Terms and Conditions
Live Life LIVE
Last updated: 07/09/2019
- Acceptance of Terms
By clicking “I have read and accept,” you agree that your use of the website located at http://www.livelife.live, our products and our mobile application Live Life LIVE (collectively, the “Site”) provided by Company (“Company,” “we” or “us”) will be subject to these Terms and all of the terms incorporated herein by reference.
By accepting these Terms, you represent that you are 18 years of age or older and you are a resident of the United States of America or Canada.
If you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
If you do not agree to every provision of these Terms, you may not access or use the Site, or order, receive or use any services made available through the Site, including without limitation the Live Life LIVE app and any tipping services (collectively, the “Services”).
By accessing or using the Services, you represent and warrant that you have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services.
These Terms may be revised at any time for any reason, and Company may provide you notice of these changes by any reasonable means, including by providing notice through the Site. You can determine when we last updated the Terms by referring to the “Last Updated” legend at the top of these Terms. By continuing to access, browse or use the Site, or order, receive or use the Services, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site, or order, receive, or use Services made available through the Site.
In order to access and use certain areas or features of the Site, you will need to register for an account using your phone number. Each registration is for a single user only.
By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. Any changes to your registration information may be made by submitting such changes to https://livelifelive.zendesk.com. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.
By creating a Company account, you also consent to receive electronic communications from the Company (e.g., via email, SMS text messages, the Site’s performer feedback feature or by our posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes, verification codes, performer feedback and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
By voluntarily providing us with your phone number, you expressly consent and authorize us to send SMS text messages to you at the phone number you provide as a part of our service, including: to access your account, to notify you of feedback and tips, and to provide you with information about the Site. Message and data rates may apply to SMS text messages sent to your mobile phone and the frequency of these SMS text messages is based on your use of the Live Life LIVE service. You acknowledge that consent is not required as a condition of sale.
If at any time you decide that you no longer wish to receive text messages, notices or other communications from us regarding the Site, you may indicate this preference by contacting us at https://livelifelive.zendesk.com.
- Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your tip (including any applicable taxes and other charges) (collectively, as applicable, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your Transaction. In the event you want to change or update payment information associated with your Company account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount deducted as a charge from your tip may vary due to promotional offers, changes to your account or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
- Terms and Pricing
We offer various means to solicit or pay tips to bands or other acts, relating to live performances. Tips are non-refundable.
All prices are shown in U.S. or Canadian dollars, as applicable, and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our Services, we will provide notice of such changes prior to your next payment being due. We will not, however, be able to notify you of changes in any applicable taxes. Your use of our Services after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your account in accordance with the cancellation policies set forth in Section 3, as applicable.
All of our Services are subject to availability, and we reserve the right to reject all or part of a Transaction to discontinue offering certain Services without prior notice.
We will collect applicable sales tax on Services for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
- No Unauthorized Commercial Purposes
You are not permitted to use the Services for commercial purposes other than paying or soliciting tips.
- Site Content
The Site and all material on the Site or contained therein, all text, graphics and other works on the Site, the Site’s design and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site (collectively, the “Site Content”) are owned by us or a third party. These materials are protected under copyright, trademark and other laws. You may not copy, download, transmit, modify, distribute or republish the Site or any portion of the Site, including, without limitation, any of the Site Content without the prior written consent of Company. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Site or any Site Content. Use of any Site Content is prohibited without the prior written permission of Company. As long as you comply with these Terms, Company grants you a personal, non-exclusive, non-transferable, non-sublicenseable right to access and make personal, non-commercial use of the Site in compliance with these Terms. This license is revocable at any time. You shall not, and shall not permit anyone else to, directly or indirectly: (i) remove or alter proprietary notices or labels on or in the Site or Site Content; (ii) engage in any activity that interferes with or disrupts the Site or Site Content; (iii) engage in any unlawful or fraudulent activity or activity that facilitates fraud or unlawful activity; (iv) use the Site to stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity; or (v) use the Site or Site Content other than for their intended purposes.
Any use of the Site or Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.
All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol are registered and unregistered trademarks and service marks owned by Company or its subsidiaries or affiliates or a third party. The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that Company has established in any of its goods, services, names or logos. These trademarks and all other trademarks, service marks, logos and company names (each a “Mark”) used in connection with the Site are the property of Company or third parties and shall remain the property of Company and such third parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Company or such third party that may own such Mark. Your misuse of any such Mark, or any other Site Content, is strictly prohibited.
- User Content
You are solely responsible and liable for all data, information and other materials, including performer feedback (“User Content”), that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including, without limitation, republication) or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, INCLUDING, WITHOUT LIMITATION, THROUGH PERFORMER FEEDBACK, YOU DO SO AT YOUR OWN RISK AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.
- You agree that you will not, and will not permit anyone else to, directly or indirectly:
- Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable;
- Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;
- Forge headers or otherwise manipulate identifiers in order to disguise any user content transmitted through the Site.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
- Rights in User Content
You acknowledge and agree that Company may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Company, its customers or the public.
- Company Feedback
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Company, the Site or our Services (collectively, “Company Feedback”). Company Feedback is non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Company Feedback and shall be entitled to the unrestricted use and dissemination of this Company Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Linked Sites
We have not reviewed all of the websites linked to the Site and are not responsible for the content or functionality of any third-party pages, any other websites linked to the Site, or any products or services offered by third parties linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Company. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Company reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Company. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify Company, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives (collectively, the “Company Parties”) from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Site, Services, any User Content that you Transmit to or through the Site, any Company Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or the Services. You further agree that Company shall have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.
The site, the content, and all products and services are provided on an “as is,” “as available” and “with all faults” basis. To the fullest extent permissible by law, neither company nor the company parties make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the site; (b) the site content; (c) user content; (d) any product or service; or (e) security associated with the transmission of information to the site. In addition, the company parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, that any results will be achieved, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The company parties do not represent or warrant that the site will be error-free or uninterrupted; that defects will be corrected; or that the site, services or the server that makes the site and services available is free from any harmful components, including, without limitation, viruses. The company parties do not make any representations or warranties that the information (including any instructions) on the site or services is accurate, complete or useful. You acknowledge that your use of the site and services is at your sole risk. The company parties do not warrant that your use of the site or services is lawful in any particular jurisdiction, and the company parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these terms.
By accessing or using the site and services, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the site and services.
The company parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
- Limitation of Liability; Waiver
You assume total responsibility and risk for your use of the site and the services. You acknowledge and agree that, in connection with your participation in the services, you may be exposed to a variety of hazards and risk, foreseen and unforeseen, which may or may not be inherent in those activities. These inherent risks include, but are not limited to, serious personal injury, property damage and death. By using the site and the services, you agree and understand that injuries and damages can occur by natural causes or by the acts of other persons or third parties, either as a result of negligence or because of other reasons. You are personally responsible for all costs and/or risks associated with your participation in such activities.
To the fullest extent permitted by applicable law, in no event shall the company be liable for any indirect, special, incidental or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the site, services or content (including, but not limited to, user content and links to third-party sites), or the order, receipt or use of any product or service, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any company party or from events beyond the company parties’ reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the company parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of the company parties (jointly) arising out of or in any way related to the site, or use of any products or services purchased from the site exceed the amount paid for such products or services in the ninety (90) days prior to the event giving rise to such liability. The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute the company parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory.
To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge the company parties from and against, and covenant not to sue any such company for, all claims you have or may have arising out of or in any way related to these terms.
If you are a california resident, you hereby waive your rights under california civil code 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- Disclaimers and Release for Events
Your participation in or attendance at any event or other feature of the services, including any acts, performances or gigs, is at your sole and exclusive risk. The venue may refuse admittance or may ask you to leave an event. By using the services you agree and understand that, in connection with your participation in any event, performance or activity, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, which may or may not be inherent in those activities. These inherent risks include, but are not limited to, serious personal injury, property damage and death (injuries and damages) from exposure to the hazards of events. By using the services, you agree and understand that injuries and damages can occur by natural causes or by the acts of other persons or third parties, either as a result of negligence or because of other reasons. You are personally responsible for all costs and/or risks associated with any event. Notwithstanding anything herein to the contrary, in consideration of being permitted to access and use the services, you hereby, to the fullest extent allowed by law, agree to waive and discharge all claims, release company from all liability and indemnify and hold harmless company and its affiliated entities from any and all liability on account of or in any way resulting from injuries and damages in any way connected with any events or other features or activities associated with the services, or use of the services, losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including event hosts, venue operators, event attendees and others) in connection with the services, any events listed thereon, or the services. You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators and assigns and includes any minors accompanying an attendee at the events.
- ARBITRATION AND CLASS-ACTION WAIVER
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with company and limits the manner in which you can seek relief from us.
You and company agree that any dispute, claim or controversy arising out of or relating in any way to these terms, or the services shall be finally decided by binding arbitration under the rules of the american arbitration association governing consumer disputes.
Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and Company agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. Company further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the Services. Regardless of the forum, you and company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Company agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
- Modifications to the Site and Services
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the provision of any Services at any time.
- Special Admonitions for Use Outside the U.S. and Canada
This Site is hosted in the United States and is intended for use by residents of the United States of America and Canada only. Company does not offer any goods or services to data subjects in the European Union. You cannot download the Live Life LIVE app unless you are located in the United States of America or Canada. The app is not downloadable on the Apple App Store and Google Play store outside the United States of America and Canada. All matters relating to the Site are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order or receive and use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
- Governing Law and Jurisdiction
Company operates the Site from North Carolina, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the state of North Carolina, U.S.A., without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such state. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply. Except as otherwise provided in Section 18, the exclusive forum for the resolution of any dispute relating to these Terms shall be in the state courts of North Carolina, U.S.A., or the United States District Court for the Eastern District of North Carolina and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.
All notices, demands or consents given by you under these Terms will be in writing and will be deemed given when delivered to Company at the following contact: email@example.com. Any notices to you may be made via either e-mail or postal mail to the address in Company’s records or via posting on the Site. Please report any violations of these Terms to Company at the contact listed above.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The following sections will survive the expiration or termination of these Terms and the termination of your Company account: all defined terms and Sections 2, 0, 4, 6 7 through 26, 3, 4, 6, and 7 through 26
These Terms constitute the entire agreement between you and Company relating to your access to and use of the Site and your order, receipt and use of Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Company. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
- Procedure for Making Claims of Copyright Infringement
We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
(b) A description of the copyrighted work that you claim has been infringed
(c) A description of where the material that you claim is infringing is located on the Site
(d) Your address, telephone number and email address
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed