LivU Terms and Conditions of Use

Date of last modification: 2020/09

1. Introduction

Please read carefully the following provisions of these Terms and Conditions of Use (“Terms of Use”). This is a legal agreement made by and among Clash Arts HK Limited (“LivU”, “we”, “us” or “our”), with registered office at SUITE 3705 HOPEWELL CENTRE, 183 QUEEN'S ROAD EAST, WANCHAI HK and you regarding the use of the LivU software programs and related documentation being installed by you on your device (the “App”). By downloading the App and/or using any of the services enabled by the App (the “Services”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF USE OR LIVU'S PRIVACY POLICY, YOU MAY NOT USE THE APP OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE APP AND/OR ALL SERVICES.

2. Eligibility

2.1 Eligibility to use the App

The license to use the App and/or Services under Section 3.1 shall not be granted to users located in jurisdictions where the App and/or Services are prohibited under applicable laws.

The App and/or Services are intended solely for users, who are;

Any use of, registration or access to the App or Services by a person who does not fulfill the eligibility requirements above is unauthorized, unlicensed, and in violation of these Terms of Use.

LivU may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the App or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you do not fulfill the eligibility requirements above.

2.2 Ability to Contract.

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with the terms and conditions of these Terms of Use.

3. Description of License and Service

3.1 License Grant

Subject to your compliance with the terms and conditions set out in these Terms of Use, LivU grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the App, in object code format, only on your personal computer or mobile device (the “Device”) for the sole purpose of personal use of the App and any other applications that may be explicitly authorized by LivU for use through the App as permitted by these Terms of Use, and if you have downloaded the App from online application stores (the “Application Store”), you shall comply with the terms of use as set forth by the Application Store.

3.2 Your Utilization of Your Device

If your use of the App or Services is dependent upon the use of internet access owned or controlled by a third party, you acknowledge and agree that the license to use the App granted to you under these Terms of Use is subject to you obtaining consent from the relevant third party providing such use of internet access, and by using the App you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the App, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the App or Services will do so in accordance with these Terms of Use.

3.3 Harm to Your Device

YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT. LivU DOES NOT GUARANTEE THE VALIDITY OR COMPATIBILITY OF THE APP AND/OR SERVICES TO YOUR DEVICE AND LivU SHALL NOT BE HELD RESPONSIBLE FOR YOUR DAMAGES AND LOSSES WHICH AROSE DUE TO FAULTS, BUGS, TROUBLES ON YOUR DEVICE, APP, INFORMATION SYSTEMS, ONLINE ACCESS POINT AND NETWORK, ERRORS OF DESIGN, INTERFACE, LINKING, VIRUS INFECTION, DISCONNECTION FROM NETWORK, POWER OUTAGES AND VOLTAGE VOLATILITY, REGARDLESS OF WHETHER SUCH DAMAGES AND LOSSES WERE FORESEEABLE OR ADVISED TO LivU.

3.4 New Versions of the App

LivU, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the App or Services. LivU has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the App or any of the Services. You may have to agree to a renewed version of the Terms of Use in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the App. You acknowledge that LivU may automatically issue any additional features, functions, modifications, updates or upgraded versions of the App and, accordingly, may modify, update or upgrade the version of the App that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.

3.5 No Access to Emergency Services

The App and Services are not intended to replace phone lines and as such are not built to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the App and Services. You acknowledge and agree that: (i) LivU is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the App, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) LivU is not a replacement for your primary telephone service.

3.6 Prevention of Unauthorized Use

LivU reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized use of the App or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier or device manufacturer regarding such unauthorized use.

4. Intellectual Property

4.1 Ownership

The App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The App includes trade secrets and information that is confidential and proprietary to LivU and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the App and Services, including any related documentation and any new releases, modifications, and enhancements thereto, belong solely to LivU or its licensors, if any, including all intellectual property rights therein. The App is licensed to you, not sold. Except as provided in theseTerms of Use, you shall not obtain any rights, title or interests in them, and shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on them (either in whole or in part). There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right subsisting in the App and/or Services. LivU hereby expressly reserves all rights in the App and all Services which are not expressly granted to you hereunder.

4.2 Restrictions

You shall not, and you shall not permit anyone else to, directly or indirectly:

5. Content and prohibited behaviours

5.1 Prohibited behaviours

You further represent that you shall not:

Prohibited behaviours are further described in our Community Guidelines. Everyone using the App is expected to follow the guidelines. Failure to comply with the Community Guidelines may result in your account being suspended or deactivated.

5.2 Content

Content transmitted by the use of the App and Services is entirely the responsibility of the person from whom such Content originated. You use the App and Services at your own risk and understand that by using the App or any of the Services, notwithstanding the restrictions imposed on users under Section 5.1, you may be exposed to Content that is offensive, hateful, threatening, obscene, abusive, racially or ethnically offensive, libelous or defamatory, harmful, indecent or otherwise objectionable. LivU does not endorse any Content and hereby expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the App and/or Services. Each user’s representations under Section 5.1 are solely binding for that user and intended for preserving and enhancing the user experience and ecosystem of the App and the Services. You hereby release and discharge the LivU Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.

5.3 Your Content – be careful with what you share

You may not display any personal contact or banking information on your individual profile page, or anywhere else on the platform, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, you acknowledge that you do so at your own risk.

You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the App or Services and that neither LivU, nor the manufacturer of or OS provider for your Device will be held responsible to you or any third party in connection with any Content. You further agree to pay for all royalties, fees, and any other monies owed to any person by reason of any of your Content. In addition, you represent and warrant that: (a) you are the creator and owner of or have the necessary rights to transmit, display, perform or adapt the Content; and (b) the Content you transmit, display, perform or adapt does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.

VIOLATORS OF THESE THIRD-PARTY RIGHTS OR FAILURE TO PAY ANY ROYALTIES, FEES, AND ANY OTHER MONIES OWING ANY PERSON BY REASON OF ANY OF YOUR CONTENT MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. LivU RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THESE TERMS OF USE, INCLUDING THIS PARAGRAPH, EVEN IF A COURT OR ADMINISTRATIVE DECISION RENDERS LivU LIABLE AND/OR ORDERS LivU TO REMEDY SUCH VIOLATION OF THIRD-PARTY RIGHTS. THIS RESERVATION OF RIGHTS BY LIVU INCLUDES DAMAGES OR LOSSES SUFFERED BY LIVU AS A RESULT OF LIVU BEING SUBJECT TO ADMINISTRATIVE OR CRIMINAL SANCTIONS DUE TO SUCH VIOLATION OF THIRD-PARTY RIGHTS.

5.4 Other Users’ Content

You acknowledge that the Content, including but not limited to information regarding personal and physical appearance, transmitted, displayed or communicated by other users through the App and Services may be incorrect, misleading, or edited electronically in a manner that does not accurately represent such user’ actual information or physical appearance, or may violate your or third parties’ personal or intellectual property rights.

YOU AGREE AND ACKNOWLEDGE THAT LIVU SHALL NOT BE CONSIDERED RESPONSIBLE FOR: (I) THE VIOLATION OF ANY OF YOUR OR THIRD PARTIES’ RIGHTS, INCLUDING PERSONAL RIGHTS AND INTELLECTUAL PROPERTY RIGHTS; AND (II) SUCH INCORRECT OR MISLEADING CONTENT OR INFORMATION, INCLUDING ANY COMMITMENTS COMMUNICATED ORALLY OR IN WRITING, OR EXPECTATIONS OR IMPRESSIONS CREATED BY OTHER USERS TO ENGAGE IN FURTHER COMMUNICATION WITH YOU THROUGH OR OUTSIDE OF THE APP AND/OR THE SERVICES EVEN IF A COURT OR ADMINISTRATIVE DECISION RENDERS LivU LIABLE AND/OR ORDERS LivU TO REMEDY SUCH VIOLATION OF THIRD-PARTY RIGHTS, EXCEPT FOR CASES WHERE LivU IS GROSSLY NEGLIGENT. THIS RESERVATION OF RIGHTS HEREIN BY LIVU INCLUDES DAMAGES OR LOSSES SUFFERED BY LIVU AS A RESULT OF LIVU BEING SUBJECT TO ADMINISTRATIVE OR CRIMINAL SANCTIONS DUE TO SUCH VIOLATION OF THIRD-PARTY RIGHTS.

6. Data privacy

6.1 Privacy Policy

You can find the latest version of the LivU Privacy Policy here. By downloading and/or using the App or any of the Services, you acknowledge that you have read and agree to the LivU Privacy Policy.

6.2 Storage of Content

Subject to the terms and conditions of these Terms of Use, LivU will use reasonable efforts to store your Content, if any, in connection with your use of a Premium Service (as defined in Section 7.1) and/or other types of paid content and items provided under the Service, provided that such storage is a feature provided with the Premium Service and/or of the relevant paid content or items. Notwithstanding the foregoing, you acknowledge and agree that LivU shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content. In addition, you further acknowledge and agree that, if you have elected to use a Premium Service and/or other paid content or items provided under the Service that includes the storage of Content and you are not active on the Premium Service and/or the Service under which the paid content and items are provided for thirty (30) days or longer (as determined by LivU), LivU may delete your Content for any reason, including but not limited to technical, business or any other reasons.

6.3 License Grant to LivU

You hereby authorize LivU to collect and use the address books, contact lists, and unique phone identifiers (IMEI, UDID, or other) contained in the Devices to which you have downloaded the App for purposes of facilitating your use of the App and Services. For more information on our data collection practices, please refer to our Privacy Policy.

6.4 Feedback

Any comments, suggestions, or feedback relating to the App or any of the Services (the “Feedback”) submitted to LivU through the Feedback submission channels provided by LivU to you or the “review” pages of the Application Stores, shall become the property of LivU. You agree that LivU will have exclusive ownership of all rights to the Feedback and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation or attribution to you or any other person. LivU will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the App or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You also acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright. LivU shall exercise its rights under this Section in compliance with the Privacy Policy (see Section 6.1) and the applicable personal data protection laws, including regulations, decisions, policies and announcements issued by competent data protection enforcement agencies.

7. Premium Services and paid content

7.1 Premium Services and other paid content and items.

From time to time, LivU may provide additional features and/or Services that you request and pay for (“Premium Services”). LivU may also offer from time to time in its sole discretion, certain Premium Services and certain paid content and items under the Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references made in these Terms of Use to the “Services” shall include the Premium Services and all types of paid content and items offered under the Services.

Any payment for the Premium Services and any paid content and items offered under the Services that you purchase will first be made using the paid coins that you have purchased via the App. Only after all of your paid coins have been consumed, you then may use your free coins (if any) to pay for such Premium Services and paid content and items.

Subject to LivU’s sole discretion, the Premium Service and paid content and items under the Services may be offered either on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable either in advance, in arrears, per usage, or as otherwise described at the time of your purchase.

If you purchase any Premium Service and/or any paid content and items offered under the Services, you hereby agree to pay all charges to your account, including all applicable taxes and transaction costs, in accordance with our standard billing terms in effect at the time the charges are payable, regardless of whether such costs are charged by the Application Stores.

You agree to abide by any relevant third parties’ terms of service or other legal agreements that govern your use of a given payment processing service and/or method in relation to the App or Services.

If you purchase Premium Services and/or any paid content and items under the Services on a subscription basis, you acknowledge and agree that payments will be made on a recurring basis and by the payment method and payment intervals you have selected, until such subscription for Premium Services and/or paid content and items is terminated.

You agree that if you purchase Premium Services and/or any paid content and items through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will LivU have any responsibility in connection with any of the foregoing. You shall indemnify and hold LivU harmless from any Application Stores’ claims as mentioned under this paragraph, even if a court or administrative agency decides that LivU shall be liable for such question, issue, disagreement or dispute.

7.2 Refunds

You may request a full refund for any Premium Service and/or any paid content and item purchased from an Application Store if permitted by, and pursuant, to the refund rules of the Application Store, subject to the following exceptions: (1) refunds are not available to users who are banned by LivU and/or its community; and (2) full refunds are not available for partially used purchases.

You may request a full refund for any Premium Service and/or any paid content and item purchased outside of the Application Store within 72 hours of purchase by contacting our customer service (see contact details at Section 13.12), subject to the following exceptions: (1) refunds are not permitted by payment channels and/or platforms; and (2) full refunds are not available for partially used purchases. You acknowledge that, upon a successful request, your money will be refunded in the same manner you used to make the original payment.

8. Termination

8.1 Termination by You

You may terminate your use of the Services at any time by deleting your account. If you have subscribed to any Premium Service and/or any paid content and item, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with such Premium Service and/or paid content and items.

8.2 Termination by LivU.

Without limiting any other remedies, LivU may limit, suspend, discontinue or terminate these Terms of Use and/or your use of all or any part of the App and/or Services, with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if LivU believes that you are or may be: (i) in breach of any of the terms of these Terms of Use; (ii) causing LivU to incur any legal liabilities (actual or potential); (iii) delinquent with respect to any charges due for a Premium Service and/or any paid content and items; (iv) infringing a third party’s intellectual property rights or personal rights or performing any forbidden activity listed under Section 4.2; or (v) engaging in prohibited behaviors listed under Section 5.1, including but not limited to child abuse, prostitution, pornography, discrimination based on age, sex, gender, ethnicity, nationality, profession, political stance, religion, scamming, consumption of illegal drugs or substances. You agree that LivU is under no obligation to provide the App and/or Services, including without limitation any Premium Service and any paid content and items, and that no LivU Party (as defined below) shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the App and/or any of the Services.

9. Third parties

9.1 Acknowledgment

This paragraph is intended to apply to you if you have downloaded the App from the Application Stores. You acknowledge that these Terms of Use are concluded between LivU and you only, and not with the Application Stores. LivU, not the Application Stores, is solely responsible for the App and Services and the content thereof in accordance with these Terms of Use. The Terms of Use are not intended to provide usage rules for the App and/or Services that are less restrictive than the usage rules set forth for third-party licensed applications in, or otherwise be in conflict with, the terms of service of the Application Stores as of the date hereof (which you further acknowledge you have had the opportunity to review).

9.2 Third Parties

The App may be incorporated into, and may itself incorporate, software and other technology owned and controlled by third parties. Any such third-party software or technology that is incorporated in the App falls under the scope of these Terms of Use.

9.3 Third Party Fees

For particular Devices, LivU may ask for your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees, which shall be incurred solely at your own cost and risk.

9.4 Third-Party Sites, Products and Services; Links

The Services may include links or references to other web sites or services solely as a convenience to our users (“Reference Sites”). LivU does not endorse any such Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS ACCESSED AND/OR USED SOLELY AT YOUR OWN RISK. We encourage you to be aware of when you leave the App or Services, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. In addition, your correspondence or business dealings with advertisers found on or through the Services are solely between you and such advertisers.

9.5 Third Party Beneficiaries and Agreements

If you downloaded the App from Application Stores, you acknowledge and agree that such Application Stores are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, the Application Stores will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap 623). You agree to comply with, and that your license to use the App and/or Services granted under the Terms of Use, is conditioned upon your compliance with all applicable third-party terms of agreement, including those of any Application Store, , when using the App and/or Services.

10. Amendments to the Terms of Use

10.1 Notices

LivU may provide you with notices, including notices regarding changes to terms and conditions of the Terms of Use, by email, notifications through the App or posts on the LivU website. For notices provided via emails, such notice will be deemed to be given twenty-four (24) hours after the email is sent. You are responsible for providing LivU with your accurate contact details at all times. Notice provided through the App shall be deemed to be given at the time you read or view it. Notice posted on the LivU website shall be deemed to be given ten (10) days following the initial posting. LivU reserves the right to determine the form and means of providing notifications to its users.

10.2 Amendments

LivU reserves the right to amend the Terms of Use at any time by publishing the revised Terms of Use on the LivU website or by otherwise providing notice of such amendment pursuant to Section 10.1. The revised Terms of Use shall become effective following the applicable notice period, unless you expressly accept the revised Terms of Use earlier by clicking on the accept button (where relevant). Your express acceptance or continued use of the App or Services after the applicable notice period shall constitute your acceptance to be bound by the terms and conditions of the revised Terms of Use.

11. Indemnification

"YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, LivU, ITS LICENSORS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING LIVU EACH A “LIVU PARTY” AND COLLECTIVELY THE “LIVU PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF: (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY; (C) YOUR USE OR MISUSE OF THE APP AND/OR ANY OF THE SERVICES; (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE APP AND/OR ANY OF THE SERVICES; OR (E) ANY TAXES RELATED TO YOUR PURCHASE THROUGH THE APP AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES BASED ON THE INCOME OF LivU), EVEN IF A COURT, AN ADMINISTRATIVE AGENCY OR ANY OTHER DISPUTE RESOLVING OR INVESTIGATING BODY DECIDES LIVU SHALL BE HELD LIABLE AND/OR IMPOSES SANCTION ON LIVU. If you downloaded the App from the Application Stores, you acknowledge that, in the event of any third party claim that the App or Services or your possession and use of the App or Services infringes any third party’s intellectual property rights, LivU will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. LivU reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify LivU, and you agree to cooperate with LivU’s defense of these claims. You agree not to settle any matter without the prior written consent of LivU.

12. US sanctions

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and accept that LivU reserves the right to recourse any damage it may incur due to a sanction that may be imposed on it as a result of the usage of the Service or Software by a user in violation of the above representation.

13. General

13.1 Assignment

You are not allowed to assign these Terms of Use or any rights or obligations hereunder. LivU is allowed at its sole discretion to assign these Terms of Use and any rights hereunder to any third party, without giving any prior notice.

13.2 No Warranty

The App and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. The LivU Parties hereby disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.

ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE LivU PARTIES (AND ANY APPLICATION STORES FROM WHICH YOU DOWNLOADED THE APP) WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE APP AND/OR ANY OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APP AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY UNINSTALL THE APP AND CEASE USE OF THE APP AND ALL SERVICES. You further acknowledge that the LivU Parties (and Apple or Google, where relevant) have no obligation whatsoever to furnish any maintenance or support services with respect to the App and/or Services.

THE LivU PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH THE APP OR ANY OF THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE LivU PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE APP OR SERVICES.

13.3 Limitation of Liability

IN NO EVENT SHALL THE LivU PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE APP AND/OR ANY OF THE SERVICES, THESE TERMS OF USE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, INCLUDING BUT NOT LIMITED TO VIOLATION OF YOUR PERSONAL RIGHTS, PRIVACY OF PERSONAL DATA, HACKING OF YOUR DEVICE, CYBER ATTACKS TO YOUR OR THIRD PARTIES’ DEVICES OR NETWORKS WHEREBY YOU ARE CONNECTED TO THE APP AND/OR THE SERVICES, EVEN IF LivU OR ANY OTHER LivU PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, EXCEPT FOR THE CASES WHEREBY SUCH LivU PARTY IS GROSSLY NEGLIGENT.

The foregoing limitations will apply even if the above stated remedy fails for its essential purpose. As some jurisdictions do not allow the enforcement of some of the exclusions or limitations set forth in these Terms of Use, some of these exclusions or limitations may not apply to you. In such an event, the liability of the LivU Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN LivU AND RECEIVED THROUGH OR ADVERTISED ON THE APP OR ANY OF THE SERVICES.

13.4 Claims

If you downloaded the App from the Application Stores, you acknowledge that they shall have no responsibility for addressing any claims relating to the App or Services or your possession and/or use of the App or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the App or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, without prejudice to Sections 12.2 and 12.3.

13.5 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT LivU HAS OFFERED ITS APP AND/OR SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LivU, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LivU. LivU WOULD NOT BE ABLE TO PROVIDE THE APP OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

13.6 Entire Agreement and Severability

These Terms of Use represent the complete agreement concerning the matters covered and, except as set forth under Amendments above, may be amended only in writing executed by both parties. If any provision of these Terms of Use is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

13.7 Waiver

The failure of LivU to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by LivU.

13.8 Headings

The heading references used in these Terms of Use are for convenience purposes only and do not constitute a part of the Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

13.9 Applicable Law and Jurisdiction

These Terms of Use are governed by the substantive laws of Hong Kong as such laws apply to agreements entered into and completed under Hong Kong law. The United Nations Convention for Contracts for the International Sale of Goods (1980) is hereby excluded from the scope of application of these Terms of Use. You agree that the App and Service are only deemed to be offered in Hong Kong and that the App and Service do not create personal jurisdiction over LivU (Specific or General) in jurisdictions other than Hong Kong. You further agree that the courts located in Hong Kong have exclusive jurisdiction and shall be the venue for all disputes and disputes relating thereto, including not limited to any disputes or disputes arising out of or in connection with the App, Services or these Terms of Use. You agree that you will not initiate or pursue any litigation against any LivU Party outside the courts located in Hong Kong, and you hereby agree and waive all defenses that lack personal jurisdiction and/or forum conveniens in such venues and/or locations.

13.10 Injunctive Relief

You acknowledge that the obligations you agree to undertake with these Terms of Use are of a unique and irreplaceable nature, and that failure to comply with them shall irreparably harm LivU and that such failure cannot be compensated by monetary damages alone so that LivU shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief against LivU.

13.11 User Identity Confirmation

You acknowledge and agree that LivU can use carrier distributed mobile messaging (SMS) to verify ownership of registered mobile phone numbers in relation to the users of the App or Services.

13.12 Additional Information

Should you require any further information or technical support, please send an email to customer.service@livuchat.com.