LiveNyte, Inc.
Terms of Service
(last updated August 14, 2025)
LiveNyte,
Inc., a California corporation (“we,” “us,” “our”), provides a software
platform that enables a virtuous cycle between celebrities, their fans, and
businesses. Our platform, which consists of our website, livenyte.com (the
“Website”), our mobile applications, LiveNyte and LiveNyte: Event Check-In (the “App”), all services available
through our Website or App, and related services, is
referred to here as the “Services.” You (the “user” or “you”) use
the Services subject to these Terms of Service (the “Terms of Service” or
the “Agreement”). The Services are the property of LiveNyte,
Inc. and our licensors.
By visiting our Website, downloading or using the App or using any Services,
or submitting or
viewing Content through our Services, you are
agreeing to be bound by the Terms of Service. If you do not agree, do not use
any of the Services.
PLEASE
READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING
THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE
BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT
JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
This is a legal agreement
between you and us for use of any of the Services. This Agreement
applies to you, whether
personally or on behalf of an entity, whether you visit our Website, download our App or use any Services. No
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship between you and us is intended or created by this Agreement.
Your use of the Services indicates your explicit
consent that the personal information you have provided through the Services is
subject to our Privacy Policy (https://livenyte.com/privacy.html), the terms of which are
incorporated herein. Please review our Privacy Policy to understand our
practices.
If you access the Website from the European Union,
Asia, or any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of the
Website, you are transferring your data to the United States, and you expressly
consent to have your data transferred to and processed in the United States.
PARTIES
If you are using our
Services as an individual or entity seeking to find, digitally follow, or
purchase digital content from a creator, we refer to you as a
“Fan.” If you are using our Services as an individual or entity
whose services may be booked through the Website or to sell digital content, or
as an authorized agent of such individual or entity, we refer to you as a “Creator”
or “Celebrity” or “Talent” or “Influencer”. If you are using our
Services as a business that may book a Creator for an event (an “Event”), we
refer to you as a “Business.”
LIMITED
LICENSE
Subject to the terms of
this Agreement, we grant to you, during the term of this Agreement, a limited, non-exclusive,
non-transferable and revocable license to access and use the
Services. You are welcome to link to our Website
from your website or social media channels, provided that your website does not
imply any endorsement by or association with LiveNyte,
Inc., and provided that we may revoke this permission at any time in our sole
discretion.
The information accessed through our Services is not
intended for viewing to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or regulation
or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, individuals who choose to access the
Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
We retain the right to
refuse any and all current or future use of the Services, for any reason at any
time. Without limiting other remedies, we may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your access and/or refuse
to provide the access to the Services to you if you breach any of these Terms
of Service, we are unable to verify or authenticate any information you provide
to us to create your account, or if we believe that your actions are
impermissible, inappropriate or may create liability for us.
ACCOUNT
You may be required to register to use some of our Services. You may register by signing up through a social media website (such as Facebook or Google) or by providing your email address. When you create an account, your personal or business information shall be governed by our Privacy Policy. You must ensure that you exit from your account at the end of each session. You agree not to disclose or share your password with any third party or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password. We strongly recommend that you change your password on a periodic basis and whenever you suspect that knowledge of the password has been compromised. We assume no liability for any access to information that is accessed with your account information. You are solely responsible for protecting the privacy of your account and password, and you agree to accept all responsibility for activities that occur under your account or password.
By creating an account and accessing the Services, you
represent and warrant that:
a)
all
information you submit will be true, accurate, current, and complete;
b)
you
have the legal capacity and you agree to comply with these Terms of Service;
c)
you
are not under the age of 18 and you are not a minor in the jurisdiction in
which you reside, or if you are under the age of 18 or are a minor, you have
received parental permission to use the Services;
d)
you
will not access the Services through automated or non-human means, whether
through a bot, script or otherwise;
e)
you
will not use the Services for any illegal or unauthorized purpose; and
f)
your
use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
We do not request your
feedback concerning the Services. Nonetheless, if you provide us with any
feedback (including through any contact information available on the Website or
public forums) concerning the Services, you also grant us and our successors a
worldwide, non-exclusive, royalty-free, perpetual and transferable license to
use, copy, distribute, transmit, modify, prepare derivative works of such
feedback, in any media format and through any media channels, including
incorporating such feedback on the Services.
PROHIBITED ACTIVITIES
You may not access or use our Services for any purpose
other than that for which we make the Services available. As a user of the Services,
you agree not to:
a)
circumvent,
disable, or otherwise interfere with security-related features of the Website
and/or the App, including enforcing limitations on the use of the Website
and/or the App;
b)
engage
in unauthorized framing of or linking to the Website;
c)
trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords;
d)
make
improper use of our support services or submit false reports of abuse or
misconduct;
e)
engage
in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools;
f)
interfere
with, disrupt, or create an undue burden on the Website and/or the App or the
networks or services connected to the Website and/or the App;
g)
attempt
to impersonate another user or person or use the username of another user;
h)
sell
or otherwise transfer your profile;
i)
use
any information obtained from the Website and/or the App in order to harass,
abuse, or harm another person;
j)
use
the Website and/or the App as part of any effort to compete with us;
k)
decipher,
decompile, disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Website and/or the App that is not already
made public by us;
l)
attempt
to bypass any measures of the Website and/or the App designed to prevent or
restrict access to the Website and/or the App, or any portion of the Website
and/or the App;
m)
harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you;
n)
delete,
or attempt to delete, the copyright or other proprietary rights notice from any
of our content;
o)
upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Website and/or the App or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Website and/or the App;
p)
upload
or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels,
web bugs, cookies, or other similar devices (sometimes referred to as “spyware”
or “passive collection mechanisms” or “pcms”);
q)
except
as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Website and/or the App, or using or launching any unauthorized
script or other software;
r)
disparage,
tarnish, or otherwise harm, in our opinion, us and/or our Services, and use our
Services in a manner inconsistent with any applicable laws or regulations.
YOUR CONTENT
If you provide any content
to the Services, including reviews, comments, materials, information on forums
or message boards, images, videos, audio files, newsletters, blogs, documents
or any other content (the “Content”), you grant us and our successors and
assign, unrestricted, unlimited, worldwide,
non-exclusive, royalty-free, perpetual, irrevocable, and transferable license
to host, use, copy, distribute, transmit, modify, prepare derivative works of
such Content for any purpose, commercial or otherwise. You
also grant us the right to use your name in connection with the submitted
materials and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you shall
have no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to us. We
have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change the Content; (2) to re-categorize any Contents to place them
in more appropriate locations on the Website; and (3) to pre-screen or delete
any Contents at any time and for any reason, without notice. We have no
obligation to monitor your Contents.
We do not guarantee any
confidentiality with respect to Content, regardless of whether or not it is
published. You are solely responsible for your own Content and the consequences
of posting or publishing it. You represent and warrant that you own or have the
necessary licenses, rights, consents and permissions to your Content including
the right to authorize us to use the Content in the manner contemplated by the
Services and these Terms of Service.
We neither endorse nor
assume any liability for any Content. We generally do not pre-screen, monitor,
or edit Content. However, we have the right at their sole discretion to remove
any Content that, in our judgment, does not comply with these Terms of Service
and any other rules of user conduct for the Services, or is otherwise harmful,
objectionable, or inaccurate. We are not responsible for any failure or delay
in removing any such Content. You hereby consent to such removal and waive any
claim against us arising out of such removal of any Content, whether it is your
own or another user’s.
With respect to your
Content, you thereby represent and warrant that:
a)
the creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your
Content do not and will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade secret, or moral rights of
any third party;
b)
you are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to use and to
authorize us, the Website, and other users of the Website to view your Content
in any manner contemplated by the Website and these Terms of Services;
c)
you have the written consent, release, and/or
permission of each and every identifiable individual person in your Content to
use the name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Content in any manner contemplated by the
Website and these Terms of Services;
d)
your Content is not false, inaccurate, or
misleading;
e)
your Content is not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise objectionable
(as determined by us);
f)
your Content does not ridicule, mock, disparage,
intimidate, or abuse anyone;
g)
your Content does not advocate the violent
overthrow of any government or incite, encourage, or threaten physical harm
against another;
h)
your Content does not violate any applicable
law, regulation, or rule;
i)
your Content does not violate the privacy or
publicity rights of any third party;
j)
your Content does not contain any material that
solicits personal information from anyone under the age of 18 or exploits
people under the age of 18 in a sexual or violent manner;
k)
your Content does not violate any federal or
state law concerning child pornography, or otherwise intended to protect the
health or well-being of minors;
l)
your Content does not include any offensive
comments that are connected to race, national origin, gender, sexual
preference, or physical handicap; and
m)
your Content does not otherwise violate, or link
to material that violates, any provision of these Terms, or any applicable law
or regulation.
Any information or
Content posted to the Services by you is the sole responsibility of the person
from whom such Content originated, and you access all such information and
Content at your own risk, and we aren’t liable for any errors or omissions in
that information or Content or for any damages or loss you might suffer in
connection with it. We cannot control and have no duty to take any action
regarding how you may interpret and use the Content or what actions you may
take as a result of having been exposed to the Content, and you hereby release
us from all liability for you having acquired or not acquired Content through
the Services. We can’t guarantee the identity of any users with access to
the Services and are not responsible for which users gain access to the
Services. Any use of the Services in violation of the foregoing violates
these Terms of Service and may result in, among other things, termination or
suspension of your rights to use our Services.
MOBILE APPLICATION LICENSE
If you access the
Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless
electronic devices owned or controlled by you, and to access and use the mobile
application on such devices strictly in accordance with the terms and
conditions of the Terms of Service.
The following terms
apply when you use the App obtained from either the Apple Store or Google Play
to access the Services:
a)
the license granted to you for the App is
limited to a non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems;
b)
in the event of any failure of the App to
conform to any applicable warranty, you may notify us and we may endeavor to
correct such failure, but will have no warranty obligation whatsoever with
respect to the App;
c)
you represent and warrant that (i) you are not located in a country that is subject to a
U.S. government embargo, or that has been designated by the U.S. government as
a “terrorist supporting” country and (ii) you are not listed on any U.S.
government list of prohibited or restricted parties;
d)
you must comply with applicable third-party
terms of agreement when using the mobile application, e.g., if you have a VoIP
application, then you must not be in violation of their wireless data service
agreement when using the mobile application; or you acknowledge and agree that
our App partners are third-party beneficiaries of these terms and conditions,
and that each such App partners will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Terms of Service against you as a
third-party beneficiary thereof.
SOCIAL
MEDIA
As part of the
functionality of the Services, you may link your account with online accounts
you have with third-party service providers, such as Facebook and Google (each
such account, a “Third-Party Account”) by either: (1) providing your
Third-Party Account login information through the Website and/or the App; or
(2) allowing us to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party
Account.
You represent and
warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service
provider of the Third-Party Account.
By granting us access to
any Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided to and
stored in your Third-Party Account (the “Social Network Content”) so that it is
available on and through the Services via your account and (2) we may submit to
and receive from your Third-Party Account additional information to the extent
you are notified when you link your account with the Third-Party Account.
Depending on the
Third-Party Accounts you choose and subject to the privacy settings that you
have set in such Third-Party Accounts, personally identifiable information that
you post to your Third-Party Accounts may be available on and through your
account on the Website and/or the App. Please note that if a Third-Party
Account or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service provider, then
Social Network Content may no longer be available on and through the Website
and/or the App.
PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS.
We make no effort to
review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content. You can
deactivate the connection between the Services and your Third-Party Account by
contacting us using the contact information below or through your account
settings (if applicable).
ELIGIBILITY
TO USE SERVICES
THE SERVICES ARE NOT AVAILABLE TO ANY PERSONS UNDER
THE AGE OF 18. By using the Services, you affirm (a) that you are at least 18
years of age; (b) any information you provide to us is accurate and truthful
and you will maintain the accuracy of such information; (c) you are legally
permitted to use and access the Services and take full responsibility for your
access, selection and use of the Services; (d) your use of the Services does
not violate any applicable law or regulation; and (e) you will maintain accurate
information with us.
You will neither use nor permit others to use the
Services (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or
obscene purpose; (b) to create any virus, worm, Trojan horse, or harmful code;
(c) for any illegal or unauthorized purpose; (d) to violate any federal, state,
or local laws, including those to such areas as libel, slander, defamation,
trade libel, product disparagement, harassment, invasion of privacy, tort,
obscenity, indecency, and copyright or trademark infringement; or (e) to alter,
steal, corrupt, disable, destroy, trespass, or violate any security or
encryption of any computer file, database, or network.
YOUR RIGHTS AND RESPONSIBILITIES
You are responsible for providing accurate information
to us about yourself, and to inform us if and when that information
changes. We cannot be responsible for incomplete and/or inaccurate
information. You agree that under no circumstances may you
impersonate a Creator or represent that you are any individual or entity
different from your actual identity. We will ban any users who
knowingly impersonate others.
If you are a Creator, you agree to perform at your
Event when you are booked through our Services, unless you must cancel due to
extenuating circumstances. You understand and agree that when you
create schedules with us, you are agreeing to perform at any events you are
booked at during that schedule’s time period.
INTERACTION WITH THIRD PARTIES
The Services may contain links to third party websites
that are not owned or controlled by us. You hereby represent and warrant that
you have read and agree to be bound by all applicable policies of any third-party
website relating to your use of the Services and that you will act in
accordance with those policies, in addition to your obligations under this
Agreement. If you provide us with payment information, you are
subject to the privacy policy of our payment
processor, Stripe. We have no control over, and assume no responsibility for,
the content, accuracy, privacy policies, or practices of, or opinions expressed
in any third-party websites. In addition, we will not and cannot monitor,
verify, censor or edit the content of any third-party site. By using the
Services, you expressly relieve and hold us harmless from any and all liability
arising from your use of any third-party website.
OWNERSHIP
All right, title, and
interest in and to the Services, and all material, images and/or text available
on or through the App or Website (including, without limitation, text,
graphics, logos, button icons, images, blog posts, audio clips and software),
are and will remain the exclusive property of us and our licensors. The
Services are protected by copyright, trademark, and other laws of both the
United States and foreign countries. Nothing in the Terms of Service
gives you a right to use LiveNyte, Inc. name or any
of our trademarks, logos, domain names, software, and other distinctive brand
features. You acknowledge that the ownership in any intellectual
property rights (including, for the avoidance of doubt, patents, copyright,
rights in databases and software, trademarks and trade names whether registered
or unregistered and subsisting anywhere in the world) in the Services belongs
to us or our third party licensors. Such intellectual
property laws generally prohibit the unauthorized reproduction, distribution or
exhibition of all text, photographic and graphic (art and electronic) images,
music, sound samplings and other protected materials. The violation of
applicable intellectual property laws may give rise to civil and/or criminal
penalties.
DMCA
NOTICE
We respond to alleged
infringement notices that comply with the Digital Millennium Copyright Act of
1998 ("DMCA"). If you believe that your copyrighted work has
been copied, reproduced or published in a way that constitutes copyright infringement
and is accessible via the Services, please notify support@livenyte.com. For your complaint to be
valid under the DMCA, you must provide the following information in writing:
a)
An electronic or physical
signature of a person authorized to act on behalf of the copyright owner;
b)
Identification of the copyrighted
work that you claim has been infringed;
c)
Identification of the material
that is claimed to be infringing and where it is located on the Services;
d)
Information reasonably sufficient
to permit us to contact you, such as your address, telephone number, and,
e-mail address;
e)
A statement that you have a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or law; and
f)
A statement, made under penalty
of perjury, that the above information is accurate, and that you are the
copyright owner or are authorized to act on behalf of the owner.
This procedure is
exclusively for notifying us that your copyrighted material has been infringed.
The preceding requirements are intended to comply with our rights and
obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute
legal advice. It may be advisable to contact an attorney regarding your rights
and obligations under the DMCA and other applicable laws.
In accordance with the
DMCA and other applicable law, we have adopted a policy of terminating, in
appropriate circumstances, users who are deemed to be repeat infringers. We may
also at our sole discretion limit access to the Services and/or terminate the
accounts of any users who infringe any intellectual property rights of others.
SUPPLEMENTAL
TERMS FOR TICKET SALES
If
you sell tickets through the Services, your activities are also subject to our
Ticket Tax Terms Policy, which is incorporated into these Terms of Service by
reference. You must review and accept the Ticket Tax Terms Policy before
publishing tickets for sale. The Ticket Tax Terms Policy is
available at: https://livenyte.com/ticket_tax_terms.html.
BOOKINGS,
PAYMENTS AND REFUNDS
In the event that a Creator
is booked for an event through our Website or App (an
“Event”), the Business that books the Creator will pay a set fee for the Creator
to perform at the Event (the “Event Fee”). In the event that a Fan
purchases a ticket to an Event through our Website or App, the Fan will pay a
fee for such ticket (the “Ticket Fee”). We will charge a handling
fee and collect a percentage for any Event Fees or Ticket Fees.
If you are a Creator that
is booked through our Services, the Event Fee and Ticket Fees (less our
transaction fees and any fees charged by the payment processor) will be
available in your account 3-7 days after the Event is completed.
If you are a Business and
you book a Creator through our Services, the payment method that you choose
(Stripe, Apple Pay or Google Wallet) will be immediately charged for the Event
Fee, plus our transaction fees, plus any fees charged by the payment
processor.
If you are a Fan and you
purchase a ticket to an Event through our Services, the payment method that you
choose (Stripe, Apple Pay or Google Wallet) will be immediately charged for the
Ticket Fee, plus our transaction fees, plus any fees charged by the payment
processor.
If a Business is unable to
host an Event and requests us to refund Ticket Fees, we will refund
all Ticket Fees to Fans, less our payment processor’s handling fees for
said Event. If a Creator is unable to fulfill his/her obligation to perform at
an Event, the Creator and/or Business may request us to reverse the charge to
the Business, which we will determine at our sole discretion. The reversed
charge may be less any payment processor handling fee.
In the event of a dispute
between a Business and a Creator, we will withhold payment of the Event Fee
until the dispute is resolved. Businesses and Celebrities
acknowledge and agree that we are not responsible for resolving any dispute and
we are not financially liable to either party to a dispute.
DIGITAL GOODS AND SUBSCRIPTIONS TRANSACTIONS
As a Creator you may
create your Content (such as digital content and media, photos, videos, blogs,
newsletters) and make available such Content for purchase in our market place
to your Fans through our Services (“Creator Content”). A Creator may offer the Creator
Content for free
or for a subscription fee or for a one-time fee for
viewing a particular Content, to be determined in Creator’s discretion. A Fan may choose to
subscribe to Creator account via the Services to access Creator Content and may
agree to incur any such fees. Creator will set prices for their Creator Content
through the Services, and may change the prices at its sole discretion through
their Creator account. Creator will use a third party
payment processing company (Stripe) as determined by us to process payment
information from Fan via the Services.
This provides the Creator
with the option to generate revenue by selling its Content in the market place
to Fans. By providing the Creator Content for a fee, the Creator is granting only
a limited license to the Fan to view or use the Content. Such Content is not
permitted for distribution by the Fan to any third party and is only available
for personal viewing or use. Such Creator Contents will be available to the Fan
by way of a Creator account membership offered by the Creator to the Fan to
view and/or use such Contents or a one-time fee for viewing a particular Content,
through our Services.
In order
to facilitate such transactions in the market place, we will collect a transaction
fee (a percentage of the transaction and a flat fee), plus any fees charged by
the payment processor on every transaction (“Transaction Fee”). The fee may
vary based on the type item that is being sold. Fans must note that such
fees, once paid, are non-refundable and the Fan will not be entitled to refund
of the fee either from the Creator or the Transaction Fee from us. However,
Fans are free to cancel the subscription to the Creator account at any time. The
payment for such transactions will be available to the Creator in his/her
account within 3-7 days after the transaction is completed. LiveNyte
does not handle
tax payments, but we collect tax identification information and report this to
tax authorities as legally required. You are responsible for reporting any
taxes that are required to be collected and/or paid on any transaction and we
will not be held accountable or liable for any taxes that any party to the
transaction is required to pay or collect.
The Fan agrees to abide by all copyright notices,
trademark rules, information, and restrictions contained in any Content you
access through the Services, and the Fan will not use, copy, reproduce, modify,
translate, publish, broadcast, transmit, distribute, perform, upload, display,
license, sell, commercialize or otherwise exploit for any purpose any Content
owned by the Creator, (i) without the prior written
consent of the Creator of that Content or (ii) in a way that violates someone
else’s including our rights. The Disclaimer and Limitation of
liability provision contained in these Terms of Service will be applicable to
such transactions in the market place.
CALIFORNIA
RESIDENTS
If you are a California
resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints
to the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs by contacting them in writing at 1625
North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800)
952-5210 or (916) 445-1254.
TERM
AND TERMINATION
THESE TERMS SHALL REMAIN
IN FULL FORCE AND EFFECT WHILE YOU USE THE SERVICES. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. Upon any
breach by you of this Agreement, we may pursue, in our sole discretion, all of
our legal remedies, including but not limited to termination of your account
and your ability to access this Services. You agree that any termination of
your access to the Services may be affected without prior notice, and you
acknowledge and agree that we may immediately deactivate or delete your account
and all related information and material in your account and/or bar any further
access to such information or to the Services. Further, you agree that we are
not liable to you or any third party for any termination of your access to the
Services.
THE SERVICES ARE
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR THE APP,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS
IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS
A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE WEBSITE.
WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR
CONTENT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES OR CONTENT. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
PARTICULARLY, WE MAKE NO
GUARANTEES AS TO THE ACCURACY OF THE INFORMATION ON OUR WEBSITE OR APP ABOUT
ANY FANS, BUSINESSES OR CELEBRITIES. THE INFORMATION PROVIDED THROUGH OUR SERVICES
SHOULD NOT BE RELIED UPON, AND YOU SHOULD ALWAYS CONDUCT YOUR OWN INDEPENDENT
INVESTIGATIONS OF ANY FANS, BUSINESSES OR CELEBRITIES FEATURED ON OUR
SERVICES. IF YOU ARE A BUSINESS, YOU MUST UNDERTAKE YOUR OWN
INVESTIGATION TO ENSURE THAT ANY CELEBRITIES ARE IN FACT THE CELEBRITIES THEY
PURPORT TO BE. HOWEVER, WE WILL REVERSE ANY BOOKING THAT WAS MADE BY
AN IMPERSONATOR.
WE TAKE NO RESPONSIBILITY FOR THE EVENTS OR SERVICES
THAT WE RECOMMEND OR FEATURE ON OUR SERVICES. ANY EVENT OR SERVICE THAT YOU USE
OR ATTEND AS A RESULT OF YOUR USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.
LIVENYTE IS NOT RESPONSIBLE FOR WITHHOLDING, COLLECTION
AND PAYMENT OF ANY DIRECT OR INDIRECT TAXES, DUTIES, LEVIES ON ANY TRANSACTIONS
UNDERTAKEN AMOUNG THE USERS THROUGH THE SERVICES. FURTHER, THE USER IS SOLELY
RESPONSIBLE FOR MAKING THE REQUIRED FILINGS AND REPORTING SUCH TRANSACTIONS
WITH APPROPRIATE AUTHORITIES. YOU SHOULD CONSULT YOUR OWN TAX, LEGAL AND
ACCOUNTING ADVISORS BEFORE ENGAGING IN ANY TRANSACTION THROUGH OUR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OR
OUR DIRECTORS, EMPLOYEES, OFFICERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO US FOR ANY PRODUCTS OR SERVICES PURCHASED BY YOU DIRECTLY FROM
US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS AS LIMITED BY APPLICABLE LAW.
INDEMNIFICATION
To the maximum extent permitted by applicable law, you
agree to hold harmless and indemnify LiveNyte, Inc.
and its employees, officers, agents, or other partners, from and against any
third party claim arising from or in any way related to your use of the
Services, including any liability or expense arising from all claims, losses,
damages (actual and/or consequential), suits, judgments, litigation costs and
attorneys' fees, of every kind and nature including physical or monetary harm
or civil or criminal claims arising out of (1) your Content; (2)
use of the Website and/or the App; (3) breach of these Terms of Service; (4)
any breach of your representations and warranties set forth in these Terms of
Service; (5) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful act toward
any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve 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, at your expense, with our
defense of such claims. We shall use good faith efforts
to provide you with written notice of such claim, suit or action. In addition,
you expressly waive and relinquish any and all rights and benefits which you
may have under any other state or federal statute or common law principle of
similar effect, to the fullest extent permitted by law.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Website and/or the App. We will not be liable to you
or any third party for any modification, price change, suspension, or
discontinuance of the Services.
We cannot guarantee the Services will be available at
all times. We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you.
You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in
these Terms of Service will be construed to obligate us to maintain and support
the Website and/or the App to supply any corrections, updates, or releases in
connection therewith.
We reserve the right,
but not the obligation, to:
a)
monitor the Services for violations of these
Terms of Service;
b)
take appropriate legal action against anyone
who, in our sole discretion, violates the law or these Terms of Service,
including without limitation, reporting such user to law enforcement
authorities;
c)
in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contents or any portion thereof;
d)
in our sole discretion and without
limitation, notice, or liability, to remove from the Website or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and otherwise manage the Website in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Services.
GENERAL
PROVISIONS
When you provide
information to us via our App or Website or send e-mails to us, you are
communicating with us electronically. By providing information on our Website or App, you consent to receive communications from
us electronically. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
If any provision of this
Agreement is unenforceable, that provision will be changed and interpreted to
accomplish the objectives of the provision to the greatest extent possible
under applicable law, and the remaining provisions will continue in full force
and effect.
If you are outside the
United States, the laws of your country may be different from those of
California and the United States in numerous respects. There is no practical
way for us to monitor the laws of every country in detail. You accept sole
responsibility for the legality of your actions under laws applying to you.
This Agreement will be
governed by and construed in accordance with the laws of the State of
California. By using the Services, you consent and submit to the exclusive
jurisdiction and venue of the state and federal courts located in northern
California.
This Agreement is void where prohibited by law, and
the right to access and use the Services is revoked in such jurisdictions.
This
Agreement, together with our Privacy Policy, available at https://livenyte.com/privacy.html, constitute the entire
agreement between you and us and governs your use of the Services, superseding
any prior agreements or contemporaneous agreements between you and
us. Please review our Privacy Policy carefully.
Supplemental terms and
conditions or documents that are currently available (such as the FAQs) or may
be posted on the Website or App from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole
discretion, to change, modify, add or remove portions of this Agreement, at any
time. It is your responsibility to check this Agreement periodically for
changes. The latest version of this Agreement supersedes any previous versions
of this Agreement. Your continued use of the Services following the
posting of changes will mean that you accept and agree to the changes. If you
do not agree to the new terms, please stop using the Services.
Questions about the Terms of Service should be sent
to support@livenyte.com.