Livetree User Agreement
Effective Date: 22-08-2021
1. Special Notices
- Community Conventions: https://www.livetree.com/community-conventions
- Creative Content Creator Agreement: https://www.livetree.com/creative-content-creator-agreement
This Livetree User Agreement (this “Agreement”) governs your usage of our services, (hereinafter, “Services”) including Livetree App, a video streaming application and social network developed by us. You are one party and the other party is an associated affiliate or LIVETREE COMMUNITY LTD (“we” or “LIVETREE”), a company with its registered address at 1 Vincent Square, London, United Kingdom, SW1P 2PN. For the purposes of this Agreement, you and LIVETREE will be jointly referred to as the “Parties” and respectively as a “Party”.
By using our Services, or by clicking on “Login” “Sign-in” or “Sign Up” during the registration process, you agree to all terms of this Agreement. We, at our sole discretion, may revise this Agreement from time to time, and the current version will be found at the following link: https://www.livetree.com/terms-of-service-agreement. By continuing to avail our Services, you agree to be bound by the revised Agreement.
You may only use our Service if you are 18 years or older, and if you are not subject to statutory age limit to enter into this Agreement according to the applicable laws and regulations in your country.
You shall be solely responsible for the safekeeping of your LIVETREE account and password. All behaviours and activities conducted through your LIVETREE account will be deemed as your behaviours and activities for which you shall be solely responsible.
We do not accept payments or do business with individuals or entities in Cuba, Iran, North Korea, Sudan, Syria, and the Crimean region. If you are from such regions, you may be prohibited from using the Services.
2. Services Content
Our mission is to connect the world, giving people the power to build community, and share their moments to help save the planet and help us all achieve the United Nations 17 Sustainable Development Goals. To help advance this mission with a vision to be a content platform inspiring you and people across the globe, we provide the services described below to you:
i. User Generated Content.
LIVETREE allows users to distribute streaming live, use services, such as chat, bulletin boards, forum postings, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on the Services (“User Content”). Users of the Services may also overlay music, graphics, stickers, virtual items and other features provided by LIVETREE (“LIVETREE Features”) onto this User Content and transmit this User Content through the Services. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.
ii. Help you discover content, products, and services that may interest you.
We may show ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many organisations and businesses that use LIVETREE and support our mission of achieving the United Nations 17 Sustainable Development Goals.
iii. Combat harmful conduct and protect and support our community.
We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Services, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement.
iv. Global access to our Services
To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Livetree Community Ltd. and its affiliates.
In order to open an account, you will be asked to provide us with certain information such as an account name and password.
You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to LIVETREE upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again, and would like your account deleted, we can take care of this for you. Please contact us via firstname.lastname@example.org, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
5. Use of the Services
Your access to and use of the Services is subject to these terms and all applicable laws and regulations. You agree that you will comply with these terms of Services and Livetree’s Community Guidelines and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
iii. defame, harass, abuse, threaten or defraud users of LIVETREE, or collect, or attempt to collect, personal information about users or third parties without their consent;
iv. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services or User Content, features that prevent or restrict use or copying of any content accessible through the Services, features that enforce limitations on the use of the Services or User Content, or delete the copyright or other proprietary rights notices on the Services or User Content;
v. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
vi. modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
vii. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Livetree accounts of others without permission, forge another person’s identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
viii. manipulate identifiers in order to disguise the origin of any User Content;
ix. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
x. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorised to access;
xi. use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
LIVETREE takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is LIVETREE liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
6. Virtual Items
You can only buy virtual seeds (“Seeds”) and virtual gifts (Gifits), send Gifts to others.
The price of the Seeds will be displayed at the point of purchase. All charges and payments for Coins will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider.
You will be responsible for the payment of any Seeds purchased by you. Once your purchase has been completed, your user account will be credited with Seeds. Seeds can be used to purchase Gifts. Seeds cannot be exchanged for cash, or legal tender, or currency of any state, region, or any political entity, or any other form of credit. Seeds can only be used on LIVETREE and as part of our Services, and cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except those designated by us.
Except as otherwise set out in this Agreement, all sales of Seeds and Gifts are final, and we do not offer refunds for any purchased Seeds and Gifts. Seeds and Gifts cannot be converted into or exchanged for cash, or be refunded or reimbursed by us for any reason.
7. Payment Terms
We accept major credit cards, certain debit cards and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorise us, or our designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available by LIVETREE.
Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and date of birth) for the purpose of making payment through its financial institutions and complying with applicable international, national, federal, state, and local laws and regulations. They may also communicate directly with you regarding any issues with a payment.
If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact customer support via the email address made available to you in connection with the purchase. For purchases on the Service, you may contact email@example.com.
8. Intellectual Property Rights
All text, data, images, graphics, audio and/or video information and other materials within the Services provided by LIVETREE are property of LIVETREE 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 LIVETREE to you.
By using and/or uploading any live stream content or other content through LIVETREE Services to publicly accessible areas of LIVETREE website, you grant to LIVETREE and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part), and/or incorporate such content into existing or future forms of work, media or technology.
9. Terminating Services
To the fullest extent permitted by applicable law, LIVETREE reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to post User Content), and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use of the Services violates this Agreement or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. This includes the ability to terminate or to suspend your access to any purchased products or services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these terms of Services, (iii) any policy or practice of LIVETREE in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.
You shall be fully responsible for any risks involved in using LIVETREE Services. Any use or reliance on LIVETREE Services will be at your own risk.
Under no circumstance does LIVETREE guarantee that the Services will satisfy your requirements, or guarantee that the Services will be uninterrupted. The timeliness, security and accuracy of the Services are also not guaranteed. You acknowledge and agree that the Services is provided by LIVETREE on an “as is” basis. LIVETREE make no representations or warranties of any kind express or implied as to the operation and the providing of such Services or any part thereof. LIVETREE shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Services and shall not be responsible for any consequences which may arise from your use of such Services.
LIVETREE does not guarantee the accuracy and integrity of any external links that may be accessible by using the Services and/or any external links that have been placed for the convenience of you. LIVETREE shall not be responsible for the content of any linked site or any link contained in a linked site, and LIVETREE shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Services by you. Moreover, LIVETREE shall not bear any responsibility for the content of any webpage that you are directed via an external link that is not under the control of LIVETREE.
LIVETREE shall not bear any liability for the interruption of or other inadequacies in the Services caused by circumstances of force majeure, or that are otherwise beyond the control of LIVETREE. However, as far as possible, LIVETREE shall reasonably attempt to minimize the resulting losses of and impact upon you.
11. Legal Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales in the United Kingdom, without regard to choice of law principles. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the courts of England and Wales in accordance with the Arbitration Rules of the High Court in London for the time being in force, which rules are deemed to be incorporated by reference in this clause. The language of the arbitration shall be English. To make a request, please contact firstname.lastname@example.org.
12. Request for information
All requests for information or documents related to potential, anticipated or current legal proceedings, investigations or disputes, or for third party user information, from any LIVETREE Services must be made using the appropriate level of legal process, and must be properly served on LIVETREE via LIVETREE COMMUNITY LTD.
13. Modification of the Agreement
We amend these terms of the Agreement from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these terms, such as through a notice on LIVETREE platform. However, you should look at the Agreement regularly to check for such changes. Your continued access or use of the Services after the date of the new terms constitutes your acceptance of the new terms. If you do not agree to the new terms, you must stop accessing or using the Services.
14. Other Terms
This Agreement constitutes the entire agreement of agreed items and other relevant matters between both parties. Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement.
If any provision of this Agreement is rendered void or unenforceable by competent authorities, in whole or in part, for any reason, the remaining provisions of this Agreement shall remain valid and binding.
The headings within this Agreement have been set for the sake of convenience, and shall be disregarded in the interpretation of this Agreement.