PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE INCLUDE THE REQUIRE THAT USE OF THE SERVICE BE CONDITIONED ON ALL DISPUTES BETWEEN US BEING RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASSWIDE OR CONSOLIDATED BASIS. THE MANDATORY ARBITRATION PROVISION APPLIES TO USA RESIDENTS AND RESIDENTS THROUGHOUT THE WORLD UNLESS YOU ARE A CONSUMER IN THE EUROPEAN UNION. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE LIVERAISE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE LIVERAISE SERVICE OR, IF YOU ARE A CONSUMER RESIDENT IN THE EUROPEAN UNION, CONTACT US AT LEGAL@LIVERAISE.COM TO DISCUSS ANY CONCERNS YOU MAY HAVE REGARDING THESE TERMS OF SERVICE. IF YOU ARE USING OR OPENING AN ACCOUNT WITH LIVERAISE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF SERVICE; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS OF SERVICE, AND (IV) AGREE TO THESE TERMS OF SERVICE ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
Thank you for using the streaming platform operated by LiveRaise, LLC ("LiveRaise") consisting of the web site available at the URL http://www.LiveRaise.com and all related services, software applications and networks that allow for the authorized streaming and distribution video content over the internet and other data networks (the "LiveRaise Service"). The LiveRaise Service also includes any other sites or services that link to these terms of service (the "Terms of Service"). Other services offered by LiveRaise may be subject to separate terms.
The following Terms of Service for the LiveRaise Service is a legal contract between you, an individual user of at least 13 years of age or a single entity ("you"), and LiveRaise ("us") regarding your use of the LiveRaise Service. If you are a minor, or a parent/guardian of a minor seeking to use the LiveRaise Service, please see section 2 below about minors using the LiveRaise Service.
LiveRaise may offer certain additional services for which you can agree to pay fees to LiveRaise. The applicable terms will be made available on the applicable LiveRaise web page and will supplement these Terms of Service. If you register and/or use any such paid fee services, you will be asked to agree to and comply with the LiveRaise Terms of Sale. You will treat the LiveRaise Terms of Sale as though it is part of these Terms of Service (which it is).
You must be 13 years of age or older to use the LiveRaise Service. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the LiveRaise Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE LIVERAISE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, ARE USING THE SERVICE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF SERVICE .
The LiveRaise Service is also not available to any users, no matter the age or if the user is an entity, if your account has been previously deactivated by us unless we (in our sole discretion) decide to reactivate your existing account or grant you the opportunity to create a new account (see section 16 below for more about suspension or removal).
The LiveRaise Service is owned and operated by LiveRaise. Unless otherwise indicated, all Content and other materials on the LiveRaise Services, including, without limitation, LiveRaise's logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement there of (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). All Materials contained on the LiveRaise Service are the proprietary property of LiveRaise or its subsidiaries or affiliated companies and/or third- party licensors. All trademarks, service marks, and trade names are proprietary to LiveRaise or its affiliates and/or third-party licensors. LiveRaise expressly reserves all rights not expressly granted in these Terms of Service.
Unless otherwise expressly stated in writing by LiveRaise, you are only granted a limited, non-sublicensable license to access and use the LiveRaise Service for your personal or internal business use only (the "Your Limited Right"). In other words, this right which we grant to you is a limited to you and you cannot grant this right to any person or entity without our approval.
Your Limited Right is subject to these Terms of Service. Your Limited Right does not include any of the following: (a) any resale or commercial use of the LiveRaise Service or the Materials; (b) the distribution, public performance or public display of any Materials (except for Broadcaster Content by the Broadcaster posting the Broadcaster Content - this is all explained further below); (c) modifying or otherwise making any derivative uses of the LiveRaise Service or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the LiveRaise Service, the Materials or any information contained in them, except as expressly permitted on the LiveRaise Service; or (f) any use of the LiveRaise Service or the Materials except for their intended purposes. Any use of the LiveRaise Service or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of LiveRaise, is strictly prohibited and your failure to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. Your Limited Right can be terminated by us at any time in accordance with Section 16.
When using the LiveRaise Service, you will be subject to any additional posted guidelines or rules applicable to specific contests, promotions, services and features which may be posted online and/or otherwise notified to you from time to time (the "Guidelines"). All these Guidelines are (and must treat them as if they are) belong to these Terms of Service. In the event of a conflict between any Guidelines or these Terms of Service, we ask you to use common sense and that you contact our [CUSTOMER SUPPORT] but you can and should assume that the terms of these Terms of Service shall prevail.
LiveRaise reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time (for example to reflect updates to the LiveRaise Service or to reflect changes in the law). If LiveRaise makes material changes to these Terms of Service, we will provide you with reasonable prior written notice of these changes, such as by sending an email, posting a notice on the LiveRaise Service or updating the "Last Updated" date above. Please check these Terms of Service and any Guidelines periodically for those changes. Your continued use of the LiveRaise Service after the posting of changes constitutes your binding acceptance of such changes.
Please note that our Service, by its nature, incorporates content that is user generated. We respect content owners and want to promote their lawful use of content as well as their right to remove certain content from our Service if it is being used without permission. Content may include, words, game designer, game publisher, music, and other Content (as defined below) owner rights, it is LiveRaise's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). If you believe that anything in the LiveRaise Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: Ruvin Spivak, General Counsel
Address of Designated Agent: [ADDRESS]; Attention: Copyright Agent
Email Address of Designated Agent: dmca@LiveRaise.com
Please see 17 U.S.C. §512©(3) for the requirements of a proper notification. To be effective, the notification to us must be in writing and must comply with the following minimum requirements:
We will process each written notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you believe that your copyright or other intellectual property rights have been infringed and they are not subject to US law and jurisdiction (for example, if you consider the infringement is subject to the Ecommerce Directive of the European Union), then we invite you to contact us using the procedure set out at section 7) for the US Digital Millennium Copyright Act to the extent relevant. You can contact dmca@LiveRaise.com if you wish to discuss this further with us.
In accordance with the DMCA and other applicable laws around the world, LiveRaise has adopted a policy that it may, in its sole discretion, promptly terminate without notice any user's access to the LiveRaise Service if that user is determined by LiveRaise to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by LiveRaise of infringing activity violations more than twice and/or who has had their Broadcaster Content or any other user submitted content removed from the LiveRaise Service more than twice. LiveRaise may also at our sole discretion limit access to the LiveRaise Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, LiveRaise accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
LIVERAISE, the LiveRaise logos and any other product or service name or slogan contained in the LiveRaise Service are trademarks of LiveRaise or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of LiveRaise or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that LiveRaise may provide you from time to time.
You may not use any metatags or any other hidden text utilizing "LiveRaise" or any other name, trademark or product or service name of LiveRaise without our prior written permission. In addition, the look and feel of the LiveRaise Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of LiveRaise and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the LiveRaise Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
LiveRaise allows certain users ("Broadcaster") to distribute streaming live and prerecorded Content.
If you sign up for an account as a Broadcaster, subject to your compliance with these Terms of Service, LiveRaise hereby grants to you a personal, limited, nonexclusive, nontransferable, freely revocable license to use the LiveRaise Service for the uploading and distributing of authorized digital Content, including videos ("Broadcaster Content").
Unless otherwise agreed to in a written agreement between you and LiveRaise that was signed by an authorized representative of LiveRaise:
You are solely responsible for your Broadcaster Content and the consequences of posting or publishing it. By uploading and publishing your Broadcaster Content, you represent, and warrant that: (1) you are the creator and owner of the Broadcaster Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Broadcaster 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; (3) your Broadcaster Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (4) unless you have received prior written authorization, your Broadcaster Content specifically does not contain any confidential information of LiveRaise or third parties. LiveRaise reserves all rights and remedies against any Broadcasters who breach these representations and warranties.
LiveRaise uses reasonable security measures in order to attempt to protect Broadcaster Content. However LiveRaise cannot guarantee that there will be no unauthorized copying or distribution of Broadcaster Content nor will LiveRaise be liable for any copying or usage of the Broadcaster Content not authorized by LiveRaise. You hereby release and forever waive any claims you may have against LiveRaise for any such unauthorized copying or usage of the Broadcaster Content, under any theory. THE SECURITY MEASURES TO PROTECT BROADCASTER CONTENT USED BY LIVERAISE HEREIN ARE PROVIDED AND USED "AS IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Unless expressly permitted in writing by LiveRaise, you may not sell, rent, lease, share or provide access to your Broadcaster account to any third party, including, without limitation, charging any remuneration (e.g. money) to any third party for access to administrative rights on your Broadcaster account. LiveRaise reserves all available legal rights and remedies to prevent unauthorized use of the LiveRaise Service, including, but not limited to, technological barriers, IP mapping, and in serious cases directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Broadcasters may promote, administer or conduct a promotion on, through or utilizing LiveRaise (a "Promotion"). If you are a Broadcaster and you choose to promote, administer or conduct a Promotion, you must follow the following rules:
11.6.1 You may carry out Promotions to the extent permitted by applicable local law and you are solely responsible for ensuring that you and any Promotions comply with any and all applicable local law obligations and restrictions.
11.6.2 You, at your expense, will be solely responsible for all aspects of your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. LiveRaise has the right to remove your Promotion from the LiveRaise Service for any reason.
11.6.3 LiveRaise is not responsible for and does not endorse or support any such Promotions. You may not indicate that LiveRaise is a sponsor or cosponsor of the Promotion without our express prior written approval in each instance.
11.6.4 ALL Broadcasters should display or read out the following when a Promotion is on their channel:
You agree that your Broadcaster Content will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising ("Guidelines"). For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the LiveRaise Service, or if you are an employee of a company and you decide to discuss or promote that company's products or services through the LiveRaise Service, you agree to comply with the Guidelines' requirements for disclosing such relationships. You, and not LiveRaise, are solely responsible for any endorsements or testimonials you make regarding any product or service through the LiveRaise Service.
In addition to the Broadcaster Content, LiveRaise may provide other third party content on the LiveRaise Services and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. LiveRaise does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, nor we do not update or monitor it, therefore we are not responsible for any Third Party Content on the LiveRaise Service. Users use such Third Party Content at their own risk.
The LiveRaise Service may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). LiveRaise does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the LiveRaise Service are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
The LiveRaise Services may include interactive areas or services ("Interactive Areas"), such as 2-way video communication, chat boxes or web forums, in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the LiveRaise Services ("User Content" and collectively with Broadcaster Content, "Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. BY USING THE LIVERAISE SERVICE, INCLUDING THE INTERACTIVE AREAS, YOU AGREE NOT TO violate any law, contract, intellectual property or other Third Party right or commit a tort, and that you are solely responsible for your conduct while on the LiveRaise Service.
You agree that you will comply with these Terms of Service and all rules of conduct found through the LiveRaise Service and will not:
Further, BY USING THE LIVERAISE SERVICE, INCLUDING THE INTERACTIVE AREAS YOU AGREE NOT TO post, upload to, transmit, distribute, store, create or otherwise publish through the LiveRaise Service any of the following:
LiveRaise takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is LiveRaise liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. YOUR USE OF THE LIVERAISE SERVICE IS AT YOUR OWN RISK. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at LiveRaise's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the LiveRaise Service will not contain any content that is prohibited by such rules. As a provider of interactive services, LiveRaise is not liable for any statements, representations or Content provided by our users in any public forum, personal home page or other Interactive Area. LiveRaise does not endorse any Content or any opinion, recommendation or advice expressed therein, and LiveRaise expressly disclaims any and all liability in connection with Content. Although LiveRaise has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, LiveRaise reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the LiveRaise Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the LiveRaise Service at your sole cost and expense. Any use of the Interactive Areas or other portions of the LiveRaise Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the LiveRaise Service.
If you submit or post User Content to the LiveRaise Service you grant LiveRaise a worldwide, non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any form, format, media or media channels now known or hereafter developed or discovered. You grant LiveRaise and our sub-licensees the right to use the names and likenesses that you submit in connection with such content, if we or they choose.
By submitting or posting User Content to the LiveRaise Service, you agree that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the LiveRaise Service; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting of that User Content in connection with the LiveRaise Service, does not and will not violate these Terms of Service or any applicable law, rule or regulation in your country or elsewhere.
Once you have a LiveRaise account you can purchase products and services (including subscriptions) via LiveRaise. The LiveRaise Terms of Sale explain how this works – please read carefully this important document, which is incorporated by reference into these Terms of Service (this means they legally form part of this document).
While LiveRaise uses reasonable security precautions, you are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and for all activities that occur under your account or password. Please make sure you provide to LiveRaise on registration and at all other times information which will be true, accurate, current, complete and kept up to date to the best of your ability.
If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify LiveRaise at legal@LiveRaise.com.
LiveRaise may permit you to register for and log onto the LiveRaise Service via certain third-party social networks, such as by using Facebook Connect. If you log in via such social networks, the profile information connected to the account you use to log into the LiveRaise Service, including your name and email address, may be used by LiveRaise in order to provide and support your account and to communicate with you. You also acknowledge and agree that LiveRaise may publish information regarding your use of the LiveRaise Service to and in connection with any such third party social network with which you use the LiveRaise Service (unless you tell us otherwise).
LiveRaise reserves the right, without notice and in our sole discretion, to terminate your license to use the LiveRaise Service (including to post Broadcaster Content), and to block or prevent your future access to and use of the LiveRaise Service. This includes LiveRaise having the ability to terminate or to suspend your access to any purchased products or services. Your only remedy with respect to any dissatisfaction with (i) the LiveRaise Service, (ii) any term of these Terms of Service, (iii) any policy or practice of LiveRaise in operating the LiveRaise Service, or (iv) any content or information transmitted through the LiveRaise Service, is to terminate your account and discontinuing use of any and all parts of the LiveRaise Service. In serious cases of breach of these Terms of Service (for example, infringement of LiveRaise's intellectual property rights or actions causing it financial loss), LiveRaise may consider it appropriate to take legal action against you (though we will try to resolve matters amicably with you if possible).
The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):
You agree to indemnify, defend, and hold harmless LiveRaise, its affiliated companies, contractors, employees, agents and its Third Party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the LiveRaise Service, any Content you post, store or otherwise transmit in or through the LiveRaise Service, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. LiveRaise reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify LiveRaise, and you agree to cooperate with LiveRaise's defense of these claims. LiveRaise will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. If you are a Broadcaster, the forgoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or Broadcaster Content.
The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union): TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE LIVERAISE SERVICE AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY LIVERAISE; (B) LIVERAISE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS ("LIVERAISE PARTIES") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE LIVERAISE SERVICE, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) LIVERAISE DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE LIVERAISE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERRORFREE; (D) LIVERAISE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE LIVERAISE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE LIVERAISE SERVICE SAFE, LIVERAISE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE LIVERAISE SERVICE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRYRECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIVERAISE OR THROUGH THE LIVERAISE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 17, THE TERM "LIVERAISE" INCLUDES LIVERAISE'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
Users in the USA and rest of the world (non-EU):
The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL LIVERAISE OR THE LIVERAISE PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE LIVERAISE SERVICE, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM LIVERAISE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, 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 LIVERAISE'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LIVERAISE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE LIVERAISE SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE LIVERAISE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN LIVERAISE AND RECEIVED THROUGH OR ADVERTISED ON THE LIVERAISE SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT LIVERAISE HAS OFFERED THE LIVERAISE SERVICES, BROADCASTER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LIVERAISE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LIVERAISE. LIVERAISE WOULD NOT BE ABLE TO PROVIDE THE LIVERAISE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
The following section only applies to you if you are a consumer resident in the European Union: Neither LiveRaise and its affiliates and partners in all cases, nor you (if you are an individual customer), will be responsible for: (i) losses that were not caused by any breach on their or your part; (ii) any indirect or consequential losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable by both you and us when the Terms of Service were agreed or updated as applicable. If you are a Subscribing Organisation (as defined in section 1 of these Terms of Service) then you are not granted any rights under this section.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH LIVERAISE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LIVERAISE.
You and LiveRaise agree to arbitrate any dispute arising from these Terms of Service or your use of the LiveRaise Service, except that you and LiveRaise are not required to arbitrate any dispute in which either party solely seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and LiveRaise agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to LiveRaise shall be sent to LiveRaise, LLC, Attn: Legal Department, [ADDRESS]. You and LiveRaise further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Los Angeles County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Los Angeles County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and LiveRaise will not commence against the other a class action, class arbitration or other representative action or proceeding.
LiveRaise may provide you with notices, including those regarding changes to LiveRaise's terms and conditions, by email, regular mail or postings on the LiveRaise Services. If given by email, notice will be deemed given twenty-four (24) hours after email is sent, unless LiveRaise is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the LiveRaise Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the LiveRaise Service is deemed given ten (10) days following the initial posting or sooner in the event that we or you have received reasonably clear acknowledgment of such notice form you.
The failure of either you or us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
If any provision of these Terms of Service or any guidelines is held to be unlawful, void, or for any reason unenforceable, then for both you and us that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LiveRaise without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11(b)(ii), 11(c), 11(d), 12, 1520.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and will not be deemed to limit or affect any of the provisions of it.
If you are a consumer resident in the European Union and you disagree with the above, we encourage you contact us as soon as possible after you start using the LiveRaise Service at legal@LiveRaise.com since otherwise they will be binding on you after a reasonable time period (usually 30 days unless there are exceptional circumstances). The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union): YOU AND LIVERAISE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LIVERAISE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The LiveRaise Service is offered by LiveRaise, LLC, located at: [ADDRESS] and email: help@LiveRaise.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
All requests for information or documents must be made using the appropriate level of legal process, and must be properly served on LiveRaise via LiveRaise's registered agent.
Please note that LiveRaise does not accept requests for information or documents, or service of process, via email or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (e.g. the LiveRaise username:
https://www.LiveRaise.com /username), the specific information requested, and its relationship to your investigation.
Please also note that limiting your request to the relevant records (e.g. a limited time period) will facilitate efficient processing of your request.