IMPORTANT NOTICE FOR RESIDENTS OF NORTH AMERICA ONLY: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW
Subject to the terms and conditions herein, the Services shall enable Users to access certain features, functionality, information and services provided by us and/or our affiliates, which may include, without limitation, providing Users with the ability to
By using the Services, you represent, warrant and covenant that
Further, if you provide information that is untrue, inaccurate, not current or incomplete, or LiveXLive suspects that such information is untrue, inaccurate, not current or incomplete, LiveXLive has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in our sole discretion, with or without notice to you, and without liability or obligation to you or any third party.
If you create a User Account, you are responsible for maintaining the strict confidentiality of your User ID, and you shall be responsible for any access to or use of the Services by you or any person or entity using your User ID or User Account, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. You agree to immediately notify LiveXLive of any unauthorized use of your User ID or User Account. It is your sole responsibility to
We reserve the right to deny access, use and registration privileges to any User of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services. LiveXLive shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 5.
You are solely responsible for your conduct on and in connection with the Services. We want to keep the Services safe and fun for everyone and the use of the Services for unlawful or harmful activities is not allowed. You represent, warrant and agree that, while using the Services, you shall not:
Any violation of these provisions may result in the immediate termination of your right to use the Services. You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations
Notwithstanding the foregoing, LiveXLive grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials.
LiveXLive reserves the right to revoke these exceptions either generally or in specific cases.
LiveXLive reserves the right to investigate and take appropriate legal action against anyone who, in LiveXLive's sole discretion, violates, or is suspected of violating, this Section 6, including, without limitation, reporting you to law enforcement authorities.
The Services utilize technology to protect transmitted digital information, including but not limited to Content (as defined herein). Your use of the Services may be limited by such technology. You acknowledge that, from time to time, LiveXLive may modify or discontinue using such technology. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOUR ACCESS TO THE SITE MAY BE TERMINATED AND YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
As between you and LiveXLive, LiveXLive owns, solely and exclusively, all right, title and interest in and to the Services and all content contained and/or made available on, through or in connection therewith (the "Content"), subject to the exclusions for User Postings discussed in Section 10, below. All such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term "Content" includes, without limitation, all video (and the sound recordings and musical compositions embodied therein), artwork, photographs, illustrations, graphics, logos, copy, lyrics, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services).
Except as expressly set forth herein, the Services are to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services . Except as authorized by these Terms of Service and/or set forth in Additional Terms (e.g., Services that allow for the use of embeddable or viral features, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use any Content without the express, prior written consent of LiveXLive . Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties.
We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce the same to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Services contains elements that infringe your copyrights in your work, please follow the procedures set forth in Section 9 below. Moreover, the framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used by us in connection with the Services.
If you are a copyright owner or an agent thereof and believe that any content or User Postings (as defined herein) on the Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing (as set forth below) the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
Written notification of claimed infringement must be submitted to our Copyright Agent at email@example.com . You may also submit notifications pursuant to this Section by mail, to LiveXLive Copyright Agent, LiveXLive 269 South Beverly Drive Suite #1450, Beverly Hills, CA 90212. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 9, your request to remove the material at issue may not be valid.
If you believe that materials you uploaded or posted on the Services was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to applicable law, to make such materials available to LiveXLive for use on the Services, you may send a counter-notice containing the following information to our Copyright Agent:
If a counter-notice is received by our Copyright Agent, LiveXLive will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the provider of the material or the User, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at LiveXLive's sole discretion.
The Services may provide you and other Users with an opportunity to participate in blogs, web communities and other message, comment and communication features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available photographs, graphics, comments, reviews, links, materials, ideas, opinions, messages, playlists and other information via the Services (each, a "User Posting", and collectively, "User Postings"). By submitting User Postings, you acknowledge and agree that the term "User Posting" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your User Posting.
You understand, acknowledge and agree that all User Postings are the sole responsibility of the User that submitted the User Posting. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit or otherwise make available.
User Postings do not reflect the views of LiveXLive and you understand that by using the Services, you may be exposed to other people's User Postings that could be offensive, indecent or objectionable and, as such, LiveXLive does not guarantee the accuracy, integrity, quality or content of any User Postings. Under no circumstances shall LiveXLive be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available, including as set forth in Section 17, below.
We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever,; provided, however, that LiveXLive shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner.
LiveXLive does not acquire any title or ownership rights in User Postings. After you submit, post, email, display, transmit or otherwise make available any User Posting on or in connection with the Services, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that
Your dealings with, or participation in promotions of, any Third-Parties on or through the Services are solely between you and the Third Party (not LiveXLive). Your participation in Third-Party Services may be subject to any terms and conditions the Third Party may impose.
LiveXLive does not verify, endorse or have any obligations, responsibility, or control over Third-Party Platforms, Third-Party Services, websites operated by Third Parties, or Third-Party business practices, including as set forth below in Section 17. LiveXLive is not responsible for the accuracy of reliability of Third-Party contents, Third-Party Services, Third-Party products, or communications with Third Parties.
We may make certain fee-based products and/or services available to Users of the Services. For example, you may be able to order certain music-related products and/or licenses through the Services. Additional Terms may apply to your use of, access to and purchase of such fee-based products or services and such Additional Terms are incorporated herein by reference. You may only purchase such fee-based products and/or services if, and you hereby represent, warrant and agree that
Please Read the Following Clause Carefully - It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), your and our relationship and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.
Exception - Small Claims Court Claims. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Exception - California Private Attorneys General Act (PAGA) Action. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California's Private Attorneys General Act.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree that any litigation between you and us shall be filed exclusively in state or federal courts located in the State of California and County of Los Angeles (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in California for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service or the Service, you and we agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Certain LiveXLive Apps and other Services may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your device may charge you data access fees in connection with your use of such LiveXLive Apps and other Services, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will LiveXLive be responsible for any such data access fees and charges in connection with your use of any LiveXLive Apps or other Services, including wireless internet, email, text messaging or other charges or fees incurred by you (or any person that has access to your device, telephone number, email address, User Account or other similar information). Further, the use or availability of certain LiveXLive Apps and other Services may be prohibited or restricted by your wireless carrier and/or data access provider, and not all LiveXLive Apps and other Services may work with all wireless carriers, networks, platforms, services or devices.
You agree to release, defend, indemnify and hold harmless LiveXLive, its successors and assigns, directors, officers, employees, representatives, agents, licensors, related companies, suppliers, licensors, service providers, affiliates, and partners, and the officers, directors, employees, agents, and representatives of each of them (collectively, the "LiveXLive Entities") from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees), arising in any way out of or in connection with:
We will promptly notify you of any such claim. LiveXLive Entities reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF LIVEXLIVE ENTITIES TO YOU.
For assistance with technical issues or customer support inquiries, please send an email to email@example.com
When you visit the Site, use the Services or send e-mails to us, you are communicating with us electronically. By doing so, 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.