Terms of use agreement

When you use our Services, you are entering into a legal agreement and you agree to all of these terms. You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.


These Terms of Use are effective on October (Date), 2016.


This Terms of Use Agreement (this “Agreement”) is entered into by and between M yrestica Technologies Pvt Ltd (the “LIVEARS”) and “you,” the user of LIVEARS. You agree that by clicking “Join Now” “Join LIVEARS”, “Sign Up” or similar, registering, accessing or using our services, our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”, you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Access to, use of and/or LIVEARS Apps is provided subject to the terms and conditions set forth herein. By accessing, using and/or LIVEARS services, you hereby agree to these terms and conditions.


PLEASE READ THESE TERMS OF USE CAREFULLY. CHANGES MAY HAVE BEEN MADE SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS SERVICE (ALSO REFERRED TO AS "WEBSITE"), WHETHER THROUGH OUR WEBSITE OR THROUGH AN API, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DISCONTINUE USE OF THIS SERVICE IMMEDIATELY. YOU AGREE TO INCORPORATE THESE POLICIES INTO YOUR OWN PRODUCTS THAT MAY BE DERIVED FROM THE SERVICES AND POLICIES RELATING THERETO AND ENSURE THAT YOUR CUSTOMERS ADHERE TO THESE TERMS


Your Notification Portal reserves the right, at its sole discretion, to modify or change these Terms of Use at any time without prior notice by posting them to Your Notification Portal's website. You must visit this page to review the current Terms of Use on a regular basis. Your continued use of the service following any changes to the Terms of Use constitutes your full acceptance of those changes.


By accessing or using the (livears.com ) website, the Livears service, or any applications (including mobile applications) made available by Livears (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by (Myrestica Technologies Pvt Ltd). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.


There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.


ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Livears WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A LAWSUIT.


Purpose

We are a social network and online platform for professionals. Our mission is to connect the people via social networking from nearest locations providing, professional and personal relationships to allow them to be more productive and successful. Our services are designed to promote professional and personal relationships, economic opportunity for our members by enabling you and millions of other professionals to meet, exchange ideas, learn, and find wishes an expression or a strong desire for wellbeing of someone and make decisions in a network of trusted relationships.


Basic Terms

OBLIGATIONS SERVICE ELIGIBILITY

Here are some promises you make to us in this Agreement:


You're eligible to enter into this Agreement and you are at least our “Minimum Age.”


To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one LIVEARS account, which must be in your real name; and (3) you are not already restricted by LIVEARS from using the Services.


“Minimum Age” means (a) 18 years old for the India, China (b) 16 years old for the Netherlands, United States, Canada, Germany, Spain, Australia and South Korea, and (c) 12 years old for all other countries. However, if law requires that you must be older in order for LIVEARS to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 12.


Membership & password

You'll keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups) and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.


Note that for Premium Services purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for the Premium Service controls such an account (which is different from your personal account) and may terminate your access to it.


Notices and Service Messages

You're okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us. If the contact information you provide isn't up to date, you may miss out on these notices. You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date. Please review your LIVEARS.com settings to control and limit what kind of messages you receive from us.


MESSAGES AND SHARING

When you share information, others can see, copy and use that information. Our Services allow messaging and sharing of information in many ways, such as your profile, credibility score and appreciation or depreciation score, wish tags. Information and content that you share or post may be seen by other Members or, if public, by Visitors. Where we have made settings available, we will honour the choices you make about who can see content or information (e.g., sharing to a group instead of your network, changing the default setting content from public to a more restricted view, limiting your profile visibility, or not letting people know when you change your profile, make recommendations or follow companies). We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.


You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.


You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Livears prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Livears upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.


You agree that you will not solicit, collect or use the login credentials of other Livears users.


You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.


You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.


You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.


You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Livears.


You must not access Livears private API by means other than those permitted by Livears. Don't use the Livears APIs for any app that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code. Don't store or cache Livears login credentials


You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Livears users.


You must not use domain names or web URLs in your username without prior written consent from Livears


You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Livears page is rendered or displayed in a user's browser or device.


You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.


You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Livears terms.


Violation of these Terms of Use may, in Livears sole discretion, result in termination of your Livears account. You understand and agree that Livears cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Livears, we can stop providing all or part of the Service to you.


GENERAL CONDITIONS

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Livears account by logging into the Service and completing the form.


If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others). Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.


We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective.date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms. We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any username for any reason.


We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.


You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Livears is not responsible or liable for the conduct of any user. Livears reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.


There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Livears does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Livears is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Livears has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Livears Parties (defined below) harmless for activity related to the Application.


You agree that you are responsible for all data charges you incur through use of the Service.


We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Livears express consent.


Rights and Limits

Livears does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Livears a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy. You promise to only provide information and content that you have the right to share, and that your LIVEARS profile will be truthful. Including but not limited to ("Sharing of Your Information"), ("How We Store Your Information"), and ("Your Choices About Your Information"). You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.


Share only information and content, photos and videos that that you have or you’ve taken or have the right to share. As always, you own the content you post on LIVEARS. Remember to post authentic content, and don’t post anything you’ve copied or collected from the Internet that you don’t have the right to post.


Other Content, Sites and apps, when you see or use others' content and information posted on our Services, it's at your own risk. Third parties may offer their own products and services through LIVEARS, and we aren't responsible for those third-party activities. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. LIVEARS generally does not review content provided by our Members. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it.


You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your Livears account, that app or site can access information on LIVEARS related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Livears is not responsible for these other sites and apps


Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Livears may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.


Service availability, we may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you've posted. We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.


Livears is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law


We have the right to limit how you connect and interact on our Services. We're providing you notice about our intellectual property rights. Livears reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Livears reserves the right to restrict, suspend, or terminate your account if Livears believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts).


Livears reserves all of its intellectual property rights in the Services. For example, Livears, logos and other Livears trademarks, service marks, graphics, and logos used in connection with Livears are trademarks or registered trademarks of Livears. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.


You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.


You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction


The Service contains content owned or licensed by Livears. Livears Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Livears, Livears owns and retains all rights in the Livears Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Livears Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Livears Content


The Livears name and logo are trademarks of Livears, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Livears, except in accordance with our brand guidelines, available.


In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Livears, and may not be copied, imitated or used, in whole or in part, without prior written permission from Livears.


Although it is Livears intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Livears reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Livears, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Livears encourages you to maintain your own backup of your Content. In other words, Livears is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Livears will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.


You agree that Livears is not responsible for, and does not endorse, Content posted within the Service. Livears does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content. Except as otherwise described in the Service's Privacy Policy as between you and Livears, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Livears is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Livears in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Livears, and Livears will not be liable for any use or disclosure of any Content you provide.


It is Livears policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Livears does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Livears is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.


Disclaimer and Limit of Liability

THE SERVICE, INCLUDING, WITHOUT LIMITATION, Livears CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER Livears NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "Livears") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE Livears CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO Livears OR VIA THE SERVICE. IN ADDITION, THE Livears PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.


THE LIVEARS PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE LIVEARS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE LIVEARS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE LIVEARS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.


BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.


THE (LIVEARS) PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.


Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE (LIVEARS) PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE (LIVEARS) CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE (LIVEARS) PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE (LIVEARS) PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE (LIVEARS) PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE (LIVEARS) PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION


YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF (LIVEARS)'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE (LIVEARS) PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE (LIVEARS) PARTIES.


(LIVEARS) IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.


Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Livears's request), indemnify and hold the Livears Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Livears in the defense of any claim. Livears reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Livears.


Arbitration

Except if you opt-out or for disputes relating to: (1) your or Livears's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Livears (whether or not such dispute involves a third party) with regard to your relationship with Livears, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Livears hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Livears will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Livears is a party to the proceeding. This dispute resolution provision will be governed by the Indian Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.


You may opt out of this agreement to arbitrate. If you do so, neither you nor Livears can require the other to participate in an arbitration proceeding. To opt out, you must notify Livears in writing within 30 days of the date that you first became subject to this arbitration provision.


You must include your name and residence address, the email address you use for your Livears account, and a clear statement that you want to opt out of this arbitration agreement.


If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Livears.


Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Livears must be filed within one year after such claim arose; otherwise, your claim is permanently barred.


Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of Gujarat, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE INDIAN CONTRACTS ACT, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Livears exclusively in a Vadodara, in Gujarat India, and to submit to the personal jurisdiction of the courts located in Vadodara for the purpose of litigating all such disputes.


If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Livears's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Livears reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Livears.


Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Livears and governs your use of the Service, superseding any prior agreements between you and Livears. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Livears. Any purported assignment or delegation by you without the appropriate prior written consent of Livears will be null and void. Livears may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.


Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Livears to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Livears provides.


Termination, Account Inactivity, and Removal of Data

We can each end this Agreement anytime we want. Livears or you may terminate this Agreement at any time by notifying with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination Our rights to use and disclose your feedback; Members' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;


General Terms

Here are some important details about how to read the Agreement.


If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.


If we don't act to enforce a breach of this Agreement, that does not mean that Livears has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Livears may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.


We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.


You agree that the only way to provide us legal notice is at the addresses provided



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