Terms of Services
1. Special Notices
This is the User Agreement of Lizalive User Agreement (this
“Agreement”) governs your usage of our services, (hereinafter, “Services”) including
LizaLive Platform, a video streaming website and social network developed by us. You are one party and the
other party is LizaLive or one of its affiliates (“we” or “LizaLive”). For the
purposes of this Agreement, you and LizaLive will be jointly referred to as the “Parties” and
respectively as a “Party”.
When using the Services, you will be subject to
LizaLive’s Privacy Policy and you be subject to additional guidelines or rules that are posted on the
Services or made available to you, or applicable to specific services and features that are disclosed to you in
connection with such services. We may also offer certain paid services, which are subject to any additional terms
or conditions that are disclosed to you in connection with such services.
By using our
Services, or by clicking on "Sign Up" during the registration process, you agree to all terms of this
Agreement. We, at our sole discretion, may revise this Agreement from time to time, and the current version will
be found at the following link: About us>User Agreement. By continuing to avail our Services, you agree to be
bound by the revised Agreement.
You may only use our Service if you are 18 years or older, and
if you are not subject to statutory age limit to enter into this Agreement according to the applicable laws and
regulations in your country.
You shall be solely responsible for the safekeeping of your
LizaLive account and password. All behaviors and activities conducted through your LizaLive account will be deemed
as your behaviors and activities for which you shall be solely responsible.
We do not accept
payments or do business with individuals or entities in Cuba, Iran, North Korea, Sudan, Syria, and the Crimean
region. If you are from such regions, you will be prohibited from using the Services.
2.
Services Content
Our mission is to give people the power to build community, connect the world and share their
beautiful moments. To help advance this mission with a vision to be a content platform inspiring one billion
people's lives, we provide the services described below to you:
i. User Generated
Content.
LizaLive allows users to distribute streaming live, use services, such as chat, bulletin
boards, forum postings, voice interactive services, and to participate in other activities in which you may
create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data
or materials on the Services (“User Content”). Users of the Services may also overlay music, graphics,
stickers, virtual items and other features provided by LizaLive (“LizaLive Features”) onto this
User Content and transmit this User Content through the Services. The views expressed by other users on the
Services (including through use of the virtual gifts) do not represent our views or values.
ii.
Help you discover content, products, and services that may interest you.
We show you ads, offers, and
other sponsored content to help you discover content, products, and services that are offered by the many
businesses and organizations that use LizaLive.
iii. Combat harmful conduct and protect and
support our community.
We employ dedicated teams around the world and develop advanced technical systems
to detect misuse of our Services, harmful conduct towards others, and situations where we may be able to help
support or protect our community. If we learn of content or conduct like this, we will take appropriate action -
for example, offering help, removing content, removing or restricting access to certain features, disabling an
account, or contacting law enforcement.
iv. Global access to our Services
To operate
our global service, we need to store and distribute content and data in our data centers and systems around the
world, including outside your country of residence. This infrastructure may be operated or controlled by LizaLive
and its affiliates.
3. Account
In order to open an account, you will be asked to
provide us with certain information such as an account name and password.
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 the information you
provide to LizaLive upon registration and at all other times is true, accurate, current, and complete to the
best of your knowledge.
We may permit you to register for and log on to the Services via
certain third party services. The third party’s collection, use and disclosure of your information will be
subject to that third party service’s privacy policy. Further information about how LizaLive collects,
uses and discloses your personal information when you link your LizaLive account and with your account on any
third party service can be found in our Privacy Policy.
We reserve the right to disable your
user account at any time, including if you have failed to comply with any of the provisions of these terms, or if
activities occur on your account which, in our sole discretion, would or might cause damage to or impair the
Services or infringe or violate any third party rights, or violate any applicable laws or
regulations.
If you no longer want to use our Services again, and would like your account
deleted, we can take care of this for you. Please contact us via info@lizalive.com, and we will provide you with
further assistance and guide you through the process. Once you choose to delete your account, you will not be able
to reactivate your account or retrieve any of the content or information you have added.
4.
Privacy
Your privacy is important to LizaLive . Please see our Privacy Policy for information relating to how
we collect, use, and disclose your personal information, and how you can manage your online privacy when you use
the Services.
5. Use of the Services
Your access to and use of the Services is subject to
these terms and all applicable laws and regulations. You agree that you will comply with these terms of Services
and LizaLive’s Community Guidelines and will not:
i. create, upload, transmit,
distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic,
invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise
objectionable;
ii. impersonate any person or entity, falsely claim an affiliation with any
person or entity, or access LizaLive accounts of others without permission, forge another person’s identity,
or content of information transmitted via the Services, or perform any other similar fraudulent
activity;
iii. defame, harass, abuse, threaten or defraud users of LizaLive, or collect, or
attempt to collect, personal information about users or third parties without their
consent;
iv. remove, circumvent, disable, damage or otherwise interfere with security-related
features of the the Services or User Content, features that prevent or restrict use or copying of any content
accessible through the Services, features that enforce limitations on the use of the Services or User Content, or
delete the copyright or other proprietary rights notices on the Services or User Content;
v.
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any
part thereof, except and only to the extent that this activity is expressly permitted by the law of your
jurisdiction of residence;
vi. modify, adapt, translate or create derivative works based upon
the Services or any part thereof, except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation;
vii. Interfere with or damage operation of the
Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating
viruses, adware, spyware, worms, or other malicious code;
viii. manipulate identifiers in order
to disguise the origin of any User Content transmitted
ix. interfere with or disrupt the
Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Services; use the Services in any manner that could interfere with,
disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable,
overburden or impair the functioning of the Services in any manner;
x. attempt to circumvent
any content filtering techniques we employ, or attempt to access any service or area of the Services that you are
not authorized to access;
xi. use the Services for any illegal purpose, or in violation of any
local, state, national, or international law or regulation, including, without limitation, laws governing
intellectual property and other proprietary rights, data protection and privacy.
LizaLive
takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting
therefrom, nor is LizaLive liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity,
pornography or profanity you may encounter when using the Services. Your use of the Services is at your own risk.
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 Services will not contain any content that is prohibited by such
rules.
LizaLive is not liable for any statements or representations included in User
Content. LizaLive does not endorse any User Content, opinion, recommendation, or advice expressed therein,
and LizaLive expressly disclaims any and all liability in connection with User Content. To the fullest
extent permitted by applicable law, LizaLive reserves the right to remove, screen or edit any User Content
posted or stored on the Services at any time and without notice, including where such User Content violates these
terms of Use of the Services or applicable law, and you are solely responsible for creating backup copies of and
replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the
Services in violation of the foregoing violates these terms of Use of the Services and may result in, among other
things, termination or suspension of your rights to use the Services.
6. Virtual Items
You can only buy virtual Coins (“Coins”) and virtual gifts (Gifts), send Gifts to others, receive Gifts with monetary value, earn virtual Diamonds (“Diamonds”) and withdraw Diamonds if you are aged 18 (or age of majority in your jurisdiction) or older.
The price of the Coins will be displayed at the point of purchase. All charges and payments for Coins will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider.
You will be responsible for the payment of any Coins purchased by you. Once your purchase has been completed, your user account will be credited with Coins. Coins can be used to purchase Gifts. Coins cannot be exchanged for cash, or legal tender, or currency of any state, region, or any political entity, or any other form of credit. Coins can only be used on LizaLive and as part of our Services, and cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except those designated by us.
Except as otherwise set out in this Agreement, all sales of Coins and Gifts are final, and we do not offer refunds for any purchased Coins and Gifts. Coins and Gifts cannot be converted into or exchanged for cash, or be refunded or reimbursed by us for any reason.
7. Payment Terms
We accept major credit cards, certain debit cards
and/or such other payment methods we may make available to you from time-to-time through our site, as forms of
payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order
through the Service, you authorize us, or our designated payment processor, to charge the account you specify for
the purchase amount. All payments are to be made in United States Dollars, except where other currencies are
offered via the payment methods made available by LizaLive .
Our payment processing partners
may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address,
and date of birth) for the purpose of making payment through its financial institutions and complying with
applicable international, national, federal, state, and local laws and regulations. They may also communicate
directly with you regarding any issues with a payment.
If a purchase has been declined online
due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not
accepted online, please contact customer support via the email address made available to you in connection with
the purchase. For purchases on the Service, you may contact info@lizalive.com.
8. Intellectual Property Rights
All text, data, images,
graphics, audio and/or video information and other materials within the Services provided by LizaLive are
property of LizaLive are protected by copyright, trademark and/or other property rights laws. Nothing in
this Agreement shall be construed as conferring any license of any intellectual property rights or such materials
by LizaLive to you.
By using and/or uploading any live stream content or other content
through a LizaLive Services to publicly accessible areas of LizaLive website, you grant to LizaLive
and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable
rights and license, without any territorial or time limitations and without requiring any approvals and/or
compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of,
distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into
existing or future forms of work, media or technology.
9. Terminating Services
To the
fullest extent permitted by applicable law, LizaLive reserves the right, without notice and in our sole
discretion, to terminate your license to use the Services (including to post User Content), and to block or
prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use
of the Services violates this Agreement or applicable law; (b) you fraudulently use or misuse the Services; or (c)
we are unable to continue providing the Services to you due to technical or legitimate business reasons. This
includes the ability to terminate or to suspend your access to any purchased products or services. To the fullest
extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Services,
(ii) any term of these terms of Services, (iii) any policy or practice of LizaLive in operating the
Services, or (iv) any content or information transmitted through the Services, is to terminate your account and to
discontinue use of any and all parts of the Services.
10. Disclaimers
You shall be fully
responsible for any risks involved in using LizaLive Services. Any use or reliance on LizaLive
Services will be at your own risk.
Under no circumstance does LizaLive guarantee
that the Services will satisfy your requirements, or guarantee that the Services will be uninterrupted. The
timeliness, security and accuracy of the Services are also not guaranteed. You acknowledge and agree that the
Services is provided by LizaLive on an “as is” basis. LizaLive make no representations or
warranties of any kind express or implied as to the operation and the providing of such Services or any part
thereof. LizaLive shall not be liable in any way for the quality, timeliness, accuracy or completeness of
the Services and shall not be responsible for any consequences which may arise from your use of such
Services.
LizaLive does not guarantee the accuracy and integrity of any external links
that may be accessible by using the Services and/or any external links that have been placed for the convenience
of you. LizaLive shall not be responsible for the content of any linked site or any link contained in a
linked site, and LizaLive shall not be held responsible or liable, directly or indirectly, for any loss or
damage in connection with the use of the Services by you. Moreover, LizaLive shall not bear any
responsibility for the content of any webpage that you are directed via an external link that is not under the
control of LizaLive .
LizaLive shall not bear any liability for the interruption of or
other inadequacies in the Services caused by circumstances of force majeure, or that are otherwise beyond the
control of LizaLive . However, as far as possible, LizaLive shall reasonably attempt to minimize the
resulting losses of and impact upon you.
11. Request for information
All requests for
information or documents related to potential, anticipated or current legal proceedings, investigations or
disputes, or for third party user information, from any LizaLive Services must be made using the appropriate
level of legal process, and must be properly served on LizaLive via LizaLive .
12. Modification
of the Agreement
We amend these terms of the Agreement from time to time, for instance when we update the
functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a
single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts
to generally notify all users of any material changes to these terms, such as through a notice on LizaLive
platform. However, you should look at the Agreement regularly to check for such changes. Your continued
access or use of the Services after the date of the new terms constitutes your acceptance of the new terms. If you
do not agree to the new terms, you must stop accessing or using the Services.
13.Refund
Policy
When you make a purchase on the LizaLive Services, you have immediate access to, and use of,
the Ancillary Products and Services you have purchased. Purchases are not refundable except where the purchaser
experienced a technical issue with the purchase, the purchase was fraudulently made, or where otherwise mandated
by law. LizaLive reserves the right to modify this refund policy as set forth below at any
time.
To submit a refund request, you can reach info@lizalive.com.
14- 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
Although we are not subject to United States law, we voluntarily comply with the provisions of 18 U.S.C. § 2257 and its regulations.
All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained in, this Website were required to be over the age of eighteen (18) years at the time the visual image was produced. Records required for all depictions of actual sexually explicit conduct by Title 18 U.S.C. 2257 and its related regulations are on file with the custodian of records set forth below and will be made available to authorized inspectors.
All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. §§ 2257, 2257A and/or 28 C.F.R. § 75, because 1) they do not portray conduct as specifically listed in 18 U.S.C § 2256 (2)(A) (i) through (iv), 2) they do not portray conduct as specifically listed in 18 U.S.C. § 2257A, 3) they do not portray conduct listed in 18 U.S.C. § 2256(2)(A)(v) produced after July 27, 2006, or 4) are otherwise exempt because the visual depictions were created prior to July 3, 1995.
The records required to be kept pursuant to the above referenced laws are kept by the following custodian of records:
Lizalive Database Administrator - info@lizalive.com
15. Other Terms
This Agreement constitutes the entire agreement of agreed items and
other relevant matters between both parties. Other than as stipulated by this Agreement, no other rights are
vested in either Party to this Agreement.
If any provision of this Agreement is rendered void
or unenforceable by competent authorities, in whole or in part, for any reason, the remaining provisions of this
Agreement shall remain valid and binding.
The headings within this Agreement have been set for
the sake of convenience, and shall be disregarded in the interpretation of this Agreement.
These Terms of Service are governed by and construed in accordance with the laws of Cyprus, including compliance with the European Union General Data Protection Regulation (EU GDPR), the UK General Data Protection Regulation (UK GDPR), and other applicable data protection legislation.
Auramin
Agias Elenis 4, Michaelides Building, Floor 1, Flat 104, Nicosia, 1060, Nicosia, Cyprus
Lizalive