TERMS OF SERVICE
EFFECTIVE DATE: March 14, 2018
UPDATED ON: March 14, 2018
SPECIAL NOTE FOR FLOWCHAT APPLICATION USERS
Livestar USA Limited
510 Arizona Avenue
Santa Monica, CA 90401
1. Acceptance of Terms
The Application and Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on FlowChat, each of which is incorporated by reference and each of which may be updated by Livestar from time to time without notice to you. In addition, some services offered through the Application or Service may be subject to additional terms and conditions promulgated by Livestar from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
Any modifications to the Terms of Service will be brought to your attention by email to the address you used to register for the Application and by posting at FlowChat. Such modifications will be effective immediately, and will apply to disputes arising under the Terms of Service from the date of posting of the modified Terms of Service forward. Your continued use of Livestar after a modification has been made to the Terms of Service constitutes your acceptance of such modification.
2. Registration and Eligibility
By becoming a FlowChat member (“Member” or “User”), you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your registration for the Application does not violate any applicable law or regulation in your jurisdiction. FlowChat may, in its sole discretion, refuse to offer the Application or Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Application or Service is revoked in such jurisdictions.
3. Age Restrictions
By using and accessing the Application and Services you hereby acknowledge, represent and warrant to Livestar that you are at least twelve (12) years of age and that you possess the legal right and ability to enter into this Agreement and to use the Application and Services in accordance with these Terms of Service.
4. User Accounts
4.1 Account Creation
Each User of the Application will be required to create a user account (“Account”). If you create an Account, you agree to provide current, complete, true and accurate information, and agree to update this information should it change. You agree that we may limit the number of Accounts you are able to create.
4.2 Account Security
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. YOU MAY NOT USE ANYONE ELSE’S ACCOUNT, AND YOU MAY NOT ALLOW ANYONE ELSE TO USE YOUR ACCOUNT EXCEPT AS EXPLICITLY ALLOWED BY LIVESTAR.
You agree to notify us immediately of any compromise of your password, unauthorized use of your Account, or any other breach of security and to provide properly documented evidence as requested by us. You agree that you will be liable for losses incurred by us or another party due to someone else using your Account or password. You agree that we will not be liable for any loss you may incur as a result of someone else using your password or Account, either with or without your knowledge.
Maintaining an external backup of any Wallet address and private key pairs associated with your Wallet will allow you to access the Ethereum Networks or any other form of networks upon which your Wallet is secured. Such a backup will allow the user to fully restore their Wallet at any time without cost or loss of the user’s Virtual Currency. If you do not maintain a backup of your Wallet data outside of the Services, you will be not be able to access the Virtual Currency associated with your Wallet. FlowChat shall not be held responsible or liable for any loss of Virtual Currency in the event that we discontinue or depreciate the Services.
4.3 Account Suspension and Termination
YOU UNDERSTAND AND AGREE THAT WE MAY, AT OUR SOLE DISCRETION AND AT ANY TIME, TERMINATE AND/OR SUSPEND YOUR LIVESTAR MEMBERSHIP ACCOUNT FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO FOR VIOLATION OF THESE TERMS OF SERVICE OR VIOLATION OF ANY OTHER POLICY RELATED TO THE APPLICATION, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION AND/OR SUSPENSION. IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED, YOU WILL HAVE NO FURTHER ACCESS TO THE APPLICATION, AND YOU WILL NOT RECEIVE ANY REFUND OR REIMBURSEMENT FOR PURCHASES OR SUBSCRIPTIONS ASSOCIATED WITH YOUR ACCOUNT.
4.4 No Right to Account Ownership
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO YOUR USER ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF LIVESTAR.
4.5 No Sale or Assignment of Account of Virtual Items
Livestar does not recognize the transfer of a user account(s). Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest you rights, responsibilities or obligations under the terms, either in whole or in part, without the prior written consent of Livestar. Any attempt to do so shall be void and of no effect. Livestar owns, has licensed, or otherwise has rights to all of the content that appears in the Services or on the Application.
4.6 Wallet Address, Private Key, and Backup Capabilities.
You must either import or create a Wallet in order to use FlowChat Wallet. When you create a Wallet, you will be assigned a private key. You will be prompted to download and save a keystore - your private key encrypted with a password. You will be responsible for maintaining the confidentiality of your private key and keystore, and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password, account, or any other breach of security.
We will not be liable for any loss or damage arising from your failure to comply with this paragraph. When you create a Wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your Wallet. Suggested measures include, but are not limited to, the following: (a) creating a strong password that you do not use for any other website or online service; (b) using the backup functionality provided by the Wallet or safeguard your private key and mnemonic phrase on an external hard drive which, all users, especially users who have more than $100,000 USD in assets, are encouraged to do even if they are utilizing the Services’ backup functionality; (c) maintaining the security of your Wallet by protecting the private key and mnemonic phrase associated with your Wallet by, for example, limiting access to your computer and your Wallet; and (d) promptly notifying us if you discover or otherwise suspect any security breaches related to your Wallet.
An encrypted backup of certain information associated with the Wallet can be stored on your device in Keystore JSON format. The private key is connected to the Wallet address and, together, they can be used to authorize the transfer of Virtual Currency to and from that Wallet address. You are solely responsible for maintaining the security of your private key and any mnemonic phrase associated with your Wallet. You must keep your Wallet address, mnemonic phrase, and private key access information secure. Failure to do so may result in the loss of control of Virtual Currency associated with the Wallet.
5. Intellectual Property
5.1 Intellectual Property Rights
“Content” shall mean all digital material on the Application or the Service including, without limitation, software, illustrations, documentation, information, music, pictures, images, textures, photographs, animations, three-dimensional models, video, audio, text, and all other digital material. All Content is protected by both United States law, as well as the laws of various international jurisdictions, including, but not limited to copyright laws, Trademark law, patent law trade secret law and various governmental treaties. Livestar and any agents, affiliates, and licensors relevant thereto own all right, title and interest in and to the Content. Except for any rights specifically enumerated as being licensed to you hereunder, Livestar reserves any and all of its rights to the Content.
You acknowledge and agree that except as set forth herein, all rights, title and interest in and to the Application and in and to all Content are and shall remain the exclusive property of Livestar and/or Livestar’s licensors. Except as expressly provided herein, Livestar and/or its licensors do not grant you any express or implied rights in and/or to the Content and/or the Application and/or Services, and all right, title and interest are retained by Livestar and/or its licensors.
You acknowledge and agree that you will not upload or otherwise transmit in or through the Application any Content that is subject to any third-party rights unless any and all holders of such rights have expressly authorized such activity. Livestar does not endorse and has no control over any Content submitted by a user. Livestar cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content accessed by you using the Application or the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
5.2 No Rights to Data
These Terms of Service are not intended to and do not transfer any right, title or interest in the Content to you. The limited rights granted herein solely relate and involve the specific rights of Livestar listed below and do not extend to other intellectual property rights or interests that exist now or may exist in the future, such rights being fully and completely reserved. Furthermore, Livestar retains sole and complete right, title and interest in and to the Application, Services or other Content, as well as any and all ancillary intellectual property related thereto.
5.3 Specific License and Restrictions
Free of any associated charge or cost to you, Livestar hereby grants you a non-exclusive, non-transferable, limited right license to access, use and display the Services or the Application specifically for personal, non-commercial use only. If at any time, in Livestar’s sole discretion, it is determined that you are utilizing the Application or Services in a manner inconsistent with personal and non-commercial use, or if you otherwise fail to fully comply with these Terms of Service, Livestar may terminate your license to use the Application and Services without notice. Moreover, Livestar reserves the right at any time in the future to charge a service fee and/or other specified fee or charge for continued use of this Application or Services with reasonable notice to you. This license is fully and completely revocable at any time by Livestar, with or without notice and for any or no reason. Livestar makes no warranty as to suitability or use of the Application or Services and limited license granted herein and you acknowledge, agree and otherwise consent that Livestar shall have no liability arising from or in connection with your use of the Application or Services.
Livestar may design or otherwise configure the Application or Services to include certain methods that enable Livestar to identify the specific version of the Application or Services being used by your account. Said configurations may provide Livestar with the ability to amend change or update the version of the Application or Services being utilized without any further notice or interaction with you. In order to do this Livestar retains the right to poll or otherwise access your user account or preferences in order to provide the updated versions of the Application or Services automatically in the most seamless and expeditious manner possible.
By use of the Application or Services you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Application or Services in any way inconsistent with the rights of use provided by the license herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of Livestar; (iii) attempt to access source or object code of the Application or Services, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Application or Services; (v) attempt to disable any digital rights management or copy protection aspects of the Application or Services, not already specifically prohibited by existing laws; (vi) create code, software or other program that incorporates any elements of the Application or Services; (vii) attempt to hack into, compromise or otherwise access the object or source code of the Application or Services for any purposes, personal or commercial, without the express written permission of Livestar; or (viii) interrupt or attempt to interrupt the operation of the Application or Services in any way. To the extent that you fail to comply with the prohibitions listed above, you agree, without any further compensation or remuneration to assign, give or otherwise transfer all concepts and ideas, and all materials, products, related modifications thereto and any independent intellectual property rights developed or prepared by or for you in connection with the Application or Services including without limitation all text, images, music, audio, video and other information, website frames, and all HTML, Java, flash or other code relating thereto, as the exclusive property of Livestar, and all right, title and interest thereto shall vest in Livestar and they shall be deemed to be a “work made for hire” and made in the course of services rendered hereunder. To the extent that title to any such works may not, by operation of law, vest in Livestar or such works may not be considered works made for hire, all right, title and interest therein are hereby irrevocably assigned to Livestar. In the event that you engage any person, other than a regular employee, to design or develop the above listed elements, you will require each such person to execute a written agreement assigning all rights in the work performed by such person in connection with these terms to Livestar. All elements shall belong exclusively to Livestar with Livestar having the right to obtain and hold in its own name all copyright, patent, and trademark registrations, and such other protections as may be appropriate to the subject matter, and any applications, extensions, continuations and renewals thereof and all merchandising rights therein. Moreover, you agree to give Livestar and any person designated by it, any reasonable assistance required to perfect the rights defined in this section.
You agree not to use bots, spiders or other intelligent agent software or methods for any purpose other than accessing publicly posted portions of the Application or Services and then only for the purposes consistent with these Terms of Service.
IN ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR PROTECTIONS PREVIOUSLY SET FORWARD, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE APPLICATION, SERVICES OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.
5.4 Your Grants of Rights
You acknowledge that Livestar does not solicit the submission of Content from users of the Application. However, to the extent you submit any Content you acknowledge and agree that you automatically grant (and represents and warrant that you have the right to grant) the following:
5.4.1 a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Livestar to use, reproduce, distribute, remove, and analyze any of your Content as Livestar may deem necessary or desirable for any purpose in connection with the operation of the Service, including but not limited to for purposes of creating, providing, managing, debugging, testing and/or providing support for FlowChat, and a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Livestar to copy, modify, and reproduce your Content for marketing and/or promotional purposes in connection with Livestar in any media, whether presently known or unknown,
5.4.2 a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to each user of the Application to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content solely for personal, non-commercial use, and
5.4.3 except as set forth herein, the perpetual and irrevocable right to Livestar to delete any or all of your Content from Livestar.com, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party.
You are solely responsible for your Content and the consequences of posting or publishing it. By uploading and publishing your Content, you represent, and warrant that: (1) you are the creator and owner of the Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; or (3) your Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. Livestar reserves all rights and remedies against you if you breach these representations and warranties.
6. Charges and Billing
Currently, there are no fees charged for a membership, which provides limited access and use of some parts of the Application and Service, however, Livestar retains the right to charge fees to access or use the entirety of the Application or Service in the future. Additionally, certain aspects of the Application or Service are only provided and available to those users opting for a paid subscription. These fees and charges are described on the Application, and in the event you elect to use paid aspects of the Application or Services, you agree to the pricing, payment and billing policies applicable to such fees and charges. Livestar retains the rights to add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. At any time following your subscription or activation of your user account, you may access your account information to determine whether it is current and accurate, and, if not, make any necessary and relevant additions, changes or corrections. Your failure to comply with this term (including providing any false or misleading registration data) may result in the immediate suspension or termination of your user account and right or license to access the Application or Services without any refund of any sums you may have paid as a subscriber.
Livestar reserves the right to add, change, delete or discontinue any or all aspects or features of the Application or Service, including, but not limited to, content, financial terms, availability, equipment needed for access or use, or even discontinue, cancel or terminate the Application or Service in its entirety.
You agree to pay all fees or charges incurred by your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars and do not include charges for broadband, telecommunications services, computer (desktop, laptop and mobile) hardware, mobile phones and any other equipment.
You acknowledge and agree that you are solely responsible for obtaining and maintaining all broadband, telecommunications services, computer (desktop, laptop and mobile) hardware, mobile phones and equipment needed to access and use the Application or Service.
6.2 Billing Information
You agree that to the extent that you provide Livestar payment information, you represent that you are an authorized user of the chosen method of payment, and that all payment information you provide, including but not limited to your name, credit card or other payment account identifying number, expiration date, security codes, billing address, and any other payment information will be current, complete, true and accurate.
7. Service Termination, Suspension and Changes
LIVESTAR RESERVES THE RIGHT TO TERMINATE, SUSPEND, OR CHANGE ANY SERVICE OR FEATURE OF THE APPLICATION AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT LIVESTAR SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, OR CHANGE. IN THE EVENT THAT THE APPLICATION IS TERMINATED, SUSPENDED, OR CHANGED, YOU WILL NOT RECEIVE ANY REFUND.
8. Communication Services
The Application may include communication tools to enable you to communicate with other Application Users such as, for example, instant messaging, bulletin boards, forums, communities, personal web pages, blogs, calendars, photo albums, file exchange tools, text, voice and/or video chat areas, and other communication tools (collectively the “Communication Services”). You agree to use the Communication Services only to post, send, and receive communications that are in accordance with the rules of conduct set forth in this Section 9. We reserve the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason or for no reason.
We are not responsible for communications made by other Users via the Communication Services. You acknowledge that communications made via the Communication Services are not controlled or endorsed by Livestar, and that such communications shall not be considered reviewed, screened or approved by Livestar. We are not responsible for communications made by you via the Communication Services. You acknowledge and agree that your communications made via the Communication Services are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Services. You acknowledge and agree that personal information that you communicate via the Communication Services may be seen and used by others and result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Services unless you wish such information to be made permanently available to the public.
You acknowledge and agree that Livestar has the right, but not the obligation, to monitor any communications made via the Communication Services, to alter, remove, or refuse to post or allow to be posted or stored any communications made via the Communication Services, to monitor and/or filter any communication made via the Communication Services, and to disclose any communications made via the Communication Services and the circumstances surrounding the transmission thereof, to any third party in order, (a) to operate the Application, (b) to protect Livestar and its employees, officers, directors, shareholders, agents, representatives, affiliates, Users, and visitors, (c) to comply with legal obligations or governmental requests, and/or (d) to enforce this Agreement.
Communications made via the Communication Services reflect only the views of their authors. Livestar specifically disclaims any liability with regard to communications made via the Communication Services and specifically disclaims any liability with regard to any actions resulting from your participation in any Communication Services.
Some Users may have managerial or moderator status with respect to the Communication Services. Unless specifically so designated, such Users are not authorized Livestar spokespersons, and their views do not necessarily reflect those of Livestar.
9. Rules of Conduct
You agree that you will not:
9.1 Publish, post, upload, transmit, distribute, disseminate or otherwise make available on the Application, including its Communication Services, pyramid schemes, chain letters, junk email, spam, or any duplicative or unsolicited messages, commercial or otherwise.
9.2 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
9.3 Publish, post, upload, transmit, distribute, disseminate or otherwise make available on the Application, including its Communication Services, any material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by Livestar in its sole discretion.
9.4 Publish, post, upload, transmit, distribute, disseminate or otherwise make available on the Application, including its Communication Services, any material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.
9.5 Publish, post, upload, transmit, distribute, disseminate or otherwise make available on the Application, including its Communication Services, any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of the Application, other Users’ access to the Application or other Users’ hardware.
9.6 Except as expressly authorized by Livestar in writing, advertise or offer to sell or buy any goods or services for any purpose.
9.7 Publish, post, upload, transmit, distribute, disseminate or otherwise make available on the Application, or its Communication Services, any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.
9.8 Violate any applicable laws or regulations, or promote or encourage any illegal activity.
9.9 Impersonate another User or create a false identity, including but not limited to identities falsely indicating that the User is another Application User, a celebrity or other well-known person, or a Livestar representative.
9.10 Collect in any manner information regarding any User or Users of the Application, or other information regarding the Application or any part thereof, or distribute such information to any third party.
9.11 Gain or attempt to gain unauthorized access to the Application, to unpublished information or material, to other Users’ Account information, or to computer systems and/or networks connected to the Application, such as through hacking, phishing, password mining, social engineering, and/or any other method to gain or attempt to gain unauthorized access.
9.12 Make false reports to the Application administrators.
9.13 Publish, post, upload, transmit, distribute, disseminate or otherwise make available on the Application any hacks, exploits, cheats, bots, automation software, mods or any other unauthorized third-party software designed to modify the Application experience without the prior express written consent of Livestar.
9.14 Take any action that imposes or may impose (as determined by Livestar in its sole discretion) an unreasonable or disproportionately large load on Livestar’s (or its third party providers’) infrastructure.
9.15 Resell or make any commercial use of the Application without the prior express written consent of Livestar.
9.16 Engage in fraudulent transactions.
9.17 Offer to transfer, buy, auction, rent, lease, loan or sell access to your Application Account.
By providing your email address to Livestar you understand you may receive periodic information regarding current and future services offered by Livestar. You may unsubscribe at any time by following the directions contained in each electronic newsletter.
11. Jurisdictional Issues and Export Control Laws
The Application is controlled and operated by Livestar from its offices within the United States. We make no representation that the Application or the Services are appropriate or available for use in other locations. Those who choose to access the Application or the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree not to use or otherwise export or re-export the Application or Service except as authorized by United States law and the laws of the jurisdiction in which the Application or Services was obtained. Without limited the foregoing, the Application or Services may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
12. Links to Third-Party Sites
The Application may link to third party sites (“Linked Sites”). Livestar does not control these Linked Sites and we are not responsible for the information of the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. Livestar provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Livestar of any Linked Site.
13. Disclaimer of Warranty; Limitation of Liability
To the maximum extent allowed by law, neither Livestar nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “Livestar Parties”) warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through the Service. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom.
YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATION AND THE SERVICE IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. LIVESTAR PROVIDES THE APPLICATION ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATION AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT LIVESTAR WILL HAVE ADEQUATE CAPACITY FOR THE APPLICATION AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. LIVESTAR ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF USE OF THE APPLICATION, OR ANY OTHER LOSS FROM DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MIS-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY LIVESTAR, BY THIRD PARTIES, OR BY YOU OR OTHER THE APPLICATION USERS.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF LIVESTAR, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE APPLICATION LIVESTAR PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE APPLICATION OR BY USE OF THE APPLICATION, THE SERVICES OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LIVESTAR IS TO STOP USING THE APPLICATION, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL ANY LIABILITY OF THE LIVESTAR PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO LIVESTAR OR ITS DESIGNEES FOR THE APPLICABLE SERVICES OR PRODUCTS GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE LIVESTAR PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, THE SERVICES, THE PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APPLICATION OR INTERACTIONS WITH LIVESTAR.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF LIVESTAR AND THE LIVESTAR PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THE LIVESTAR PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE CONTENT AND/OR RELATED INFORMATION PUBLISHED AS PART OF THE APPLICATION FOR ANY PURPOSE. THE CONTENT AND RELATED INFORMATION PUBLISHED AS PART OF THE APPLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
LIVESTAR EXPRESSLY DISCLAIMS ALL REPRESENTATION AND WARRANTIES REGARDING PRODUCTS, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTIES DURING YOUR USE OF THE APPLICATION. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS WITH THIRD PARTIES.
YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, LIVESTAR SHALL NOT BE LIABLE TO YOU FOR THE LOSS OF ANY DATA OR ELECTRONIC FILES, FOR ANY REASON WHATSOEVER.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
14. Termination and Survivability of Terms
These Terms of Service set forth herein continue to remain in full force and effect until such time as terminated by either party. In the event that you terminate or breach these Terms of Service, you will forfeit your right to any and all payments you may have made for pre-purchased access to the Application or Service. You agree and acknowledge that you are not entitled to any refund for any amounts that were pre-paid by the user prior to any termination. Livestar reserves the right, in its sole discretion and without notice, to immediately terminate your user account and access to any or all of the Application, related Services or any portion thereof, at any time without further notice or compensation. Likewise, you retain full discretion to end or terminate your user account and discontinue use of the Application or Service at any time, pursuant to the terms of this Agreement. The provisions of Sections 5 through 9 and 13 through 24 shall survive any termination of this Agreement.
Livestar may assign these Terms of Service, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without Livestar’s express prior written consent.
You agree to defend, indemnify and hold harmless Livestar from and against all claims, losses, costs and expenses (including without limitation court costs and attorney’s fees) arising out of (a) your use of, or activities in connection with the Application or Service; (b) any violation of these Terms of Service by you or through your Account; or (c) any allegation that any Content that you make available via the Application infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
17. Dispute Resolution
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Livestar agree that any cause of action arising out of or related to the Terms of Service or the Application must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Agreement and/or Licensed Application.
By your access to and use of the Application and Services you hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to these Terms of Service, the Application or any of the transactions contemplated herein or related to these Terms of Service or the Application or services thereon (including without limitation, statutory, equitable or tort claims) will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. Livestar will send its notice to your billing address and a copy to the email address you have provided to us (if any). You may send any notice to Livestar to the address listed above.
If the Dispute is not resolved through informal negotiations the Dispute (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in Hong Kong and shall be administered, using the English language, by the Hong Kong International Arbitration Centre (the “HKIAC”) under the HKIAC Administered Arbitration Rules in force at the time of delivery of the arbitration notice, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of HKIAC arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Licensed Application is not authorized in any jurisdiction that does not give effect to all provisions of the End User License Agreement, including without limitation, this section.
The parties agree that any arbitration shall be limited to the Dispute between you and Livestar individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
18. Jurisdiction and Choice of Law
To the extent not covered by the Dispute Resolution provisions above, any disputes between you and Livestar shall be subject to the exclusive jurisdiction and venue of the courts located in the Hong Kong, and shall be governed by, and will be construed under, the law of Hong Kong, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that if you choose to access any Services from outside of the United States, other laws may apply and those laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.
If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
20. Complete Agreement
These Terms of Service, including the documents expressly incorporated by reference, constitute the entire Agreement between you and Livestar with respect to its subject matter. This Agreement supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Livestar with respect to its subject matter and you represent that you have not relied on any such communications in accepting this Agreement.
21. Procedure for Alleging Copyright Infringement
Livestar will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth in our DMCA policy, currently at: www.Livestar.com/DMCA.
22. General Provisions
Our performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of any Services or information provided to or gathered by Livestar with respect to such use.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Livestar shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Livestar.
The parties hereby acknowledge and agree that Livestar would be irreparably damaged if these Terms of Service were not specifically enforced. Therefore Livestar shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Service, in addition to such other remedies as Livestar may otherwise have available to it under applicable laws.