LivU
- Terms of Use
Please
read carefully the following provisions of this TERMS OF USE (“TERMS OF USE”).
This is a legal agreement made by and among Riley Cillian Hong Kong Limited,
Clash Arts HK Limited (collectively, the “LivU”) and
you regarding the use of the LivU software programs and
related documentation being installed by you on your device (the “Software”).
By downloading the Software and/or using any of the services enabled by the
Software (the “Services”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND
AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (INCLUDING ANY
ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS). IF AT ANY TIME YOU DO NOT
AGREE TO THESE TERMS OF USE OR LIVU'S PRIVACY POLICY, YOU MAY NOT USE THE
SOFTWARE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SOFTWARE
AND ALL SERVICES. (Refer to the privacy policy can be found at this link: http:
//www.livu.me/LivU_privacy.html)
1.
Acknowledgment.
This
paragraph is intended to apply to you if you have downloaded the Software from
the app marketplaces such as the Apple App Store and the Google Play (the “LivU Platform”). LivU and you
acknowledge that this Terms of Use is concluded between LivU
and you only, and not with the app marketplaces, and as between LivU and the marketplaces, LivU,
not the marketplaces, is solely responsible for the Software and Services and
the content thereof. This Terms of Use is not intended to provide for usage
rules for the Software and Services that are less restrictive than the Usage
Rules set forth for Licensed Applications in, or otherwise be in conflict with,
the Terms of Service of the app marketplaces as of the date hereof (which you
further acknowledge you have had the opportunity to review).
2.
License
Grant.
Subject
to your compliance with the terms and conditions set out in this Terms of Use, LivU grants you a personal, limited, non-commercial,
non-exclusive, non-sublicensable, non-assignable, revocable license to
download, install and use one (1) copy of the Software, in object code format,
only on your personal computer or mobile device (the “Device”) for the sole
purpose of personally using the LivU application and
any other applications that may be explicitly authorized by LivU
for use through use of the Software, and if you have downloaded the Software
from the App Store or the Google Play, as permitted by the Usage Rules set
forth in the each app marketplace Terms of Service as
of the date hereof, you shall follow the usage rules set forth in this
Application Market Terms of Service.
3.
Ownership.
The
Software is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties. The Software includes
trade secrets and information that is confidential and proprietary to LivU and you agree to take all necessary actions to protect
the confidentiality of such information. All ownership rights in the Software
and Services, including any related documentation and any new releases,
modifications, and enhancements thereto belong solely to LivU
and its licensors, if any, including all intellectual property rights therein.
The Software is licensed, not sold. Title does not pass to you. There is no
implied license, right or interest granted in any copyright, patent, trade
secret, trademark, invention or other intellectual property right. LivU hereby expressly reserves all rights in the Software
and all Services which are not expressly granted to you hereunder.
4.
Restrictions.
You
only obtain a license to use the object code version of the Software. You shall
not (i) copy, modify, adapt, translate into any
language, distribute, or create derivative works based on the Software or any
of the Services; (ii) sublicense, sublease, lease, lend, assign, sell, license,
distribute, rent, export, re-export or grant other rights in the Software or
Service and any attempt by you to take such action shall be void; (iii)
decompile, disassemble, reverse engineer, or attempt to reconstruct, identify,
or discover any source code, underlying ideas, underlying user interface
techniques, or algorithms of the Software or any of the Services by any means
whatsoever; (iv) remove, obscure or alter any copyright and/or other
proprietary notices contained on or in or otherwise connected to the Software
or any of the Services; or (v) use the Software or any of the Services to
create or proliferate a virus or to circumvent any copy protection or other
digital rights management mechanism.
5.
Additional
Restrictions.
You
further represent that you shall not (i) use the
Software or any of the Services for any illegal or unauthorized purpose, (ii)
use the Software or any of the Services in any manner which could damage,
disable, overburden or impair any of the Services, (iii) transmit worms,
viruses or any code of a destructive nature, (iv) display, transmit or share
any content consisting of text, sounds, audio, pictures, photos, video and/or
any type of materials, information or communications (“Content”) deemed
hateful, threatening, pornographic, obscene, abusive, racially or ethnically
offensive, libelous or defamatory, or any Content that encourages conduct that
would be considered a criminal offense or bring forth civil liability, (v)
attempt to hack, destabilize or adapt LivU’s website,
the Software (or its source code) or any of the Services, or alter another
website so as to falsely imply that it is affiliated with LivU,
or (vi) use or access any of the Services by any means other than through the
interface provided by LivU.
6.
Your
Utilization of Your Device.
If
your use of the Software or Services is dependent upon the use of bandwidth
owned or controlled by a third party, you acknowledge and agree that your
license to use the Software is subject to you obtaining consent from the
relevant third party for such use and by using the Software you warrant that
you have obtained such consent. In addition, you warrant that you own the
Device to which you are downloading the Software, or that you have the legal
right to control the use of that Device. You further agree to ensure that any
other person whom you permit to use the Software or Services will do so in
accordance with this Terms of Use. You must delete any Software from the Device
if you sell the Device, or if you cease to have the legal right to control use
of the Device.
7.
Content.
Content
transmitted by the use of the Software and Services is entirely the
responsibility of the person from whom such Content originated. You use the
Software and Services at your own risk and understand that by using the
Software or any of the Services, you may be exposed to Content that is
offensive, harmful to minors, indecent or otherwise objectionable. LivU does not endorse any Content and hereby expressly
disclaims any and all liability in connection with any and all Content
transmitted or displayed using the Software and/or Services. You hereby release
and discharge the LivU Parties (as defined below)
from any and all claims and demands arising out of or relating to any Content.
8.
Your
Content.
You
acknowledge and agree that you are solely responsible for any Content that you
transmit or display through the Software or Services and that LivU (and Apple or Google if you downloaded the Software
from the App Store or Google Play) is not responsible to you or any third party
in connection with any Content. You further agree to pay for all royalties,
fees, and any other monies owing any person by reason of any of your Content.
In addition, you represent and warrant that: (a) you are the creator and owner
of or have the necessary rights to transmit or display the Content; and (b) the
Content you transmit or you display does not and will not: (i)
infringe, violate, or misappropriate any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right, right
of publicity, or any other intellectual property or proprietary right, or (ii)
slander, defame, libel, or invade the right of privacy, publicity or other
property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY
BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. LivU
RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE
PROVISIONS OF THIS TERMS OF USE.
9.
Third
Parties.
The
Software may be incorporated into, and may incorporate itself, software and
other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in
the Software falls under the scope of this Agreement.
10.
New
Versions of the Software.
LivU, in its sole discretion,
reserves the right to add additional features or functions, or to modify or
provide programming fixes, updates and upgrades, to the Software or Services. LivU has no obligation to make available to you any
additional features or functions or any modifications, updates, support,
maintenance or subsequent versions of the Software or any of the Services. You
may have to agree to a renewed version of Terms of Use in the event you want to
download, install or use any additional features or functions or any
modifications, updates or new versions of the Software. You acknowledge that LivU may automatically issue any additional features or
functions or modifications, updates or upgraded versions of the Software and,
accordingly, may modify, update or upgrade the version of the Software that you
are using or have installed on your Device. You hereby agree that your Device
may automatically request and/or receive such modifications, upgrades or
updates.
11.
Third
Party Fees.
For
particular Devices, LivU may ask your permission to
use your native SMS application to deliver messages or invitations to people
who are not registered users of the Services and with whom you choose to
communicate. Some of these services may charge additional fees.
12.
Eligibility.
The
license to use the Software and Services is not valid in any jurisdiction where
prohibited. The Software and Services are intended solely for users who are
eighteen (18) years of age or older, and any registration, use or access to the
Software or Services by anyone under 18 is unauthorized, unlicensed, and in
violation of this Terms of Use. LivU may terminate
your account, delete any content or information that you have posted on the
Services, and/or prohibit you from using or accessing the Software or Services
(or any portion, aspect or feature of the Services) for any reason or for no
reason, at any time in its sole discretion, with or without notice, including
without limitation if it believes that you are under 18.
13.
No
Access to Emergency Services.
The
Software and Services are not intended to support or carry emergency calls to
any type of hospitals, law enforcement agencies, medical care unit or any other
kind of services that connect a user to emergency services personnel or public
safety answering points pursuant to applicable local and or national regulatory
requirements (“Emergency Services”). There are important differences between
traditional telephone services and the Software and Services. You acknowledge
and agree that: (i) LivU is
not required to offer access to Emergency Services under any applicable local
and/or national rules, regulations or law; (ii) it is your responsibility to
purchase, separately from the Software, traditional wireless (cellular) or
fixed line telephone services that offer access to Emergency Services, and
(iii) LivU is not a replacement for your primary
telephone service.
14.
Prevention
of Unauthorized Use.
LivU reserves the
right to exercise whatever lawful means it deems necessary to prevent
unauthorized use of the Software or Services, including, but not limited to,
technological barriers, IP mapping, and directly contacting your wireless
(cellular) carrier regarding such unauthorized use.
15.
License
Grant to LivU.
You
hereby authorize LivU to collect and use the address
books, contact lists, and unique phone identifiers (IMEI, UDID, or other)
contained in the Devices to which you have downloaded the Software for purposes
of your use of the Services.
16.
Premium
and all kind of paid contents & item Services.
From
time to time, LivU may provide additional features
and/or Services that you pay for (the“Premium”).
LivU may also offer from time to time in its sole
discretion, certain Premium and all kind of paid contents & item Services
for free, whether for a trial period or otherwise. Unless expressly stated
otherwise, references in this Terms of Use to the Services include the Premium
and all kind of paid contents & item Services. You will pay the Premium and
all kind of paid contents & item Services by the paid coins you purchased
via the Software in the first place. Only after all of your paid coins are
consumed, you may use free coins to pay for Premium and all kind of paid
contents & item Services.
17.
Payments
for Premium and all kind of paid contents & item Services.
The
Premium and all kind of paid contents & item Services may be offered on a
subscription basis, per usage basis or as otherwise described at the time of
your purchase, and may be payable in advance, in arrears, per usage, or as
otherwise described at the time of your purchase. If you purchase any Premium
and all kind of paid contents & item Services, you hereby agree to pay all
charges to your account, including applicable taxes, in accordance with billing
terms in effect at the time the charges are payable and whether charged by LivU or the online application store from which you
downloaded the Software (the “Application Store”). You agree to abide by any
relevant terms of service or other legal agreement that governs your use of a
given payment processing service and/or method. If you purchase Premium and all
kind of paid contents & item Services on a subscription basis, you
acknowledge and agree that this is a recurring payment and payments shall be
made by the payment method and payment intervals you have selected, until the
subscription for the Premium and all kind of paid contents & item Services
is terminated. You agree that if you purchase Premium and all kind of paid
contents & item Services through an Application Store, all payment related
questions, issues, disagreements and/or disputes shall be handled in accordance
with the terms of service or other legal agreement that governs your use of a
given payment processing service and/or method, and in no event will LivU have any responsibility in connection with any of the
foregoing.
18.
Refunds.
You may request a full refund for any Premium and all kind of paid contents & item Service purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store. Exceptions - 1) refunds are not available to users who are banned by LivU and its community, and 2) full-refunds are not available for partial-used purchases.
You may request a full refund for any Premium and all kind of paid contents & item Service purchased outside of the Application Store within 72 hours of purchase by contacting our customer service. Exceptions - 1) refunds are not permitted by payment channels and platforms, and 2) full-refunds are not available for partial-used purchases. You acknowledge that how and when your money is refunded is subject to how you made the original payment.
19.
Termination
by You.
You
may terminate your use of the Services at any time by uninstalling and deleting
the Software from all of your Devices. If you have subscribed to any Premium
and all kind of paid contents & item Services, you agree that you are
solely responsible for directly terminating all payment obligations you may
have with any Application Store and/or payment processing service in connection
with the Premium and all kind of paid contents & item Services.
20.
Termination
by LivU.
Without
limiting any other remedies, LivU may limit, suspend,
discontinue or terminate this Terms of Use and/or your use of all or any part
of the Software and/or Services, with immediate effect, automatically, with or
without notice and without recourse to the courts, for any reason or for no
reason, including without limitation if LivU believes
that you are (i) in breach of any of the terms of
this Terms of Use, (ii) creating problems or legal liabilities (actual or
potential), (iii) delinquent with respect to any charges due for a Premium and
all kind of paid contents & item Service, (iv) infringing a third party’s intellectual
property rights, or (v) engaging in fraudulent, immoral or illegal activities.
You agree that LivU is under no obligation to provide
the Services, including without limitation any Premium and all kind of paid
contents & item Services, and that no LivU Party (as
defined below) shall be liable to you or to any other party for any limitation,
suspension, discontinuance, termination or modification of the Software and/or
any of the Services.
21.
Storage
of Content.
Subject
to the terms and conditions of this Terms of Use, LivU
will use reasonable efforts to store your Content, if any, in connection with
your use of a Premium and all kind of paid contents & item Service if such
storage is a feature provided with the Premium and all kind of paid contents
& item Service. You acknowledge and agree that LivU
shall have no responsibility for the loss, deletion, or destruction of any
Content, including any stored Content and that no LivU
Party is under any obligation to preserve, provide access to or return to you any
Content. In addition, you further acknowledge and agree that, if you have
elected to use a Premium and all kind of paid contents & item Service that
includes the storage of Content and you are not active on the Premium and all
kind of paid contents & item Service for thirty (30) days or longer (as
determined by LivU), LivU
may delete your Content for any reason, including technical, business or any
other reasons.
22.
Third-Party
Sites, Products and Services; Links.
The
Services may include links or references to other web sites or services solely
as a convenience to our users (“Reference Sites”). LivU
does not endorse any such Reference Sites. ACCESS AND USE OF REFERENCE SITES,
INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE
THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage you to be
aware of when you leave the Services, and to read the terms and conditions and
privacy policy of any third-party website or service that you visit. In
addition, your correspondence or business dealings with advertisers found on or
through the Services are solely between you and such advertiser.
23.
Indemnification.
"YOU
HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, LivU,
ITS LICENSORS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING LIVU EACH A “LIVU
PARTY” AND COLLECTIVELY THE “LIVU PARTIES”), FROM AND AGAINST ANY AND ALL
CLAIMS, ACTIONS, LIABILITY, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES
INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR
VIOLATION OR BREACH OF ANY TERM OF THIS TERMS OF USE OR ANY APPLICABLE LAW OR
REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY
RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE SOFTWARE AND/OR ANY
OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR
TRANSMITTED BY MEANS OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (E) ANY
TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN
TAXES BASED ON THE INCOME OF LivU). If you downloaded
the Software from the the app marketplaces, you
acknowledge that, in the event of any third party claim that the Software or
Services or your possession and use of the Software or Services infringes any
third party’s intellectual property rights, as between LivU
and the app marketplaces, LivU, not the app
marketplaces, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim. LivU reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify LivU, and you agree to cooperate with LivU’s defense of these claims. You agree not to settle any
matter without the prior written consent of LivU.
"
24.
Assignment.
You
are not allowed to assign this Terms of Use or any rights or obligations
hereunder. LivU is allowed at its sole discretion to
assign this Terms of Use and any rights hereunder to any third party, without
giving any prior notice.
25.
No
Warranty.
The
Software and Services are provided to you “AS IS” and “AS AVAILABLE” with no
warranties. The LivU Parties hereby disclaim all
warranties, terms, or conditions, express or implied, either in fact or by
operation of law, statutory or otherwise, including, without limitation,
warranties, terms or conditions of merchantability, fitness for a particular
purpose, satisfactory quality, correspondence with description, title, non-infringement,
and accuracy of information generated. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE
THAT THE LivU PARTIES (AND IF YOU DOWNLOADED THE
SOFTWARE FROM THE APP STORE OR GOOGLE PLAY, APPLE OR GOOGLE) WILL HAVE NO
LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE AND/OR
ANY OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR
DISSATISFACTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY
UNINSTALL THE SOFTWARE AND CEASE USE OF THE SOFTWARE AND ALL SERVICES. You
further acknowledge that the LivU Parties (and if you
downloaded the Software from the App Store or Google Play, Apple or Google)
have no obligation whatsoever to furnish any maintenance or support services
with respect to the Software and/or Services.
26.
No
Warranties.
THE
LivU PARTIES DO NOT WARRANT THAT THE CONTENT
DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES WILL BE
UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO
NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE LivU PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE SOFTWARE OR SERVICES.
27.
Harm to
Your Device.
YOU
UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE
SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR
LOSS OF DATA THAT RESULTS FROM SUCH CONTENT. Loss of business or any other damages
even LivU or the others also informed of their
possibility.
28.
Limitation
of Liability.
IN
NO EVENT SHALL THE LivU PARTIES BE LIABLE, WHETHER
BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR
ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF
REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR
IN CONNECTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES, THIS TERMS OF USE
OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF LivU OR ANY OTHER LivU PARTY HAS
BEEN ADVISED OF THE POSSIBILITY THEREOF. THE LivU
PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THIS TERMS
OF USE OR USE OF THE SOFTWARE OR ANY OF THE SERVICES. The foregoing limitations
will apply even if the above stated remedy fails of its essential purpose. As
some jurisdictions do not allow some of the exclusions or limitations set forth
above, some of these exclusions or limitations may not apply to you. In such
event the liability of the LivU Parties will be
limited to the maximum extent possible under applicable law. THESE LIMITATIONS
OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF
ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN LivU AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE
SERVICES.
29.
Claims.
YOU
AND LivU AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED. If you downloaded the Software from the app marketplaces,
you further acknowledge that the app marketplaces have no responsibility for
addressing any claims relating to the Software or Services or your possession
and/or use of the Software or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the
Software or Services fail to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar
legislation.
30.
Basis of
the Bargain.
YOU
ACKNOWLEDGE AND AGREE THAT LivU HAS OFFERED ITS
SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS
AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY
DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A
REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LivU,
AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH
HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LivU. LivU WOULD NOT BE ABLE TO
PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS
WITHOUT THESE LIMITATIONS.
31.
Feedback.
Any
comments, suggestions, or feedback relating to the Software or any of the
Services (the “Feedback”) submitted to LivU shall
become the property of LivU. LivU
will have exclusive ownership of all rights to the Feedback. LivU will be entitled to use the Feedback for any
commercial or other purpose whatsoever, without any compensation to you or any
other person. LivU will not be required to treat any
Feedback as confidential. You agree that you do not acquire any right in or to
the Software or any of the Services (or any changes, modifications or
corrections thereto) by virtue of any Feedback. You acknowledge that you are
responsible for whatever material is submitted by you, including its legality,
reliability, appropriateness, originality, and copyright.
32.
General.
32.1 Notices.
LivU may provide you
with notices, including those regarding changes to terms and conditions, by
email, or postings on the LivU website. Notice will
be deemed given twenty-four (24) hours after email is sent, unless LivU is notified that the email address is invalid. Notice
posted on the LivU website is deemed given ten (10)
days following the initial posting. LivU reserves the
right to determine the form and means of providing notifications to our users.
32.2 Amendments.
LivU reserves the right
to amend this Terms of Use at any time by publishing the revised Terms of Use
on the LivU website or by otherwise providing notice
of such amendment pursuant to the notice provisions above. The revised Terms of
Use shall become effective following the applicable notice period, unless you
expressly accept the revised Terms of Use earlier by clicking on the accept
button. Your express acceptance or continued use of the Software or Services
after the applicable notice period shall constitute your acceptance to be bound
by the terms and conditions of the revised Terms of Use. You can find the
latest version of these Terms of Use at http://www.livu.me/LivU_termsofservice.html.
32.3 Ability to Contract.
You
hereby affirm that you are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations and warranties set forth
in this Terms of Use, and to abide by and comply with the terms and conditions
of this Terms of Use.
32.4 Entire Agreement.
This
Terms of Use represents the complete agreement concerning the matters covered
and, except as set forth under Amendments above, may be amended only by a
writing executed by both parties. If any provision of this Terms of Use is held
to be unenforceable, such provision shall be modified only to the extent
necessary to make it enforceable and shall not affect the enforceability or
validity of the remaining provisions, which shall remain in full force and
effect.
32.5 Waiver.
The
failure of LivU to exercise or enforce any right or
provision of this Terms of Use will not constitute a waiver of such right or
provision. Any waiver of any provision of this Terms of Use will be effective
only if in writing and signed by LivU.
32.6 Headings.
The
heading references herein are for convenience purposes only, do not constitute
a part of this Terms of Use, and will not be deemed to limit or affect any of
the provisions hereof.
32.7 Applicable Law And
Location.
These
Terms of Use are governed by the laws of Hong Kong as such laws apply to
agreements entered into and completed in Hong Kong law. The United Nations
Convention Contracts for the International Sale of Goods (1980) is hereby
excluded from the scope application of these Terms of Use. You agree that the
Service is only deemed to be in Hong Kong and that the Service does not create
personal jurisdiction over LivU (Specific or General)
in jurisdictions other than Hong Kong. You further agree that the courts
located in Hong Kong have exclusive jurisdiction and venue for all disputes and
disputes relating thereto, including not limited to any disputes or disputes
arising out of connection with the Software, Services or these Terms of Use.
You agree that you will not initiate or sue any litigation against any LivU party outside the courts located in Hong Kong, and you
hereby agree and waive all defenses that lack personal jurisdiction and forum
inconvenience in such venues and locations and jurisdiction court.
32.8 Injunctive Relief.
You
acknowledge that the obligations made hereunder to LivU
are of a unique and irreplaceable nature, the loss of which shall irreparably
harm LivU and which cannot be replaced by monetary
damages alone so that LivU shall be entitled to
injunctive or other equitable relief (without the obligations of posting any
bond or surety) in the event of any breach or anticipatory breach by you. You
irrevocably waive all rights to seek injunctive or other equitable relief.
32.9 Third Party Beneficiaries and Agreements.
If
you downloaded the Software from the app marketplaces, you acknowledge and
agree that the app marketplaces are third party beneficiaries of this License
Agreement, and that, upon your acceptance of the terms and conditions of this
Terms of Use, the app marketplaces will have the right (and will be deemed to
have accepted the right) to enforce this Terms of Use against you as a third
party beneficiary hereof. You agree to comply with, and your license to use the
Software and Services is conditioned upon your compliance with, all applicable
third-party terms of agreement, including those of any Application Store, as
may be applicable, when using the Software and/or Services.
32.10
Injunctive
Relief
You
acknowledge that, with a unique and irreplaceable nature of the obligations
under this Agreement undertake to LivU, its loss
would be irreparable harm LivU, and it cannot be
replaced only by monetary damages, so LivU is entitled
to injunction or other equitable relief (no obligation). If there is any breach
or anticipatory breach, you can post any bond or deposit. You irrevocably waive
all rights to seek an injunction or other fair remedy.
32.11
Third
Party Beneficiaries and Agreements.
If
you download the Software from the app marketplaces, you acknowledge and agree
that the app marketplaces are third party beneficiaries of this License
Agreement and that after you accept the terms and conditions of these Terms of
Use, the app marketplaces will have a three-way beneficiary enforces these
Terms of Use (and will be deemed to have accepted the right). You agree to
abide that you are using the Software and Services.
35.12 Privacy
Policy.
You
can find the latest version of the LivU Privacy
Policy at http://www.livu.me/LivU_privacy.html.
35.13 Move Caution
And Choose Exit
LivU can use carrier
distributed mobile messaging (SMS) to verify ownership of registered mobile
phone numbers.
Additional Information: For information or technical support for the event,
please send an email to service@livu.me