LIVE3D TERMS OF USE

 

Welcome to LIVE3D. This terms of use agreement and privacy policy (“Agreement”) is an Agreement between LIVE3D, Inc. its subsidiaries, affiliates, and third-party associates of LIVE3D, INC. (“LIVE3D”) which runs a website that allows for the virtual attendance of a variety of events (“Events”) hosted by LIVE3D (the “Website”). The Agreement applies to anyone (referred to as “users”, “user”, “you”, or “your” as applicable) who uses any of the services LIVE3D (referred to as “LIVE3D,” “we,” “us,” and “our) offers which include, without limitation, accessing, or using the Website (collectively, the “Services”).

 

By accessing or using the Services, you acknowledge that you have read this Agreement, including the LIVE3D Privacy Policy, understand it, and agree to be bound by its terms. If you do not agree, then please do not use the Services.

 

The Effective Date of this Agreement is June 1, 2020

 

MODIFICATIONS

 

LIVE3D reserves the right, in its sole discretion, to modify or add to this Agreement at any time, for any reason, with or without notice to you (“Updated Terms”). The Updated Terms shall be included in a revised version of this Agreement accessible through the Website. We may provide notice of significant changes to this Agreement as required by law.

 

Your use of the Services following the posting of any Updated Terms constitutes your unconditional acceptance and agreement to be bound by those changes. You must cease using the Services immediately if you do not agree to be bound by the Updated Terms.

 

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 Services from that point forward.

 

OVERVIEW OF THE SERVICES

 

LIVE3D agrees to provide you with the Services subject to the terms and conditions of this Agreement. LIVE3D’s Services include hosting a website that will broadcast Events to users who have registered for, or purchased tickets to, the Performance.

 

GENERAL CONDITIONS

You agree to the following conditions for your use of the Services:

      The Services are limited to the license provided during ticket purchase; and

      LIVE3D reserves the right to refuse Services to anyone, for any reason, at any time.

 

PROHIBITED USES

You shall not:

 

      Access or try to access non-public areas of the Services, LIVE3D’s computer systems, or the technical delivery systems employed by us for our Services;

      Use any robot, spider, site search/retrieval application(s), or other automated/manual device, process, or means to scrape any portion of the Services or any content from us, including but not limited to, posted items, accounts, Content (as described below), or other user(s) information;

      Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, Content, or code of the Services;

      Gather and use user information for any purpose outside of this Agreement, including but not limited to, spam, chain letters, pyramid schemes, or any other form of unwanted solicitation;

      Transmit any worms or viruses or any code of a destructive nature;

      Develop any third-party applications that interact with the Services without our prior written consent;

      Remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;

      Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time;

      Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity or any other activity that violates this Agreement or any laws in your jurisdiction;

      Record, livestream or screencap any of the LIVE3D Services or Content;

      Sell or use any of the LIVE3D Services or the Content;

      Distribute the public performance or public display of the Content;

      Modify or make any derivative uses of the Services or the Content or any portion of them;

      Use of the Services or Content except for their intended purposes.

 

ACCOUNT

 

You may be required to establish an account on the Website or other supporting service linked to the Website (an “Account”) to access certain portions of the Website. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for your personal use and, unless expressly permitted in writing by LIVE3D, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to your account. You are solely responsible for all use of the Website or Content through your Account. You will ensure the security and confidentiality of your Account ID and will notify us immediately if any Account ID is lost, stolen, or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of your Account or under any Account ID (whether lawful or unlawful) and that any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by you. We may disable your Account or Account ID in our sole discretion without notice or explanation.

 

LIVE3D reserves all available legal rights and remedies to prevent unauthorized use of our Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

 

END USER LICENSE

Your License to use the Website

Subject to your compliance with this Agreement, LIVE3D will permit you to access and use the Website solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement you may have entered into with us including the limitations imposed by the license purchased during ticketing. LIVE3D hereby grants user a nonexclusive, non-assignable, non-transferrable, revocable, limited license to access, interface with, interact with, and use the Services for the limited purpose of virtually attending LIVE3D events or related personal or internal business use (“Website License”).

 

LIVE3D reserves all rights not expressly granted in this Agreement. This license does not permit you to engage in any of the following:

      Resale or commercial use of the LIVE3D Services or the Content, as defined below;

      Distribution, public performance, or public display of the Content;

      Modifying or making any derivative uses of the Services or the Content or any portion of them; and

      Any use of the Services or Content except for their intended purposes.

 

Your License to the Content

Unless otherwise noted on the Website, all content, data, or other information provided through the Website made by LIVE3D including, without limitation, trademarks, logos, visual interfaces, graphics, design, compilation, information, software, computer code, services, text, pictures information, data, sound files, other files, and the selection and arrangement thereof (collectively “Content”) is owned by LIVE3D. You may not, in whole or in part, copy, modify, delete, add to, remove, publish, transmit, augment, transfer, create derivative works, sell, or participate in the sale or transfer of the Website, or in any other way exploit any of the Content, products, or services contained in the Website without the prior written consent of LIVE3D.

 

USE OF DEVICES AND SERVICES

 

Access to the LIVE3D Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any internet connection or mobile fees and charges that you incur when accessing the Services.

 

GEOGRAPHICAL LIMITATIONS

 

Certain Events may be directed to people residing in a particular geographic location, such as within the United States. We do not represent that all Services or Events on or through the Website are appropriate or available in all locations. We may limit the availability of the Website or any service or Performance to any person or geographic area at any time. If you choose to access the Website from outside of the established geographic location, you do so at your own risk.

 

DATA COLLECTION AND USE

 

Acknowledgement of Our Privacy Policy. You expressly consent to the use and disclosure of Personal Information and other data and information as described in the Privacy Policy. Notwithstanding anything in the Privacy Policy, LIVE3D shall have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source) resulting from your access to and use of the Services. To the extent any such data or information is collected or generated by LIVE3D, the data and information will be solely owned by LIVE3D and may be used by us for any lawful business purpose without a duty of accounting to you.

 

Personal Data. If you are providing data to us that is not personal to you, you agree that you have either provided the owner of such personal data notice or received permission from the owner of such personal data, as required by applicable law, for us to: (a) use or disclose the data in accordance with our Privacy Policy, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, (c) provide the data to third parties, and (d) otherwise use and disclose the data in accordance with this Agreement. You acknowledge and agree that LIVE3D may provide data in your Account to any users of your Account to which that data is applicable or personal to.

 

Data Compilations and Aggregation. You give LIVE3D permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other LIVE3D services. For example, this means that we may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users.

 

International Storage. LIVE3D may access or store personal information in multiple countries and states, including countries and states outside of your own country or state to the extent permitted by applicable law.

 

Communications Required by Law. LIVE3D may be required by law to send you communications about the Services or third-party products. You agree that we may send these communications to you via email, other direct message, or by posting them on our Services.

 

INTEGRATION WITH THIRD-PARTY SERVICES

 

LIVE3D may connect to other websites. Before using any third-party integrations, you are encouraged to review the terms on the basis of which the relevant third-party provides its product or service that is the subject of the integration; and to review personal and technical security of the product or service that is the subject of the integration. LIVE3D shall rely on the fact that the you have reviewed those materials and consented to their terms in their entirety.

 

LIVE3D shall not be held liable to and shall not accept any liability, obligation, or responsibility whatsoever for any loss or damage in connection with the third-party integrations. We have no control over such third parties and are not responsible for the content of their services. LIVE3D provides you with third party integrations only for your convenience. This does not imply any endorsement or any association with such third parties. LIVE3D does not warrant the use of the third-party integrations will be uninterrupted or error free. Any concern regarding the third-party services should be directed to the responsible third party.

 

By using any of third-party integrations, you agree that LIVE3D may allow the providers of those third-party applications access to your data as required for the interoperation of such third-party applications with our Services. LIVE3D shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by third-party application providers.

 

USER ACCEPTS AND UNDERSTANDS THIS RISK AND WAIVES ALL RIGHTS TO HOLD LIVE3D RESPONSIBLE IN ANY WAY, FINANCIALLY OR OTHERWISE, FOR THIRD PARTY ERRORS AND RESULTS.

 

Payment Processor Terms

The Website utilizes a third-party payment processor to process payments. The payment processor accepts a variety of payment methods that could include: Paypal, Venmo, Google Pay, Apple Pay, and various credit cards including Visa, Mastercard, American Express, and Discover. To determine the accepted payment method for your purchase please consult the applicable payment screen.

 

 

PHYSICAL PRODUCTS

At times, physical products related to Events hosted on the Website might be available for purchase through the Website.

 

Products available through our website are subject to return or exchange as outlined in the return policy linked below. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.


All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of LIVE3D . We reserve the right to limit or discontinue the sale of any product at any time. Any offer for any product made on this site is void where prohibited.

 

Errors, Inaccuracies, and Omissions

Occasionally, there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or any linked and/or related website is inaccurate at any time without prior notice (including after you have submitted the order). In such case, we will attempt to contact you by email address, billing address, or telephone number to inform you of the change in order status. 

 

Fulfillment of Physical Product Orders

For information on the fulfillment of physical product orders including processing times, shipping information, post-order changes and cancellation, please visit the website of the fulfillment company or reference the information provided on your receipt or order confirmation.

 

PAID SERVICES

 

Events  and other services for which you pay a fee may be subject to additional licenses and agreements. Please refer to the agreement provided at the point of sale for additional information.

 

Ticket Purchases

Tickets are sold on a first come, first served basis and while quantities last. It is your responsibility to check your order and confirm that you received a confirmation or order number to be sure that your order was placed. Only you may be aware of problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

 

Currency

All ticket prices for Events that occur in the United States are stated in U.S. Dollars.

 

Resale & Promotion

Resale of tickets is expressly prohibited. Tickets may not be used for advertising, promotions, contests, or sweepstakes unless formal written authorization is given by us.

 

Postponed or Reschedule Events

If an event is postponed or reschedule, we will endeavor for the ticket to be honored for the rescheduled event date. New tickets will not be issued for most rescheduled events or postponements. We will not refund you for reschedule or postponed events. In the event that an event cannot be rescheduled, you will be issued a refund.

 

Refunds

All sales are final and non-refundable. In the limited circumstances that we issue you a refund for a ticket due to a cancelled event, we will issue a refund of the ticket value paid. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to the package that you purchased. Should you do so, your ticket(s) may be cancelled, and we may, in our sole discretion, refuse to honor tickets or prohibit the future purchase of tickets from your account(s).

 

License & Ejection

An event ticket is a revocable license and we may refuse to honor it in certain circumstances. Tickets may not be redeemed for cash. Breach of terms or rules will terminate your license to redeem your ticket without refund. We reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct, management deems disorderly or otherwise fails to comply with event rules. If you are denied admission or ejected, you will forfeit the ticket and not be entitled to a refund.

 

TERMINATION

 

LIVE3D reserves the right to investigate, terminate, change, suspend, or discontinue the Services or your account, without notice and in our sole discretion and to block or prevent your future access to and use of the LIVE3D Services, including where we reasonably consider that: (1) your use of the Services violates this Agreement or applicable law; (2) you are fraudulently using or misusing the Services; or (3) we are unable to continue providing Services to you due to technical or legitimate business reasons. Our ability to terminate your license includes the ability to terminate or suspend your access to any purchased product or service.

 

INTELLECTUAL PROPERTY RIGHTS, TRADE NAMES AND TRADEMARKS

 

All rights, title, and interest and all intellectual property rights in and to the materials developed independently by LIVE3D or a third party shall vest in and be the sole and exclusive property of LIVE3D or such third party.

 

You shall not, at any time, do, permit, or cause to be done, any act or thing that would tend to impair or dilute LIVE3D’s rights in the Services, or LIVE3D’s trademarks, service marks, or trade names.

 

WARRANTIES AND DISCLAIMERS

 

You represent and warrant that:

      you have the legal right and authority to enter into this Agreement;

      you have the legal right and authority to perform its obligations under this Agreement and to grant the rights and licenses described in this Agreement.

      you are older than the age of 13 years. If you are older than 13 years of age, but under 18 years of age, you represent and warrant that a parent or guardian has reviewed this Agreement and consented to its terms, in their entirety, on your behalf.

 

THE GOODS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND LIVE3D EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. WE MAKE NO GUARANTEE THAT THE WEBSITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT THE WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIVE3D WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.

 

THE GOODS SOLD ON THE WEBSITE ARE NOT MANUFACTURED BY, OR UNDER THE DIRECTION OF, LIVE3D. THE AVAILABILITY ON OUR WEBSITE OF ANY GOOD DOES NOT CONSTITUTE AN AFFILIATION WITH OR ENDORSEMENT OF ANY OF THE GOODS OR THEIR MANUFACTURER. THE GOODS MIGHT BE COVERED BY A MANUFACTURER WARRANTY AND, IF SO, YOU SHOULD CONTACT THE MANUFACTURER DIRECTLY OR FOLLOW ANY INSTRUCTIONS PROVIDED IN THE WARRANTY AGREEMENT PROVIDED AT THE TIME OF SALE. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY BREACH OF THE MANUFACTURER’S WARRANTY CLAIMS AND/OR FOR ANY LOSS OR DAMAGES THAT MAY ARISE OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.


LIMITATION ON LIABILITY

 

LIVE3D SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE WEBSITE, CONTENT, OR SERVICES, EVEN IF LIVE3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF SUBMISSIONS, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. LIVE3D’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE PURCHASE PRICE OF THE GOOD(S) OR SERVICE(S) OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. YOU AGREE THAT LIVE3D WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, LIVE3D’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless LIVE3D, their respective officers, directors, agents, and employees from and against any actions, claims, lawsuits, and causes of action, whether or not involving a third party, collectively defined as “Claims”, and all damages, awards, penalties, liabilities, costs, and expenses, including reasonable attorney’s fees arising out of this Agreement or your use of the Services. These Claims may be related to, but are not limited to: (a) any Content submitted or posted by you, in connection with the Services, or any use of the Services in violation of this Agreement; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable law or rights of a third-party. We may select and retain counsel to represent LIVE3D at your expense. Without limitation, reasonable attorney’s fees and costs shall include attorney’s fees and costs required to enforce this indemnification provision. You shall promptly notify LIVE3D of any claim or intended suit against us.

 

DISPUTE RESOLUTION

 

For any and all disputes you may have with LIVE3D, you agree to first contact LIVE3D and attempt to resolve the dispute informally. In the unlikely event that LIVE3D has not been able to resolve a dispute within 30 days, you and LIVE3D each agree to resolve any Claim(excluding claims for injunctive or other equitable relief) in connection with the Services, including breach or alleged breach of this Agreement by binding arbitration.

 

Unless you and LIVE3D decide otherwise, arbitration will be conducted in Los Angeles, CA. Each party will be responsible for paying its own equally proportionate share of any filing, administrative, and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.

 

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LIVE3D ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

FORCE MAJEURE

 

LIVE3D shall be excused from performance under this Agreement, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of LIVE3D.

 

 

 

 

SEVERABILITY

 

If any portion of this Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms will remain valid and enforceable. Upon such determination that any term is invalid, illegal, or incapable of being enforced, you shall negotiate in good faith with LIVE3D to modify this Agreement to affect the original intent of the drafters as closely as possible to the fullest extent permitted by applicable law.

 

GOVERNING LAW

 

This Agreement is governed by the laws of the State of California, without regard to any conflict of laws rules or principles. LIVE3D’s failure to enforce any right or provision of this Agreement shall not be considered a waiver of those rights.

 

QUESTIONS AND CONTACT INFORMATION

 

Please contact LIVE3D if you have any questions about this Agreement at:

 

jasen@experientialsupply.com


ENTIRE AGREEMENT

 

This Agreement is the complete and exclusive agreement between you and LIVE3D regarding your access to and use of the Services. This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between you and LIVE3D relating to your use of the Services (except for other agreements you may have or will enter with LIVE3D for additional paid or premium services). In the event of any conflict between the terms of any such agreement and this Agreement, then the terms of this Agreement shall control.