The Effective Date of this Agreement is June 1, 2020
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.
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.
You agree to the following conditions for your use of the Services:
You shall not:
● 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.
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:
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
You represent and warrant that:
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.
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.