Livdat

Terms of Use 

Acknowledgment 

Your use of any software produced by LivDat. implies that you acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. To obtain these Web Services, the service user (hereafter the "User") shall agree to the provisions of this Agreement in its entirety and complete the registration process as indicated on the page. By clicking on "Sign Up" during the registration process, the User wholly agrees to all provisions in the items of this Agreement.

This agreement may only be modified by a written agreement signed by both you and LivDat. If any portion of this agreement is held invalid, the remainder of the agreement shall still be considered enforceable.

  1. You are responsible for the accuracy of information that you provide to LivDat , and upon request from LivDat , verify accuracy of the information given.
  2. You may not create LivDat account for others, or allow others to use your LivDat account. You shall immediately notify LivDat if you discover unlawful use of your account by others.
  3. In consideration for our Services, you agree that LivDat has the right to place advertisement or other types of commercial information. You also agree to receive advertisement or other relevant commercial information from LivDat via email or other methods.
  4. While using LivDat Services, you must abide by all applicable laws and regulations, and all rules and policies of LivDat.
  5. You may only share information that you are comfortable sharing with the public. You may not distribute via LivDat any content that may be considered:
    • Poography , obscene or indecent, or any adult content, including any form of child exploitation;
    • excessively violent, including any content that is related to death or serious injury;
    • depicting, encouraging or assisting suicide or self-harm;
    • rumor, false or misleading information;
    • hateful speech or conduct, including any content that promote racism, terrorism, ageism or sexism;
    • profane, blasphemous or any content that may offend people of certain faith, or otherwise related to religion;
    • related to gambling, abortion, weapon, or other highly explosive subject matter;
    • abusive, libelous, or otherwise harassing other people or group;
    • spam, junk mail or other unsolicited advertisement;
    • other contents that in the judgment of LivDat that are negative contents or otherwise not suitable for distribution.
  6. You may not impersonate any other individual, entity, govemental agency or organizations.
  7. You may not publish or distribute other people's private information without their express authorization and permission.
  8. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish or distribute any copyrighted or proprietary works. You are solely responsible to clear such licenses, rights, consents, and permissions.
  9. You may not publish or link to any malicious code, phishing website or other content that may threaten the security of the Inteet.
  10. LivDat has the right to review and monitor your behavior on LivDat. If LivDat, at its sole discretions, reasonably considers that you have violated the Terms of Use, LivDat may freeze, suspend, disable, ban or revoke your account. You understand that any virtual gift associated with your account will be frozen, suspended, disabled, banned or revoked as well.
  11. If LivDat discovers or reasonably suspects that any of your virtual gift is acquired in a fraudulent or illegal manner, or is in an abnormal status, LivDat may freeze, suspend, disable, ban or revoke such virtual gift.
  12. LivDat is strictly forbid under age streamers. All streamers must be 18 years or older to sign contract with LivDat. If you are under 18 years old and became official streamer, your ID will be permanently banned without notice.
  13. Any under 18 streamer is not official streamer and if caught will be ban from LivDat.
  14. If your account is frozen, suspended, disabled, banned or revoked, you may not create a second account or ask any other to create a second account for you.
  15. If you violate any Terms of Use, you shall indemnify and hold harmless of LivDat against any liability resulting from a claim by a third party in relation to your violation.

 Services Content

  1. We reserve the right to change the content of our Services from time to time, at our discretion, with or without notice.
  2. Some of the Services provided by LivDat require payment. For paid-for Services,LivDat will give you explicit notice in advance and you may only access such Services if you agree to and pay the relevant charges. If you choose to decline to pay the relevant charges,LivDat shall not be bound to provide such paid-for Services to you.
  3. LivDat needs to perform scheduled or unscheduled repairs and maintenance. If such situations cause an interruption of paid-for Services for a reasonable duration, LivDat shall not bear any liability to you and/or to any third parties. However, LivDat shall provide notice to you as soon as possible.
  4. LivDat has the right to suspend, terminate or restrict provision of the Services under this Agreement at any time and is not obligated to bear any liability to you or any third party, if any of the following events occur:
    • You are under the minimum age in order to receive LivDat services;
    • You violate the Terms of Use stipulated in this Agreement;
    • You fail to make a payment for using paid-for Services.
  5. Except for the express representations and warranties set forth in this agreement,LivDat makes no warranty in connection with the subject matter of this agreement and LivDat hereby disclaims any and all other warranties, whether statutory, express or implied, including all implied warranties of title, non-infringement, merchantability, fitness for a particular purpose and any implied warranties arising from course of dealing or performance, regarding such subject matter.

Merchant Liability

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Refunds & Cancellation Policy:

Currently, LivDat does not entertain an official refunds & cancellation policy. Due to the nature of the app, if any virtual coins are purchased and subsequently a refund is requested, then a loss will be incurred by any users who have received virtual gifts or other items (gifted VIP packages/cars, bullet messages, etc.) from the user who requested the refund.

Web Services Content

1. The actual content of the Web Services is provided by the LivDat Community based on the situation, e.g., a live video broadcast, video on demand, music streaming, searches, networking, forums (BBS), chat rooms, email and the posting of comments, etc.

2. Some of the Web Services provided by the LivDat Community require payment. When the User uses such paid-for services, they will be required to pay the relevant charges to the LivDat Community. For paid-for Web Services, the LivDat Community will give the User explicit notice in advance. The User can only access such services if he/she confirms, as prompted, that he/she agrees to and pay the relevant charges. The User acknowledges and agrees that if the User chooses to decline to pay the relevant charges, the LivDat Community has the right to not provide such paid-for Web Services to the User.

3. Where payment in relation to the Web Services is required, the payments shall be subject to a separate LivDat Payment Policy which shall constitute an inseparable part of this Agreement, which may be obtained by accessing following link :Link

4. The User understands that the LivDat Community merely provides the relevant Web Services, and that the User is solely responsible for his/her own required equipment (such as PC, cell phone or any other devices used for connecting to the inteet or cellular network) relevant to these Web Services, as well as the necessary costs (such as telephone or inteet charges for inteet connection and cell phone charges for cellular network usage) thereof.

4. Modification, Suspension, Termination or Restriction of Service

4.1 In consideration of the unique nature of Web Services, the User acknowledges and agrees that the LivDat Community has the right, at its sole discretions, to modify, suspend or terminate part or all of these Web Services (including those requiring payment) at any time and from time to time. The LivDat Community may also impose limits on certain features and services or restrict the User's access to part or all of these Web Services. If the modified, suspended, terminated or restricted Web Service is a free service, the LivDat Community is not obligated to notify the User and shall not have any liability in whatsoever forms to the User or any third party. If the modified, suspended or terminated Web Service is a paid-for service, the LivDat Community shall notify the User in advance of any modification, suspension or termination, and should provide affected users with an alteative paid-for service of equivalent value.

4.2 The User understands that the LivDat Community needs to perform scheduled or unscheduled repairs and maintenance on the platform providing the Web Services (such as the website or cellular network, etc.) and the relevant equipment. If such situations cause an interruption of paid-for Web Services for a reasonable duration, the LivDat Community shall not bear any liability to the User and/or to any third parties. However, the LivDat Community shall provide as much advance notice as possible.

4.3 The LivDat Community has the right to suspend, terminate or restrict provision of the Web Services under this Agreement at any time and is not obligated to bear any liability to the User or any third party, if any of the following events occur:

4.3.1 Personal information provided by the user is false;

4.3.2 The User violates the terms of use stipulated within this Agreement;

4.3.3 The User does not make a payment to the LivDat Community, as stipulated, to cover the relevant service fees when using paid-for Web Services.

4.4 If the User's registered free account name violates any laws and regulations or national policies, or if it infringes upon the legal rights and interests of any third party, the LivDat Community retains the right to revoke the account name.

5. Terms of Use

5.1 When applying to use the LivDat Community's Web Services, the User must provide accurate personal information and promptly update the information if any changes occur, and upon request from the LivDat Community, provide evidence to verify accuracy of the information given.

5.2 The User shall not transfer or loan his account or password to others. The User shall immediately notify the LivDat Community if he discovers unlawful use of his account by others. The LivDat Community shall not bear any liability, in whatsoever forms, if hacking or user negligence results in the unlawful use by others of the User's account or password.

5.3 The User agrees that the LivDat Community has the right to, when providing Web Services, place any type of commercial advertisement in any form or other types of commercial information (including, but not limited to, the placement of advertisements on any page of the LivDat Community website). The User also agrees to receive promotional or other relevant commercial information from the LivDat Community via email or other methods.

5.4 By using and/or uploading any live stream content or other content through a LivDat Community Web Services (including but not limited to forums, BBS, comments or personal microblogs) to publicly accessible areas of the LivDat Community website, the User grants to the LivDat Community 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.

5.5 While using the LivDat Community Web Services, the User must abide by the following:

5.5.1 The User shall comply with all applicable local laws and regulations;

5.5.2 The User shall not use the LivDat Community Web Services system to engage in any behavior detrimental to the interests of the LivDat Community;

5.5.3 The User shall not use the Web Services system for any unlawful purposes which is in violation of the prevailing laws, decency and public policy;

5.5.4 The User shall not, in any shape or form, use LivDat Community Web Services to infringe upon the commercial interests of the LivDat Community, including but not limited to the posting of commercial advertisements without the express permission of the LivDat Community;

5.5.5 The User shall not use the LivDat Community Web Services system to engage in behavior that may adversely impact the normal operation of the inteet or cellular network;

5.5.6 There is no tolerance for objectionable content.The User shall not use Web Services provided by the LivDat Community to upload, display or distribute any false, harassing, harmful, abusive, offensive, threatening, vulgar, obscene indecent, or objectionable messages or information, or any other type of unlawful messages or information.

5.5.7 The User shall not infringe upon the patents, copyrights, trademarks, right to reputation or any other legal rights and interests of any third party;

5.6 The LivDat Community has the right to review and monitor the User's usage of the LivDat Community Web Services (including, but not limited to, review of content stored by the User on the LivDat Community website). If the LivDat, at its sole discretions, reasonably consider that the User violates any of the aforementioned stipulations when using the Web Services, the LivDat Community or its authorized agent has the right to request the User to rectify the situation or to directly take all necessary measures (including, but not limited to, modifying or deleting the content posted by the User, or suspension or termination of the User's rights to use the Web Services) to mitigate the impact of the User's improper conduct without requiring any approval from the User.

5.7 Any disclaimers, notifications or cautions regarding the usage of particular LivDat Community Web Services, which are issued through various methods (including, but not limited to, webpage announcements, emails and SMS reminders) shall be deemed to form part of this Agreement. Usage of such Web Services shall be deemed to be a confirmation of the User's acceptance of the content of such disclaimers, notifications and cautions.

5.8 The LivDat Community will limit access to information about the User to employees who we believe reasonably need to come into contact with that information to provide products or services to the User or in order to do their jobs.

6. Charge service

6.1 Some inteet service of LivDat is chargeable. Users need to pay a certain fee when they use such inteet services. Please pay attention to such kind of services.

6.1.1 LivDat is entitled to decide the method and standard of charge, also entitled to the adjustment of the policy anytime;

6.1.2 LivDat would notice users clearly about the chargeable service and will only enable users to use such services after users agree. If users refuse to pay for such services, LivDat has the right not to provide related service to users;

6.1.3 LivDat is entitled to issue value-added virtual currency (mainly like “coins” or other forms specified by LivDat). Value-added virtual currency is virtual and designed by LivDat, which can be attained by exchanged of official currency and can be used to exchange for specific value-added service in LivDat. Please notice that once the value-added virtual currency has been exchanged, it's not reversible (including but not limited to be exchanged back to any kinds of official currency). Besides, the user can only purchase, exchange and get value-added currency through LivDat and/or platforms specified by LivDat. LivDat would not be responsible for any loss if users purchase, exchange or get the value-added currency through platforms not recognized by LivDat;

6.1.4 On condition that users have purchased the right to use virtual products or have accepted other value-added services as chargeable services, if it exceeds the expired time of the virtual products or the service timing of the value-added service (no matter whether users have actually used or enjoyed the service) or exceeds the number of service times, LivDat is entitled to cancel the right to use the virtual products or suspend providing the value-added service;

6.1.5 Some value-added services may need to pay all at once. If users cancel it halfway, LivDat will not refund;

6.1.6 LivDat would not refund once users purchased, exchanged, or got value-added virtual currency according to his or her own will. If it's LivDat's issue which leads to the transact failure, LivDat would refund accordingly and claim back the virtual currency which has been used; or issue virtual currency of same value of the transaction completed;

6.2 LivDat provides bellowed virtual products to users according to the above rules, including but not limited to: coins, any platform's property (such as coins, virtual gift or other property named and provides by LivDat under regulations. All of these properties belong to LivDat and user can only use them under LivDat's rules. The user must not utilize any virtual property to conduct any illegal, unethical behavior, or any behavior leads to the conflict of this agreement, users'rules and/or violates LivDat's profits.

7. Intellectual Property Rights

7.1 All text, data, images, graphics, audio and/or video information and other materials within the Web Services provided by the LivDat Community are property of LivDat Community 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 the LivDat Community to the User. The User is prohibited from copying, displaying, downloading, modifying, reproducing or creating any derivative works of such materials, directly or indirectly published, performed, rewritten or republished for performance or distribution purposes, or otherwise used for commercial purposes without prior written consent from LivDat Community. The entirety or any part of such information may only be stored on a computer for private and non-commercial use.

In further consideration of the unique nature of the Web Services, the LivDat Community shall not bear any liability for any loss or damage incurred by the User by using the Web Services, any compensation, in any form, to the User or any third party for delays, inaccuracies, errors or omissions, interruption or defect arising from the production, the operation, transmission, transfer or submission, communications-line failure, theft or destruction of all or part of the aforementioned information, nor for any losses or damages arising from, or caused by, such inaccuracies, errors or omissions or any unauthorized access of the Web Services.

7.2 Any intellectual property rights of any software (including, but not limited to, any images, photos, animations, video recordings, audio recordings, music, text, add-on programs and supplementary material) belonging to any third party used by the LivDat Community in the provision of Web Services belong to such third party copyright holder. The User may not reverse engineer, decompile or disassemble such software without the prior permission of the copyright holder.

7.3 By providing live-feed content or by uploading other content including but not limited to files, photographs, links, texts and images, User agrees to give the LivDat Community (including and all other users of the Web Services) an irrevocable non-exclusive royalty-free rights to use the UGC or any other content and their selection and arrangement for any purpose including publication, display, modification, and creation of derivative works.

8. Privacy Protection

8.1 The protection of user privacy is a fundamental policy of the LivDat Community. The LivDat Community guarantees that it will not publicly disclose or provide a third party with an individual user's registered information or non-public content, which is stored in the LivDat Community during the use of Web Services. However, the following circumstances are excluded:

8.1.1 When prior express authorization is obtained from the User;

8.1.2 When and as required by applicable laws and regulations;

8.1.3 When and as required by relevant competent authorities of the govement;

8.1.4 When it is necessary to safeguard the public interest;

8.1.5 When it is necessary to safeguard the legal rights and interests of the LivDat Community.

8.2 The LivDat Community may collaborate with a third party to provide the User with relevant Web Services. In this scenario, the LivDat Community has the right to share the User's registered information with a third party, if the third party agrees to bear responsibility for providing privacy protection equivalent to that of the LivDat Community.

8.3 Under the condition that no private information of an individual user is disclosed, the LivDat Community has the right to analyze the entire user database and utilize the database for commercial purposes.

8.4 The User acknowledges and agrees that the User may, directly or indirectly, provide any of its personal information through its use of the Web Services and as provided under this agreement. For the purposes of this article, the User hereby agrees and consents to the use of the User's personal information by the LivDat Community, and such shall be considered as the consent as stipulated under the prevailing local laws.

8.5 The LivDat Community Privacy Protection will be subject to separate LivDat Privacy Policy, which shall constitute an inseparable part of this Agreement, which may be obtained by accessing following link: Link
If you have any questions about this privacy protection policy or our information-handling practices, please contact us at [email protected]

9. Disclaimers

9.1 The User expressly agrees that he/she shall be fully responsible for any risks involved in using the LivDat Community Web Services. The User shall also be responsible for any and all consequences arising from the Use of LivDat Community Web Services, and the LivDat Community shall not bear any liability to the User.

9.2 Under no circumstance does the LivDat Community guarantee that the Web Services will satisfy the User's requirements, or guarantee that the Web Services will be uninterrupted. The timeliness, security and accuracy of the Web Services are also not guaranteed. The User acknowledges and agrees that the Web Services is provided by the LivDat Community on an “as is” basis. The LivDat Community make no representations or warranties of any kind express or implied as to the operation and the providing of such Web Services or any part thereof. The LivDat Community shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Web Services and shall not be responsible for any consequences which may arise from the User's use of such Web Services.

9.3 The LivDat Community does not guarantee the accuracy and integrity of any exteal links that may be accessible by using the Web Services and/or any exteal links that have been placed for the convenience of the User. The LivDat Community shall not be responsible for the content of any linked site or any link contained in a linked site, and the LivDat Community shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Web Services by the User. Moreover, the LivDat Community shall not bear any responsibility for the content of any webpage that the User is directed via an exteal link that is not under the control of the LivDat Community.

9.4 The LivDat Community shall not bear any liability for the interruption of or other inadequacies in the Web Services caused by circumstances of force majeure, or that are otherwise beyond the control of the LivDat Community. However, as far as possible, the LivDat Community shall reasonably attempt to minimize the resulting losses of and impact upon the User.

9.5 The User agrees that the LivDat Community shall not bear any liability for any losses arising from inadequacies in the quality of the following products or services provided by the LivDat Community:

9.5.1 Web Services provided to the User free of charge;

9.5.2 Any complimentary products or services offered to the User;

10. Compensation

The User agrees to safeguard and maintain the interests of other users. If the User violates the relevant laws and regulations, or any of the provisions of this Agreement, and in doing so causes damages to the LivDat Community or any other third party, the User agrees to bear full responsibility for compensation of any damages caused.

11. Changes to the Agreement

11.1 The LivDat Community has the right to make changes at any time to any provision of this Agreement. Once the contents of this Agreement have been modified, the LivDat Community will publish the contents of the modified Agreement directly on the LivDat Community website. This announcement shall be deemed to be a confirmation that the LivDat Community has notified users of the changes. The LivDat Community may also inform users of the details of the changes through other appropriate methods.

11.2 The User has the right to discontinue use of the Web Services if they do not agree to the changes made by the LivDat Community to relevant provisions of this Agreement. Continued use of the Web Services shall be deemed as an acceptance of such changes.

12. Delivery of Notifications

12.1 Under the terms of this Agreement, all notifications sent to users by the LivDat Community may be delivered via a webpage announcement, email, text message or post; such notifications shall be deemed to have been received by the recipient on the date sent.

12.2 Notifications from the User to the LivDat Community should be sent to the contact address, fax number, email address or other contact details officially issued by the LivDat Community.

2. License Grant.

Subject to your compliance with the terms and conditions set out in this Terms of Use, LivDat 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 Software, in object code format, only on your personal computer or mobile device (the “Device”) for the sole purpose of personally using the LivDat application and any other applications that may be explicitly authorized by LivDat for use through use of the Software, and if you have downloaded the Software from the Apple App Store or the Google Play, as permitted by the Usage Rules set forth in the each app marketplace Terms of Service as of the date hereof.

3. Ownership.

The Software is protected by copyright laws and inteational copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to LivDat and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to LivDat and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. LivDat hereby expressly reserves all rights in the Software and all Services which are not expressly granted to you hereunder.

4. Restrictions.

You only obtain a license to use the object code version of the Software. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services; (ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Service and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever; (iv) remove, obscure or alter any copyright and/or other proprietary notices contained in or otherwise connected to the Software or any of the Services; (v) use the Software or any of the Services to create or proliferate a virus or to circumvent any copyright protection or other digital rights management mechanism.

5. Additional Restrictions.

You further represent that you shall not (i) use the Software or any of the Services for any illegal or unauthorized purpose, (ii) use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services, (iii) transmit worms, viruses or any code of a destructive nature, (iv) display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications (“Content”) deemed hateful, threatening, poographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability, (v) attempt to hack, destabilize or adapt LivDat’s website, the Software (or its source code) or any of the Services, or alter another website so as to falsely imply that it is affiliated with LivDat, or (vi) use or access any of the Services by any means other than through the interface provided by LivDat.

6. Your Utilization of Your Device:

If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent from the relevant third party for such use and by using the Software you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Software, 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 Software or Services will do so in accordance with this Terms of Use. You must delete any Software from the Device if you sell the Device, or if you cease to have the legal right to control use of the Device.

7. Content.

Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. LivDat does not endorse any Content and ­expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the LivDat Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.

8. Your Content.

You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the Software or Services and that LivDat (and Apple or Google if you downloaded the Software from the App Store or Google Play) is not 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 owing 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 or display the Content; and (b) the Content you transmit or you display 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 MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. LIVDAT RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THIS TERMS OF USE.

9. Third Parties.

The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement.

10. New Versions of the Software.

LivDat, 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 Software or Services. LivDat has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Software or any of the Services. You may have to agree to a renewed version of 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 Software. You acknowledge that LivDat may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Software and, accordingly, may modify, update or upgrade the version of the Software 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.

11. Third Party Fees.

For particular Devices, LivDat may ask 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.

12. Eligibility.

The license to use the Software and Services is not valid in any jurisdiction where prohibited. The Software and Services are intended solely for users who are thirteen (18) years of age or older, and any registration, use or access to the Software or Services by anyone under 18 is unauthorized, unlicensed, and in violation of this Terms of Use. LivDat 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 Software 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 are under 18. If you are under 18 years of age you may use the Software and Services only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and abide by the provisions set forth in this Terms of Use.

13. No Access to Emergency Services.

The Software and Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit 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 Software and Services. You acknowledge and agree that: (i) LivDat 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 Software, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) LivDat is not a replacement for your primary telephone service.

14. Prevention of Unauthorized Use.

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

15. License Grant to LivDat.

You hereby authorize LivDat 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 Software for purposes of your use of the Services.

16. Premium and all kind of paid contents & item Services.

From time to time, LivDat may provide additional features and/or Services that you pay for (“Premium and all kind of paid contents & item Services”). LivDat may also offer from time to time in its sole discretion, certain Premium and all kind of paid contents & item Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Terms of Use to the Services include the Premium and all kind of paid contents & item Services.

17. Payments for Premium and all kind of paid contents & item Services.

The Premium and all kind of paid contents & item Services may be offered on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at the time of your purchase. If you purchase any Premium and all kind of paid contents & item Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by LivDat or the online application store from which you downloaded the Software (the “Application Store”). You agree to abide by any relevant terms of service or other legal agreement that goves your use of a given payment processing service and/or method. If you purchase Premium and all kind of paid contents & item Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium and all kind of paid contents & item Services is terminated. You agree that if you purchase Premium and all kind of paid contents & item Services 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 goves your use of a given payment processing service and/or method, and in no event will LivDat have any responsibility in connection with any of the foregoing.

18. Refunds.

Currently, Livdat does not entertain an official refunds & cancellation policy. Due to the nature of the app, if any virtual coins are purchased and subsequently a refund is requested, then a loss will be incurred by any users who have received virtual gifts or other items (gifted VIP packages/cars, bullet messages, etc.) from the user who requested the refund.

You may request a full refund for any Premium and all kind of paid contents & item Service purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store. Exceptions - 1) refunds are not available to users who are banned by LivDat and its community, and 2) full-refunds are not available for partially-used purchases.

19.Termination by You.

You may terminate your use of the Services at any time by uninstalling and deleting the Software from all of your Devices. If you have subscribed to any Premium and all kind of paid contents & item Services, 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 the Premium and all kind of paid contents & item Services.

20. Termination by LivDat.

Without limiting any other remedies, LivDat may limit, suspend, discontinue or terminate this Terms of Use and/or your use of all or any part of the Software 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 LivDat believes that you are (i) in breach of any of the terms of this Terms of Use, (ii) creating problems or legal liabilities (actual or potential), (iii) delinquent with respect to any charges due for a Premium and all kind of paid contents & item Service, (iv) infringing a third party’s intellectual property rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that LivDat is under no obligation to provide the Services, including without limitation any Premium and all kind of paid contents & item Services, and that no LivDat Party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Software and/or any of the Services

21. Storage of Content.

Subject to the terms and conditions of this Terms of Use, LivDat will use reasonable efforts to store your Content, if any, in connection with your use of a Premium and all kind of paid contents & item Service if such storage is a feature provided with the Premium and all kind of paid contents & item Service. You acknowledge and agree that LivDat shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that no LivDat Party is under any obligation to preserve, provide access to or retu to you any Content. In addition, you further acknowledge and agree that, if you have elected to use a Premium and any kind of paid contents & item Service that includes the storage of Content and you are not active on the Premium and any kind of paid contents & item Service for thirty (30) days or longer (as determined by LivDat), LivDat may delete your Content for any reason, including technical, business or any other reasons.

22. 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“). LivDat 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 SOLELY AT YOUR OWN RISK. We encourage you to be aware of when you leave the 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 advertiser.

23. Indemnification.

"YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, LIVDAT, ITS LICENSORS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING LIVDAT, COLLECTIVELY THE “LIVDAT 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 THIS TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (E) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES BASED ON THE INCOME OF LIVDAT). If you downloaded the Software from the the app marketplaces, you acknowledge that, in the event of any third party claim that the Software or Services or your possession and use of the Software or Services infringes any third party’s intellectual property rights, as between LivDat and the app marketplaces, LivDat, not the app marketplaces, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. LivDat reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify LivDat, and you agree to cooperate with LivDat’s defense of these claims. You agree not to settle any matter without the prior written consent of LivDat." "

24. Assignment.

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

25. No Warranty.

The Software and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. The LivDat 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 LIVDAT PARTIES (AND IF YOU DOWNLOADED THE SOFTWARE FROM THE APP STORE OR GOOGLE PLAY, APPLE OR GOOGLE) WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE AND/OR ANY OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY UNINSTALL THE SOFTWARE AND CEASE USE OF THE SOFTWARE AND ALL SERVICES. You further acknowledge that the LivDat Parties (and if you downloaded the Software from the App Store or Google Play, Apple or Google) have no obligation whatsoever to fuish any maintenance or support services with respect to the Software and/or Services.

26. NO WARRANTIES.

THE LIVDAT PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH 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 LIVDAT PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE SOFTWARE OR SERVICES.

27. 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.

28. LIMITATION OF LIABILITY.

IN NO EVENT SHALL THE LIVDAT 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 SOFTWARE AND/OR ANY OF THE SERVICES, THIS TERMS OF USE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF LIVDAT OR ANY OTHER LIVDAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE LIVDAT PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THIS TERMS OF USE OR USE OF THE SOFTWARE OR ANY OF THE SERVICES. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the LivDat 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 LIVDAT AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.

29. CLAIMS.

YOU AND LIVDAT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the Software from the app marketplaces, you further acknowledge that the app marketplaces has no responsibility for addressing any claims relating to the Software or Services or your possession and/or use of the Software or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Software or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

30. BASIS OF THE BARGAIN.

YOU ACKNOWLEDGE AND AGREE THAT LIVDAT HAS OFFERED ITS SOFTWARE AND 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 LIVDAT, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LIVDAT. LIVDAT WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

31. Feedback.

Any comments, suggestions, or feedback relating to the Software or any of the Services (“Feedback“) submitted to LivDat shall become the property of LivDat. LivDat will have exclusive ownership of all rights to the Feedback. LivDat will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. LivDat will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.

32. GENERAL.

32.1 Notices.

LivDat may provide you with notices, including those regarding changes to terms and conditions, by email, or postings on the LivDat website. Notice will be deemed given twenty-four (24) hours after the email is sent, unless LivDat is notified that the email address is invalid. Notice posted on the LivDat website is deemed given ten (10) days following the initial posting. LivDat reserves the right to determine the form and means of providing notifications to our users.

32.2 Amendments.

LivDat reserves the right to amend this Terms of Use at any time by publishing the revised Terms of Use on the LivDat website or by otherwise providing notice of such amendment pursuant to the notice provisions above. 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. Your express acceptance or continued use of the Software 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. You can find the latest version of this Terms of Use at LivDatlive.com/home/termsofservice.html.

32.3 Ability to Contract.

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

32.4 Entire Agreement.

This Terms of Use represents the complete agreement conceing the matters covered and, except as set forth under Amendments above, may be amended only by a writing executed by both parties. If any provision of this 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.

32.5 Waiver.

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

32.6 Injunctive Relief.

You acknowledge that the obligations made hereunder to LivDat are of a unique and irreplaceable nature, the loss of which shall irreparably harm LivDat and which cannot be replaced by monetary damages alone so that LivDat 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.

32.7 Third Party Beneficiaries and Agreements.

If you downloaded the Software from the app marketplaces, you acknowledge and agree that the app marketplaces are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this Terms of Use, the app marketplaces will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Software and Services is conditioned upon your compliance with, all applicable third-party terms of agreement, including those of any Application Store, as may be applicable, when using the Software and/or Services.

  Apple Device and Application Terms.

In the event you are accessing the Services via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an “Application”), the following shall apply:

  1. Both you and the Company acknowledge that these Terms of Use are concluded between you and the Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services;
  3. You will only use the Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to fuish any maintenance and support services with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  6. You acknowledge and agree that the Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, the Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. You represent and warrant that you are not located in a country subject to a U.S. Govement embargo, or that has been designated by the U.S. Govement as a "terrorist supporting" country, and that you are not listed on any U.S. Govement list of prohibited or restricted parties;
  9. Both you and the Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of Agreement which may affect or be affected by such use.

Copyright Infringement

We respect copyright law, and we expect that our community of Users will do the same. We therefore take reasonable steps to expeditiously remove from our Service any infringing material that we become aware of. Furthermore, if we become aware that a User has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate that User’s account.

If you believe that anything on the Service infringes a copyright that you own or control, you can report the suspected infringement by filing a notice with our designated Copyright Agent at:

Livdat.com

Attn: Copyright Agent

 sent to:[email protected].

If you file a notice with our Copyright Agent, it must:

  1. Contain a physical or electronic signature of a person authorized to act on behalf of the owner;
  2. Identify the copyrighted work claimed to have been infringed;
  3. Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  4. Provide your contact information including your address, telephone number, and if available, an email address;
  5. Provide a personal statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
  6. Provide a statement, made under penalty of perjury, that the above information in the notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Virtual Coins.

 LIVDAT offers a feature allowing users to purchase virtual coins which we called "LIVDAT Coins" for use within the Service (i.e. as a "tip" to another LIVDAT Broadcaster for their live show, or send Gift to your friends on chat). You acknowledge and agree that your distribution of any Coins currently in your account, as a virtual "tip" to any other user's account, is made solely at your own discretion; you further understand that once you have confirmed a transfer of Coins to another user's account, the action cannot be undone and the Coins cannot be withdrawn.

1.      The value (i.e. the exchange rate) of the Coins is determined by LIVDAT  based on your country of origin, and LIVDAT further reserves the right to modify the purchase exchange rate between actual currency and virtual Coins from time to time, with or without reason, in its sole discretion. By your use of the Service, you confirm your understanding of and accept the then-current exchange rate of any Coins at the time of your purchase.

2.      Your use of any Coins purchased shall be solely for legitimate purposes within the Service, and must comply with all applicable laws at all times (i.e. no exchanging of Coins for any activity, product, conduct or services deemed unauthorized by these Terms of Use or our Community Policy).

3.      If your account is terminated by LIVDAT for cause, any outstanding Coins remaining in your account at the time of termination may be confiscated and will not be recoverable in LIVDAT's sole and absolute discretion.

4.       You understand that the purchase of Coins requires actual money. If you disagree with any part of, or do not fully understand our exchange rate policy, please refrain from purchasing or using any Coins in connection with the Service.

5.      You understand that LIVDAT may change, modify or update these Terms of Use, or the terms of sale in connection with the Coins from time to time, and that such revised terms will apply to all subsequent purchases of any Coins, and you agree that you will review these Terms of Use and any terms regarding the sale of Coins prior to making any purchase.

6.      The Service offers a feature allowing users to 'purchase' (a) virtual currency, including but not limited to virtual coins (“Coins”) for use in the Service; or (b) virtual in-Service items (“Gifts”). Any Coins and/or Gifts that are gifted to Users (or received by you) within the Service are converted to Virtual “Diamonds” in the receiving User’s User Account. Virtual Coins, together with Gifts and Diamonds, are hereafter collectively referred to as 'Virtual Items.”The purchase of any Virtual Items must be made lawfully, under legitimate means, and with actual currency. Any Virtual Items obtained illegally or fraudulently will result in suspension, freeze or termination of User account.Notwithstanding your purchase or possession of such Virtual Items, you do not in fact 'own' the Virtual Items, and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, Company grants you a limited licence to use the Service, including software programs that may manifest themselves as these items.

  1. By your use of the Service, and particularly Virtual Items, you agree that our distribution of any Virtual Items currently in your account (i.e. as a virtual 'tip' to any other User's account) may result in some revenue to such recipient User, as determined in Company's sole discretion, and is made solely at your own discretion; Once you have confirmed a transfer of any Virtual Item to another user's account, the action cannot be undone and the Virtual Item cannot be withdrawn. Notwithstanding, Company makes no guarantee that the amount or value of the Virtual Items you may give a User will correlate to the revenue such User may receive from us when they cash-out.
  2. The purchase of Virtual Items is a completed transaction upon Company's confirmation of electronic payment from you via the iTunes App Store or Google Play. Any virtual currency balance shown in your User Account does not constitute a real world balance or reflect any stored value, but instead constitutes a measurement of the extent of your licence to the Virtual Items within the Service. You will not be able to sell Virtual Items in exchange for virtual or real currency credited back to your User Account, nor will you be able to receive a refund (“Refund”) of virtual or real currency for Virtual Items (including any virtual currency), including if your access to the Service has been suspended, limited or terminated pursuant to these Terms.
  3. We determine the value (i.e. the exchange rate) of the Virtual Items in our sole discretion, based on your country of origin, and we have the right to modify the purchase exchange rate between actual currency and Virtual Coins from time to time, with or without reason, in our sole discretion. By your use of the Service, you confirm your understanding of and agree to accept the then-current exchange rate of any Virtual Items at the time of your purchase.
  4. By your use of the service, you agree that your use of any purchased Virtual Items shall be solely for legitimate purposes within the Service, and that such use will comply with all applicable laws at all times (i.e. no exchanging of Virtual Items for any activity, product, conduct or services deemed unauthorised by these Terms or our Community Policy).
  5. By your use of the Service and particularly Virtual Items, you confirm your understanding that the purchase of Virtual Items requires actual money. If you disagree with any part of, or do not fully understand our exchange rate policy, do not purchase or use any Virtual Items in connection with the Service, or terminate your account.
  6. By your use of the Service and particularly Virtual Items, you confirm your understanding that we may change, modify or update these Terms, or the terms of sale in connection with the Virtual Items from time to time, and that such revised terms will apply to all subsequent purchases of any Virtual Items, and you agree that you will review these Terms and any terms regarding the sale of Virtual Items prior to making any purchase.
  7. In the event your account balance is incorrect due to system maintenance or other technical failures as determined solely by us, we agree to make all necessary corrections and adjustments with respect to your account balance. If you have any questions, conces or suggestions regarding purchases and/or payments regarding the Service, you may contact us at [email protected]

 

8. Virtual Diamonds – Cashing-Out

  1. Notwithstanding the above restriction regarding Refunds, any Diamonds or Virtual Items stored in your User Account that exceeds certain value in Diamonds, either by your own purchase or by receipt from another User may be 'cashed-out' for actual currency (each transaction, a “Cash-Out”). The threshold value in Diamonds, and the value of currency received from any Cash-Out will be based on an exchange rate and in a currency form determined by us, based on the location where you are using the Service, which we may set and change from time to time in our sole discretion. The Cash-Out exchange rate may also change due to the fluctuating value of the Coins, which may change between the time they were purchased and the time you decide to Cash-Out.
  2. You must have an active payment receiving account to Cash-out. Your receiving account will be linked to your User Account when you Cash-Out and the payment will be processed within fifteen (15) business days following any Cash-Out request.
  3. The amount of any Cash-Out cannot exceed the amount of available funds in your User Account (as determined by the then-determined value of Virtual Items in your account). Depending on the location where you are using the Service, we have established minimum amounts required for any Cash-Out, as well as maximum amounts you may Cash-Out per day.
  4. We do not charge a withdrawal fee to Cash-Out, however, you are solely responsible for checking policy details and applicability of transaction fees in connection with the applicable electronic cash transfer service utilized in your Service location. 

Each Cash-Out request will be manually approved by Company staff for security reasons which may take up to fifteen (15) days following the Cash-Out request. Cash-out requests involving suspicious account activity and/or information may be denied. In some circumstances, the third-party transfer service provider processing the Cash-out request may place your Cash-Out funds received on a temporary hold based on minimal or no previous transaction history with Company to demonstrate a patte of positive money exchanges. In the event such a hold occurs, please contact us for details at  [email protected]. In any event, we will not be responsible in any way for any financial holds initiated by your electronic cash transfer service

Advertising/Promotions

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