These Terms of Service (referred to as the "Terms") govern your access to and use of our Services. These Terms form a legally binding contract between you and Livehouse Ltd. ("Lively"). So please read them carefully!
By using Lively or any of our other products or services that are subject to these Terms (which are referred to collectively as "Services"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree with them, then you can opt to not use our services.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Lively AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND Lively WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE.
You may use Lively only if you can legally form a binding contract with Lively, and only in compliance with these Terms and other applicable laws. When you create a Lively account, you must provide us with accurate and complete information. You can’t use Lively if it would be prohibited by the United States or any other applicable jurisdictions. Any use or access by anyone under the age of 13 is not allowed. If you are based in the EU, EEA, or UK, you may only use Lively if you are over the age at which you can provide consent to data processing under the laws of your country. Using Lively may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates. Please read all terms carefully. By using the Services, you represent, warrant, and agree that:
As between you and us, Lively (and its licensors) own the Services, including all proprietary content, information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and “look and feel” of the Services, and all related intellectual property rights. Lively grants you a limited, personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services. This license is for the sole purpose of using and enjoying the Services in a way that these Terms and our policies, such as our privacy policy and community guidelines, allow. You may not use the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with.
For all content you submit to the Services, you grant Lively and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.
While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
You agree that Lively, its affiliates, and third-party partners may place advertising in the Services. We, our affiliates, and our third-party partners may place advertising on the Services, including personalized advertising based on the information you provide us, we collect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your content.
We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.
Your privacy matters to us. You can learn how your information is handled when you use our Services by reading our Privacy Policy. We recommend that you review our privacy policy in detail, by using our services, you agree that Lively can collect, user, or transfer your information in accordance with the policy.
Lively allows users, publishers, and other third parties to post content, including photos and videos. Anything that you post or otherwise make available on Lively is referred to as “User Content.” You retain all rights in, and are solely responsible for the User Content that you post to or transmit on Lively. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the user or entity that submitted it. Although Lively reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—guarantee that other users or the content they provide through the Services will comply with our Terms.
Through these Terms and our Community Guidelines, Lively clearly establishes limitations on how the Services should be used. However, we do not review all content, and cannot guarantee that all content on the Services will always conform to our Terms and Community Guidelines.
You agree to respect Lively's rights and adhere to any guidelines, support pages, or FAQ’s published by Lively orour affiliates. That means, among other things, you may not do, attempt to do, enable, or encourage anyone else todo, any of the following:
Lively respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
We try hard to keep our Services a safe place for all users. By using the Services, you agree that you will at all times comply with these Terms and any other policies Lively makes available in order to maintain the safety of the Services.
If you fail to comply, we reserve the right to remove any offending content, terminate or limit the visibility of your account, and notify third parties—including law enforcement—and provide those third parties with information relating to your account. This step may be necessary to protect the safety of our users, and others, to investigate, remedy, and enforce potential Terms violations, and to detect and resolve any fraud or security concerns.
We also care about your physical safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services while driving. And never put yourself or others in harm’s way just to capture a Lively.
To use certain Services, you need to create an account. You agree to provide us with accurate, complete, and updated information for your account. You are responsible for any activity that occurs in your account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. If you think that someone has gained access to your account, please immediately reach out to Support. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
By using the Services, you agree that, you will not:
Your content in Moment might become unavailable for any number of reasons, including things like an operational glitch or a decision on our end to terminate your account. Since we can’t promise that your content will always be available, we recommend keeping a separate copy of content you save to Moment.
We make no promise that Moment will be able to accommodate your precise storage needs. We reserve the right to set storage limits for Memories, and we may change these limits from time to time in our sole discretion. And just as with our other Services, your use of Moment may take up space on your device and may incur mobile data charges.
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
By providing us with your mobile phone number, you agree to receive SMS messages from Lively related to the Services, including about promotions, your account, and your relationship with Lively. These SMS messages may be made to your mobile phone number even if your mobile phone number is registered on any state or federal Do Not Call list, or international equivalent.
Certain Services may display, include or make available content, data, information, applications, features or materials from third parties (“Third-Party Materials”), or provide links to certain third-party websites. If you use any Third-Party Materials made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Neither Lively nor our affiliates are responsible or liable for a third party’s terms or actions taken under the third party’s terms. Further, by using the Services, you acknowledge and agree that Lively is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
Lively prohibits Users from engaging in any of the following acts when using the Services:
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.
While we hope you remain a lifelong user, you can terminate these Terms at any time and for any reason by deleting your Lively account (or, in some cases, the account associated with the applicable part of the Services you are using).
We may terminate or temporarily suspend your access to the Services if you fail to comply with these Terms, any of our guidelines, or the law, for any reason outside of our control, or for any reason, and without advanced notice. That means that we may terminate these Terms, stop providing you with all or any part of the Services, or impose new or additional limits on your ability to use our Services. And while we’ll try to give you reasonable notice beforehand, we can’t guarantee that notice will be possible in all circumstances. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and Lively continue to be bound by these Terms.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Lively, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by Lively; (b) your content, including infringement claims related to your content; (c) your breach of these Terms or any applicable law or regulation; or (d) your negligence or willful misconduct.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM.
THIS DOES NOT APPLY TO JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND Lively AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
For any dispute you have with Lively, you agree to first contact us and try to resolve the dispute with us informally. If Lively is not able to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms through binding arbitration.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Lively are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Lively account.
If you are a user in the EU, EEA, or UK, this section does not apply to you.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the United States District Court for the District of Delaware. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
The laws of the State of Delaware, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms, including the additional terms referenced in Section 5 and the Community Guidelines, make up the entire agreement between you and Lively, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide the Services using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you.
Lively developed these Community Guidelines to let our users know what we do and do not allow on Lively. These guidelines represent our acceptable use policy, so if you encounter content that is not appropriate according to the guidelines, please report it us at: lively.widget@gmail.com.
Lively is not a place for explicit, harmful, hateful, or violent content. Lively may remove, limit, or block such content and the accounts that post or transmit content based on how much harm it poses.
Lively is not a place for pornography. We limit the distribution of or remove mature and explicit content, including: vivid sexual descriptions, graphic depictions of sexual activity, and images of nudity where the poses, camera angles, or props suggest pornographic intent.
We report all instances of child sexual exploitation to authorities. It is not acceptable or legal to post, save, or send nude or sexually explicit content involving anyone under the age of 18 – even of yourself. It is not acceptable or legal to ask a minor to send sexually explicit conduct.
We do our best to differentiate between pornography and other mature content. For example, you can share content about breastfeeding and other non-sexual nudity given the non-pornographic context, but we may limit its distribution.
Lively is not a place for exploitation of people. We will remove or limit the distribution of content and accounts involved in practices that risk harm to people, including sexual, physical, or financial exploitation. That includes:
Lively is not a place to insult, hurt or antagonize individuals or groups of people. Lively prohibits bullying and harassment. If a user blocks you, you may not contact them from your account or another account.
If someone is depicted in your pictures or videos and asks you to remove it, please remove the content.
Lively prohibits sharing another person’s private information, pictures, or videos without their knowledge or consent.
Lively is not a place for graphic violence or threatening language. We limit the distribution of or remove such content, including:
Lively is not a place for violent content. We limit the distribution of or remove content and accounts that encourage, praise, or promote aid to dangerous actors or groups and their activities. This includes:
We work with industry, government and security experts to help us identify these groups.
Lively is not a place for practices and products that may be illegal, harmful, or deceptive. We limit the distribution of or remove such content and accounts, including, but not limited to content that:
We don’t allow accounts that impersonate or misrepresent their affiliation with any person or organization.
To respect the rights of people on and off Lively, please:
If you violate these Community Guidelines, Lively may remove the content, terminate, or limit your account and/or notify law enforcement, If your account is terminated, you are not allowed to use Lively.