These Terms of Service (“Terms”) govern your access to and use of Livindi, including any Livindi mobile applications and websites (the “Services”), and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
- Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Livindi and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Livindi provides are always evolving and the form and nature of the Services that Livindi provides may change from time to time without prior notice to you. In addition, Livindi may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Livindi on the Services are subject to change. In consideration for Livindi granting you access to and use of the Services, you agree that Livindi and its parent, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account and with other accounts that you may connect to your Livindi account (such as Facebook or your email). Livindi cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You should also choose a unique password for Livindi that is not the same as any of your other passwords.
- Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Livindi be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
- Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, Livindi needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Livindi to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Livindi for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Livindi, or other companies, organizations or individuals who partner with Livindi, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. For example, if you choose to share a video through your connected Facebook account, we may adapt your Content so that is will display properly.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third-party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Livindi will not be responsible or liable for any use of your Content by Livindi in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
- Your License to Use the Services
Livindi gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Livindi as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Livindi, in the manner permitted by and subject to these Terms.
- Livindi Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Livindi and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Livindi reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Livindi, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend terminate users or reclaim usernames without liability to you.
You may not post Content that:
- Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
- Is a direct and specific threat of violence to others;
- Is furtherance of illegal activities; or
- Is harassing, abusive, or constitutes spam.
- Is objectionable. There is no tolerance for objectionable content.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Livindi, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Livindi’s computer systems, or the technical delivery systems of Livindi’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Livindi (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with
Livindi (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Livindi is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) You must not access Livindi’s private API.
- Copyright Policy
Livindi respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Livindi will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Copyright Agent – Livindi
The Cottages Villa 13
Dorado, PR 00646
- Ending These Term
The Terms will continue to apply until terminated by either you or Livindi as follows.
You may end your legal agreement with Livindi at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us via email email@example.com.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable.
We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect Livindi’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
- Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Livindi and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Livindi Entities”). Each of the subsections below only apply up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
- The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing,
LIVINDI ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Livindi Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Livindi Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Livindi Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIVINDI ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, OR FOR PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, FINE, ASSESSMENT OR ANY OTHER LOSS, DAMAGE, COST OR EXPENSE, INCLUDING ANY ECONOMIC LOSSES, OR OTHER LIABILITY ARISING OUT OF OR FROM, IN CONNECTION WITH, RELATED TO, AS A CONSEQUENCE OF, OR RESULTING FROM THESE TERMS, OR THE PERFORMANCE BY COMPANY OR ITS REPRESENTATIVES OF THE SERVICES OR THE EQUIPMENT, INCLUDING THE:
(1) ACTIVE OR PASSIVE, SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF THE LIVINDI ENTITIES WHETHER BEFORE OR AFTER THE YOUR ACCEPTANCE OF THIS AGREEMENT,
(2) IMPROPER OPERATION OF THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT OR OF LIVINDI’S SYSTEM,
(3) BREACH OF CONTRACT, OR
(4) ANY CLAIMS FOR SUBROGATION, CONTRIBUTION OR INDEMNIFICATION, ANY OF WHICH IS, OR IS ALLEGED TO BE RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) ANY OTHER FAILURE OF THE EQUIPMENT OR THE SERVICES; OR (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE LIVINDI ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID LIVINDI, IF ANY, IN THE PAST TWO MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE LIVINDI ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Waiver and Severability
The failure of Livindi to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Commonwealth of Massachusetts without regard to or application of its conflict of law provisions or your state or country of residence.
All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Middlesex County, Massachusetts, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Commonwealth of Massachusetts (excluding choice of law).
- Waiver of Jury Trial and Limitation of Claims.
You hereby waive the right to trial by jury in any suit, action or other legal proceeding in connection with this Agreement and these Terms. This jury trial waiver cannot be revoked.
All claims, actions or proceedings against Livindi or the Livindi Entities must be commenced within one (1) year after the cause of action has accrued, without extension of time, or said claim, action or proceeding is barred. The time period in this paragraph must be strictly complied with.
- Entire Agreement
We may revise these Terms from time to time, the most current version will always be at https://livindi.com/tos. If the revision, in our sole discretion, is material we may notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Livindi, Inc., a Puerto Rico Company. If you have any questions about these Terms, please contact us mailto:firstname.lastname@example.org.
RELEASE OF CLAIMS
READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY LIMIT OUR LIABILITY. DO NOT USE THE EQUIPMENT IF YOU OBJECT TO ANY OF THE FOLLOWING PROVISIONS. IF YOU USE THE EQUIPMENT, YOU ARE AGREEING TO ACCEPT EACH OF THE FOLLOWING PROVISIONS.
We are providing you equipment (the “Equipment”) and Services. Livindi’s legal responsibilities and liability are as described solely in an agreement with the person paying for the Services and Equipment. Our Services terminate as provided in that agreement.
By using the Services or the Equipment, you agree that:
(i) Upon receipt of the Equipment, you will review the Terms and any enclosed literature and will contact Livindi with any questions or concerns;
(ii) you will provide information necessary for Livindi to set up the Equipment and Services and will notify us promptly if the names, contact data or other information changes;
(iii) you will test the Equipment monthly;
(iv) you will notify Livindi at least two weeks prior (a) to moving from the premises; or (b) changing phone numbers; and
(v) you will notify us immediately if the equipment is damaged or destroyed.
You are responsible for paying, or reimbursing Livindi if Livindi pays, any fines, fees, costs, expenses or penalties assessed against you or Livindi by any court, governmental agency, or other applicable person involving the use of Livindi’s Services or Equipment. You hereby release Company and the Representatives for and from all claims, losses and damages that may arise from your use of the Equipment or Services, except as otherwise set forth in these Terms.
You hereby consent to our intercepting, recording, retrieving, reviewing, copying, using and disclosing the contents of all telephone, video, wire, oral, electronic and other forms of transmission or communication with you (or anyone using your phone or communications) on the one hand, and us and our representatives on the other hand.
You agree that we are not responsible for, and shall have no liability with respect to, service interruption, outages or failure of your telephone service, nor do we have any control over response times for responders.
Effective: April 1, 2019