easter egg, time
bomb, spyware or other computer code, file or program that is or is
potentially harmful or invasive or intended to damage or hijack the
operation of, or to monitor the use of, any hardware, software or
equipment (each, a “Virus”).
-
Use the Service for any commercial purpose, or for any purpose that
is fraudulent or otherwise tortious or unlawful.
-
Falsely state or imply that you are associated with us or another
person or group.
- Harvest or collect information about users of the Service.
-
Interfere with or disrupt the operation of the Service or the
servers or networks used to make the Service available, including by
hacking or defacing any portion of the Service; or violate any
requirement, procedure or policy of those servers or networks.
- Restrict or inhibit any other person from using the Service.
-
Reproduce, modify, adapt, translate, create derivative works of,
sell, rent, lease, loan, timeshare, distribute or otherwise exploit
any portion of (or any use of) the Service except as expressly
authorized herein, without our express prior written consent.
-
Reverse engineer, decompile or disassemble any portion of the
Service, except where such restriction is expressly prohibited by
applicable law.
-
Remove any copyright, trademark or other proprietary rights notice
from the Service.
-
Frame or mirror any portion of the Service, or otherwise incorporate
any portion of the Service into any product or service, without our
express prior written consent.
- Systematically download and store Service content.
-
Use any robot, spider, site search/retrieval application or other
manual or automatic device to retrieve, index, “scrape,” “data mine”
or otherwise gather Service content, or reproduce or circumvent the
navigational structure or presentation of the Service, without our
express prior written consent. Notwithstanding the foregoing, and
subject to compliance with any instructions posted in the robots.txt
file located in the Service’s root directory, we grant to the
operators of public search engines permission to use spiders to copy
materials from the Service for the sole purpose of (and solely to
the extent necessary for) creating publicly available, searchable
indices of such materials, but not caches or archives of such
materials. We reserve the right to revoke such permission either
generally or in specific cases, at any time and without notice.
In addition, you must always treat other users of the Service with
courtesy and respect. Please remember that when using the Service, you
may be reaching a diverse and international audience, with different
standards and customs, and things that do not seem abusive, obscene,
offensive or otherwise objectionable to you may seem so to others.
5. Products. The Service may make available certain
goods and services, including access to live or recorded digital
entertainment content, or physical goods such as concert merchandise,
and including tokens or similar items that may be redeemable for certain
goods or services (collectively, “Products”). Products may be made
available by us, by other users of the Service, or by other third
parties. The availability through the Site of any Product does not imply
our endorsement of the Product, or our affiliation with the provider of
the Product. We make no representations as to the completeness,
accuracy, reliability, validity or timeliness of any Product listings,
descriptions or images (including any applicable features,
specifications and prices). Such information and the availability of any
Product, including any related coupon or discount, are subject to change
at any time without notice. For example, certain entertainment content
may not occur as described. Certain measures and similar descriptions
and images (e.g., clothing sizes and colors) are approximate and for
convenience only. It is your responsibility to ascertain and obey all
applicable local, state, federal and foreign laws regarding the
purchase, possession and use of any Product.
If you wish to purchase or otherwise obtain any Products through the
Service (a “Transaction”), you may be asked to supply certain
information, such as your payment card number and its expiration date,
your billing address and your shipping information. YOU REPRESENT AND
WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARD THAT YOU SUBMIT
IN CONNECTION WITH A TRANSACTION. By submitting such information, you
grant to us the right to provide the information to third parties for
purposes of facilitating Transactions. Verification may be required
before the acknowledgment or completion of any Transaction.
We reserve the right, including without prior notice, to limit the
available quantity of (or discontinue making available) any Product; to
impose conditions on any coupon, discount or similar promotion; to bar
any user from making any Transaction; and to refuse to provide any user
with any Product. You acknowledge that any tokens or other similar items
available as Products are non-refundable and not redeemable for cash.
Any refunds and exchanges for Products will be subject to our
discretion. You agree to pay all charges incurred by you or on your
behalf through the Service, at the prices in effect when the charges are
incurred, including all shipping and handling charges. You are
responsible for any taxes applicable to your Transactions. An electronic
order confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell any Product. Physical Products will be
shipped to an address designated by you, so long as the address is
complete and complies with the applicable shipping restrictions. All
Transactions for physical Products are made pursuant to a shipment
contract and, as a result, risk of loss and title for those Products
pass to you upon delivery of the Products to the carrier. You are
responsible for filing any claims with carriers for damaged and/or lost
shipments.
If you make available any Products through the Service, you hereby agree
to comply with any applicable policies that we may post through the
Service from time to time with respect to Products, and that your rights
to payment (if any) with respect to any Products will be solely as set
forth in those policies, or as otherwise agreed upon in writing between
you and us.
6. Registration; User Names and Passwords. You may need
to register to use all or part of the Service. We may reject, or require
that you change, any user name, password or other information that you
provide to us in registering. Your user name and password are for your
personal use only and should be kept confidential; you, and not us, are
responsible for any use or misuse of your user name or password, and you
must promptly notify us of any confidentiality breach or unauthorized
use of your user name or password, or your Service account.
7. Submissions. Users may make available certain
content through or in connection with the Service (including images and
audio or audiovisual content), information and other materials,
including live streams or recorded content, and including reviews,
comments, posts and other user-generated content (each, a “Submission”).
We have no control over, and are not responsible for, any use or misuse
(including any distribution) by any third party of any Submissions. IF
YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER
INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR
OWN RISK. YOU ARE ALSO GRANTING CERTAIN LICENSES TO YOUR SUBMISSIONS,
AND MAKING CERTAIN REPRESENTATIONS AND WARRANTIES REGARDING YOUR
SUBMISSIONS, AS SET FORTH BELOW. If you make available any Submissions
as a live stream, you agree to not make those Submissions available
through any third-party platform except using functionality that we may
provide, until after the end of the live stream.
8. License; Representations and Warranties. For
purposes of clarity, you retain ownership of your Submissions. For each
Submission, you hereby grant to us a worldwide, royalty-free, fully
paid-up, non-exclusive, perpetual, irrevocable, transferable and fully
sublicensable (through multiple tiers) license, without additional
consideration to you or any third party, to reproduce, distribute,
perform and display (publicly or otherwise), create derivative works of,
adapt, modify and otherwise use, analyze and exploit the Submission,
including the name, image, voice and other likeness of any individual
depicted in such Submission, in any format or media now known or
hereafter developed, and for any purpose (including promotional
purposes, such as advertisements and testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or
other materials (“Feedback”), whether related to the Service or
otherwise, the Feedback will be deemed a Submission, and you hereby
acknowledge and agree that the Feedback is not confidential, and that
your provision of the Feedback is gratuitous, unsolicited and without
restriction, and does not place us under any fiduciary or other
obligation.
You represent and warrant that you have all rights necessary to grant
the licenses granted in this section, including with respect to any
other persons depicted in your Submissions, and that your Submissions,
and your provision thereof through and in connection with the Service,
are complete and accurate, and are not fraudulent, tortious or otherwise
in violation of any applicable law or any right of any third party. You
further irrevocably waive any “moral rights” or other rights with
respect to attribution of authorship or integrity of materials regarding
each Submission that you may have under any applicable law under any
legal theory.
WITHOUT LIMITING THE FOREGOING, YOU REPRESENT AND WARRANT THAT (1) YOU
HAVE OBTAINED AND PAID FOR ALL APPLICABLE RIGHTS IN ANY AUDIOVISUAL
CONTENT INCLUDED IN ANY OF YOUR SUBMISSIONS, INCLUDING ANY MUSICAL
COMPOSITIONS OR OTHER WORKS EMBODIED IN THAT CONTENT, AND INCLUDING ANY
APPLICABLE SYNCHRONIZATION AND OTHER PUBLISHING RIGHTS, AND ANY FEES,
ROYALTIES, TARIFFS, LEVIES AND OTHER AMOUNTS PAYABLE TO ANY ARTISTS,
PRODUCERS, MIXERS, ENGINEERS, PROMOTERS, VENUES OR OTHER PERSONS WITH
RESPECT TO THAT CONTENT, OR TO ANY COLLECTIVES OR OTHER ORGANIZATIONS
FOR PERFORMERS’ RIGHTS, NEIGHBORING RIGHTS AND RIGHTS OF EQUITABLE
REMUNERATION, IN EACH CASE AS NECESSARY TO GRANT THE LICENSES GRANTED IN
THIS SECTION AND TO PERMIT US TO REPRODUCE, DISTRIBUTE AND OTHERWISE
MAKE AVAILABLE THAT CONTENT; AND (2) YOUR PROVISION OF THAT CONTENT, AND
THE REPRODUCTION, DISTRIBUTION OR OTHER MAKING AVAILABLE OF THAT
CONTENT, DOES NOT INFRINGE, MISAPPROPRIATE OR VIOLATE ANY THIRD-PARTY
RIGHTS, INCLUDING ANY ARTIST AGREEMENTS OR RECORDING AGREEMENTS OR OTHER
COMMITMENTS TO WHICH YOU ARE SUBJECT.
9. Monitoring. We may (but have no obligation to)
monitor, evaluate, alter or remove Submissions before or after they
appear on the Service, or analyze your access to or use of the Service.
We may disclose information regarding your access to and use of the
Service, and the circumstances surrounding the access and use, to anyone
for any reason or purpose.
10. Your Limited Rights. Subject to your compliance
with this Agreement, and solely for so long as you are permitted by us
to use the Service, you may view one (1) copy of any portion of the
Service to which we provide you access under this Agreement, on any
single device, solely for your personal, non-commercial use. The App is
licensed (not sold) to end users. Subject to your compliance with this
Agreement, and solely for so long as you are permitted by us to use the
App, we hereby permit you, on a limited, non-exclusive, revocable,
non-transferable, non-sublicensable basis, to install and use the App on
a mobile device that you own or control, solely for your personal,
non-commercial use. If you fail to comply with any of the terms or
conditions of this Agreement, you must immediately cease using the App
and remove (that is, uninstall and delete) the App from your mobile
device.
You are responsible for obtaining, maintaining and paying for all
hardware and all telecommunications and other services needed to use the
Service.
11. Our Proprietary Rights. We and our suppliers own
the Service, which is protected by proprietary rights and laws. Our
trade names, trademarks and service marks include IN.LIVE and any
associated logos. All trade names, trademarks, service marks and logos
on the Service not owned by us are the property of their respective
owners. You may not use our trade names, trademarks, service marks or
logos in connection with any product or service that is not ours, or in
any manner that is likely to cause confusion. Nothing contained on the
Service should be construed as granting any right to use any trade
names, trademarks, service marks or logos without the express prior
written consent of the owner.
12. Third Party Materials; Links. Certain Service
functionality may make available access to information, products,
services and other materials made available by third parties, including
certain Submissions and Products (“Third Party Materials”), or allow for
the routing or transmission of those Third Party Materials, including
via links. By using that functionality, you are directing us to access,
route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third
Party Materials, including the accuracy, validity, timeliness,
completeness, reliability, integrity, quality, legality, usefulness or
safety of Third Party Materials, or any intellectual property rights
therein. Certain Third Party Materials may, among other things, be
inaccurate, misleading or deceptive. Nothing in this Agreement shall be
deemed to be a representation or warranty by us with respect to any
Third Party Materials. We have no obligation to monitor Third Party
Materials, and we may block or disable access to any Third Party
Materials (in whole or part) through the Service at any time. In
addition, the availability of any Third Party Materials through the
Service does not imply our endorsement of, or our affiliation with, any
provider of Third Party Materials, nor does that availability create any
legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO
ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO THE THIRD
PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE
PROVIDERS OF THE THIRD PARTY MATERIALS).
13. Promotions. Any sweepstakes, contests, raffles,
surveys, games or similar promotions (collectively, “Promotions”) made
available through the Service may be governed by rules that are separate
from this Agreement. If you participate in any Promotions, please review
the applicable rules as well as our Privacy Policy. If the rules for a
Promotion conflict with this Agreement, the Promotion rules will govern.
14. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT
PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICE AND ANY PRODUCTS AND
THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE
IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) WE DISCLAIM ALL
WARRANTIES WITH RESPECT TO THE SERVICE AND ANY PRODUCTS AND THIRD PARTY
MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY
KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE
MADE FOR THE BENEFIT OF BOTH US AND OUR AFFILIATES AND THEIR RESPECTIVE
SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS
(COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS.
While we try to maintain the timeliness, integrity and security of the
Service, we do not guarantee that the Service is or will remain updated,
complete, correct or secure, or that access to the Service will be
uninterrupted. The Service may include inaccuracies, errors and
materials that violate or conflict with this Agreement. Additionally,
third parties may make unauthorized alterations to the Service. If you
become aware of any such alteration, contact us at
policy@in.live
with a description of the alteration and its location on the Service.
15. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT
PERMITTED UNDER APPLICABLE LAW: (A) WE WILL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE
DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS,
USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS
(INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY
SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF THE
DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE
LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY
TO USE THE SERVICE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS,
INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION
THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH
THE SERVICE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING
THE SERVICE; AND (D) OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL
AMOUNTS, IF ANY, PAID BY YOU TO US TO USE THE SERVICE, OR BY US TO YOU
WITH RESPECT TO ANY PRODUCTS, DURING THE PRECEDING TWELVE (12) MONTHS;
OR (B) TEN U.S. DOLLARS ($10.00). ALL LIMITATIONS OF LIABILITY OF ANY
KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE
MADE FOR BOTH OUR BENEFIT AND THE BENEFIT OF THE AFFILIATED ENTITIES,
AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
16. Indemnity. To the fullest extent permitted under
applicable law, you agree to defend, indemnify and hold harmless us and
the Affiliated Entities, and their respective successors and assigns,
from and against all claims, liabilities, damages, judgments, awards,
losses, costs, expenses and fees (including attorneys’ fees) arising out
of or relating to (a) your use of, or activities in connection with, the
Service (including all Submission and Products that you make available);
and (b) any violation or alleged violation of this Agreement by you.
17. Termination. This Agreement is effective until
terminated. We may terminate or suspend your use of the Service at any
time and without prior notice, for any or no reason, including if we
believe that you have violated or acted inconsistently with the letter
or spirit of this Agreement. Upon any such termination or suspension,
your right to use the Service will immediately cease, and we may,
without liability to you or any third party, immediately deactivate or
delete your user name, password and account, and all associated
materials, without any obligation to provide any further access to the
materials. Sections 2–5, 8, 9 and 11–24 shall survive any expiration or
termination of this Agreement.
18. Governing Law; Arbitration. The terms of this
Agreement are governed by the laws of the United States (including
federal arbitration law) and the State of California, U.S.A., without
regard to its principles of conflicts of law, and regardless of your
location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL
DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF
THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT,
STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE
RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL
ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT
WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. THOSE DISPUTES
INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO
INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING
THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION
PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS
SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON
AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT
PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN
A CLASS ACTION.
The arbitration will be administered by the American Arbitration
Association under its Consumer Arbitration Rules, as amended by this
Agreement. The Consumer Arbitration Rules are available online at
https://www.adr.org/sites/default/files/ConsumerRules.pdf
. The arbitrator will conduct hearings, if any, by teleconference or
videoconference, rather than by personal appearances, unless the
arbitrator determines upon request by you or by us that an in-person
hearing is appropriate. Any in-person appearances will be held at a
location which is reasonably convenient to both parties with due
consideration of their ability to travel and other pertinent
circumstances. If the parties are unable to agree on a location, the
determination should be made by the AAA or by the arbitrator. The
arbitrator’s decision will follow the terms of this Agreement and will
be final and binding. The arbitrator will have authority to award
temporary, interim or permanent injunctive relief or relief providing
for specific performance of this Agreement, but only to the extent
necessary to provide relief warranted by the individual claim before the
arbitrator. The award rendered by the arbitrator may be confirmed and
enforced in any court having jurisdiction thereof. Notwithstanding any
of the foregoing, nothing in this Agreement will preclude you from
bringing issues to the attention of federal, state or local agencies
and, if the law allows, they can seek relief against us for you.
If you are resident in the European Union and acting as a consumer
within the scope of Regulation (EC) No. 593/2008, this governing law
provision will not have the result of depriving you of the protection
afforded to you by provisions that cannot be derogated from by agreement
by virtue of the laws applicable where you habitually reside.
19. Filtering. We hereby notify you that parental
control protections (such as computer hardware, software or filtering
services) are commercially available that may assist you in limiting
access to material that is harmful to minors. Information identifying
current providers of those protections is available from
https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers
. Please note that we do not endorse any of the products or services
listed on that site.
20. Information or Complaints. If you have a question
or complaint regarding the Service, please send an e-mail to
policy@in.live. Please note that e-mail communications will not necessarily be
secure; accordingly you should not include credit card information or
other sensitive information in your e-mail correspondence with us.
California residents may reach the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer
Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by
telephone at (916) 445-1254 or (800) 952-5210.
21. Copyright Infringement Claims. The Digital
Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on the Internet
infringes their rights under U.S. copyright law. If you believe in good
faith that materials available on the Service infringe your copyright,
you (or your agent) may send to us a written notice by mail or e-mail,
requesting that we remove the material or block access to it. If you
believe in good faith that someone has wrongly filed a notice of
copyright infringement against you, the DMCA permits you to send to us a
counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA. See
http://www.copyright.gov/
for details. Notices and counter-notices must be sent in writing to DMCA
Agent as follows: By mail to InLive, Inc., 3348 Emerson Street, Palo
Alto, CA 94306; or by e-mail to
notices@in.live
. DMCA Agent’s phone number is +1.415.534.9599. We suggest that you
consult your legal advisor before filing a DMCA notice or
counter-notice.
22. Export Controls. You are responsible for complying
with United States export controls and for any violation of those
controls, including any United States embargoes or other federal rules
and regulations restricting exports. You represent, warrant and covenant
that you are not (a) located in, or a resident or a national of, any
country subject to a U.S. government embargo or other restriction, or
that has been designated by the U.S. government as a “terrorist
supporting” country; or (b) on any of the U.S. government lists of
restricted end users.
23. Miscellaneous. This Agreement does not, and shall
not be construed to, create any partnership, joint venture,
employer-employee, agency or franchisor-franchisee relationship between
you and us. If any provision of this Agreement is found to be unlawful,
void or for any reason unenforceable, that provision will be deemed
severable from this Agreement and will not affect the validity and
enforceability of any remaining provision. You may not assign, transfer
or sublicense any or all of your rights or obligations under this
Agreement without our express prior written consent. We may assign,
transfer or sublicense any or all of our rights or obligations under
this Agreement without restriction. No waiver by either party of any
breach or default under this Agreement will be deemed to be a waiver of
any preceding or subsequent breach or default. Any heading, caption or
section title contained herein is for convenience only, and in no way
defines or explains any section or provision. All terms defined in the
singular shall have the same meanings when used in the plural, where
appropriate and unless otherwise specified. Any use of the term
“including” or variations thereof in this Agreement shall be construed
as if followed by the phrase “without limitation.” This Agreement,
including any terms and conditions incorporated herein, is the entire
agreement between you and us relating to the subject matter hereof, and
supersedes any and all prior or contemporaneous written or oral
agreements or understandings between you and us relating to such subject
matter. Notices to you (including notices of changes to this Agreement)
may be made via posting to the Service or by e-mail (including in each
case via links), or by regular mail. Without limitation, a printed
version of this Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon
or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form. We will not be responsible for any
failure to fulfill any obligation due to any cause beyond our control.
24. Apple-Specific Terms. In addition to your agreement
with the foregoing terms and conditions, and notwithstanding anything to
the contrary herein, the following provisions apply with respect to your
use of any version of the App compatible with the iOS operating system
of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does
not own and is not responsible for the App. Apple is not providing any
warranty for the App except, if applicable, to refund the purchase price
for it. Apple is not responsible for maintenance or other support
services for the App and shall not be responsible for any other claims,
losses, liabilities, damages, costs or expenses with respect to the App,
including any third-party product liability claims, claims that the App
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claims arising under consumer protection or similar legislation, and
claims with respect to intellectual property infringement. Any inquiries
or complaints relating to the use of the App, including those pertaining
to intellectual property rights, must be directed to us in accordance
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and is owned or controlled by you, or as otherwise permitted by the
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addition, you must comply with the terms of any third-party agreement
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