LIVESPACE TERMS OF USE
Last Modified on October 1, 2023
LiveSpace Media, Inc. (collectively with its affiliates, “LiveSpace,” “we,” “us” or “our”) operates an Internet-based set of services consisting of the website available at https://www.live.space (the “Site”) and its network of websites, software applications, and any other products or services offered by LiveSpace (each, a “Service,” and collectively, the “Services”).
These Terms of Use (this “Agreement”) constitute a binding legal agreement between you and LiveSpace and apply to your access of the Site and use of the Services. This Agreement includes LiveSpace’s policy for acceptable use of the Site and the Services, your rights, obligations, and restrictions regarding your use of the Site and the Services. The LiveSpace Privacy Policy discusses and governs LiveSpace’s collection and use of any information you provide and/or submit to us through the Site or the Services and/or any we collect about you when you are accessing or using the Services, and is hereby incorporated herein by reference.
In order to use or otherwise participate in the Services, you may be required to agree to additional terms and conditions. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Site or the Services, the terms with respect to the specific portion of the Site or the Services shall control with respect to your use of that portion of the Site or that Service.
1. Your Acceptance of this Agreement; LiveSpace’s Right to Modify this Agreement.
a) Please read this Agreement carefully. You must accept all of the terms and conditions contained in this Agreement before accessing or using the Site or the Services. If you do not accept this Agreement, you must leave the Site and discontinue use of the Services immediately. By accessing the Site or using the Services, you acknowledge that you have read, understand and agree to be bound by this Agreement, whether you are a “Viewer” (which means that you use your account to simply browse the Site), or a LiveSpace “Creator” (which means that you use your account to make, create, or otherwise generate and/or upload content to the Site). The term “User” refers both to Viewer(s) or Creator(s).
b) We may modify this Agreement from time to time by posting the amendment(s) on the Site, and such modifications shall be effective upon such posting. Our right to modify this Agreement includes the right to add, remove or amend the terms hereof. By accessing the Site or using the Services after any such modification, you agree to be bound by all such modifications from the time of such access or use. You should periodically visit this page to determine the current Agreement to which you are bound.
When this Agreement is modified, we will also modify the "Last Modified on" date set forth at the beginning of this Agreement.
c) You are authorized to access the Site and use the Services (regardless of whether your access or use is intended) only if you abide by all applicable laws, rules, regulations, orders, this Agreement, and any and all other agreements between you and LiveSpace regarding the Site or the Services. If you breach this Agreement, or any other agreement between you and LiveSpace, or any applicable laws, rules, regulations or orders, your authorization to access the Site and use the Services automatically terminates.
2. Term and Termination.
This Agreement shall remain in full force and effect while you access the Site, use the Services, or maintain your account as a User. LiveSpace reserves the right (in its sole discretion, at any time, for any or no reason, with or without prior notice, and without liability) to change, modify, suspend, discontinue, or terminate the Site and/or any or all of the Services, and to restrict, suspend, or terminate your access to or use of all or any part of the Site and/or the Services and/or to take technical and/or legal steps to prevent you from accessing the Site or the Services. LiveSpace will terminate a User’s access to and use of the Site and the Services if, under appropriate circumstances and without limitation, the User is determined by LiveSpace to be a repeat copyright infringer. Anything to the contrary herein notwithstanding, after a User’s access to the Site, use of the Services, or Creator Account are terminated, this Agreement will remain in effect and be fully applicable to such User’s access to the Site, use of the Services, or Creator Account prior to such termination.
3. Proprietary Rights.
a) The Site and the Services may contain text, files, photos, pictures, graphics, images, illustrations, videos, musical works, sound recordings, other audio and sounds, icons, links, software, data, and other content, files, materials and works of authorship of LiveSpace (collectively, and together with the selection and arrangement thereof, “LiveSpace Content”). The Site and the Services also contain trademarks, service marks, trade names, trade dress, brands, and logos of LiveSpace (the “LiveSpace Trademarks”). LiveSpace Content and LiveSpace Trademarks are protected by copyright, trademark, patent, trade secret, privacy, publicity, and other laws. As between you and LiveSpace, LiveSpace retains ownership of all copyright and other intellectual property and proprietary rights in the LiveSpace Content, LiveSpace Trademarks, the Site, and the Services.
b) You shall not copy, imitate, or use any LiveSpace Trademark, LiveSpace Content, domain name or any other feature of the Site or the Services, in whole or in part, without the prior written permission of LiveSpace. Nothing on or in the Site or the Services shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any LiveSpace Trademark, domain name, or any other feature of the Site, including without limitation any other intellectual property or proprietary rights, other than as expressly set forth herein, or pursuant to the terms and conditions of another agreement between you and LiveSpace, whether for non-commercial or commercial use.
c) For clarity and for the avoidance of doubt, you shall not receive any ownership interest in or to the Site and Services, nor shall your activities, engagement, and other provision of Content (as defined herein) create any property interest in your LiveSpace Channel (as defined herein). LiveSpace retains the sole, exclusive, and absolute right to terminate, restrict, remove, or otherwise disconnect your access to the Site, Services, and LiveSpace Channel, without any further obligation (including for payment of any Service Revenue, which shall be considered forfeit in such an occurrence) or liability to you, for any or no reason.
4. Prohibited Activity.
a) This Section 4(a) sets forth a partial list of activity that is illegal or prohibited on the Site or the Services. Such activity includes activity that, in the sole discretion of LiveSpace:
i. is criminal or tortious activity, including, without limitation, fraud, trafficking in child pornography or obscene material, drug dealing, gambling, harassment, stalking, “spamming,” sending of viruses or other harmful files, copyright infringement, trademark infringement, patent infringement, or theft, or unauthorized disclosure of trade secrets;
ii. uses any information obtained from the Site or the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent (other than as expressly authorized in this Agreement or in another agreement between you and LiveSpace);
iii. breaches or circumvents any laws, third party rights, or our systems or policies;
iv. circumvents or modifies, attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Site or the Services;
v. covers or obscures the advertisements or ownership or copyright information on any LiveSpace page via HTML/CSS or any other means;
vi. is automated use of a system including the Site or the Services, such as using scripts to send comments or messages, or crawling the Site or the Services for data;
vii. interferes with, disrupts, or creates an undue burden on the Site or the Services or the networks or services connected to the Site or the Services;
viii. attempts to impersonate another User, entity, or person;
ix. uses the Creator Account or password of another Creator at any time or discloses your password to any third party (other than an automated password management system) or permits any third party to access your Creator Account;
x. sells or otherwise transfers your Creator Account;
xi. uses any information obtained from the Site or the Services in order to harass, abuse, or harm another person;
xii. “frames” or “mirrors” any portion of the Site or the Services on any other website or server;
xiii. harvests or otherwise collects information about Users without their consent;or
xiv. is otherwise an illegal and/or an unauthorized use of the Site or the Services.
b) Under no circumstances shall LiveSpace be responsible for the conduct of any Users of the Site or the Services, whether online or offline.
5. Monitoring.
LiveSpace assumes no obligation or responsibility for monitoring the Site or the Services for inappropriate conduct undertaken by Users. Notwithstanding the foregoing, LiveSpace reserves the right to investigate and take appropriate action including, without limitation, legal action, against anyone who, in LiveSpace’s sole discretion, violates this Agreement, including without limitation Section 4 hereof, and including, without limitation, (i) terminating or suspending the User’s Creator Account, as applicable, and reporting any User to law enforcement authorities, and (ii) disclosing information regarding use of the Site or the Services, to any third party in order to operate the Site or the Services properly, to protect ourselves, our sponsors, and Users, and to comply with legal obligations or governmental requests.
6. Representations and Warranties.
You hereby represent, warrant and covenant, at all times during which you access or use the Site or the Services, that:
a) you are 13 years of age or older;
b) if you are under the age of 18 but older than 13 years of age, you possess legal parental or guardian consent;
c) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, and representations and warranties set forth herein, and to abide by and comply with this Agreement and any other agreements between you and LiveSpace;
d) you intend to fully perform under this Agreement and any other agreements between you and LiveSpace; and
e) your access of the Site or use of the Services does not violate any applicable law, rules, regulations, or orders, or any agreement between you and any third party. NEITHER THE SITE, NOR ANY OF THE SERVICES, IS/ARE INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT ACCESS AND/OR USE THE SITE OR THE SERVICES.
7. Copyright Policy.
When we receive a proper Notification (as defined below), our policy is to promptly remove, block, or disable access to the allegedly infringing content and we may, in our discretion, terminate the User Account, as applicable, of repeat infringers in accordance with the Digital Millennium Copyright Act (“DMCA”).
a) If you are a copyright owner and believe that your work has been copied and posted on the Site or the Services in a way that constitutes copyright infringement, you or your agent may submit a notification pursuant to the DMCA by providing our DMCA Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail) (a “Notification”):
i. an electronic or physical signature of the owner of (or the person authorized to act on behalf of the owner of) the copyright interest allegedly infringed;
ii. identification of the copyrighted work that you claim has been infringed (or if multiple copyrighted works are covered by a single Notification, a representative list of such works);
iii. identification of the content that you claim 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 content on the Site or the Services (providing URL(s) that link to the claimed infringing content satisfies this requirement);
iv. information reasonably sufficient to permit us to contact you, such as a postal address, telephone number, and an email address;
v. a written statement by you that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
vi. a statement that the information in the Notification is accurate and, under penalty of perjury, that you are (or are authorized to act on behalf of) the owner of the copyright interest that is allegedly infringed.
You should direct Notifications to LiveSpace's DMCA Copyright Agent at: LiveSpace Media, Inc. 300 N Los Angeles St., #532249, Los Angeles, CA 900523, Attn: Copyright Agent, or via email at dmca-requests@live.space. You acknowledge that if you fail to comply with all of the requirements of this Section 7, your Notification may not be valid under the DMCA.
b) In the event you believe that the content posted by another User violates your intellectual property rights other than copyright rights (i.e., trademark rights), please provide the same information requested in Section 7(a) above with respect to the alleged violation. The information should be sent to LiveSpace Media, Inc. 300 N Los Angeles St., #532249, Los Angeles, CA 90053, Attn: Legal, or via email at legal@live.space.
8. Third Party Websites and Advertisements.
a) Links to third party websites including, without limitation, links to Creator websites, on the Site or the Services, are provided solely for your convenience. If you use these links, you will leave the Site or the Services. We do not control and are not responsible for these third-party websites, their content or their policies, and your use of such third-party websites is subject to their respective terms of use and privacy policies. We do not endorse or make any representations about third party websites or any content, goods, or services available thereon or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to the Site or the Services, you do so entirely at your own risk.
b) LiveSpace takes no responsibility for third party advertisements which are posted on the Site or the Services, nor do we take any responsibility for the goods or services provided by such advertisers.
9. Creator Channels.
a) Content. You will be the executive producer of, and responsible for, any and all content you make on the Site using the Services (the “Content”). Your LiveSpace channel(s), including the corresponding channel page(s), is hereafter referred to as your “LiveSpace Channel.” Subject at all times to compliance with these Terms of User, you will decide in your sole discretion: (a) the Content to produce, upload to, and program for your LiveSpace Channel; (b) the quantity of Content programmed, posted, or otherwise displayed for your LiveSpace Channel; (c) the times and days your LiveSpace Channel will be live on the Site; and (d) any other Content you choose to include on the Site. LiveSpace is a content delivery service that relies on Users to upload user generated content, and according you will obtain and maintain at all times (and will be fully liable for failing to obtain and maintain) all necessary rights, consents, approvals, permits, and licenses related to the use, reproduction, broadcasting, streaming, distribution, performance, and display (publicly and otherwise) of Content appearing on your LiveSpace Channel. You will immediately remove any content from your LiveSpace Channel if it violates this Terms of Use.
b) LiveSpace Channel Service Revenue. LiveSpace expressly retains the exclusive right to monetize the Site and Services. However, LiveSpace may make certain monetization tools available for you from which you may be eligible to receive revenue under these Terms of Use (such tools, the “Monetization Tools,” and such fees, the “Service Revenue”) or other separate agreements. When using the Site and Services, the fees you are eligible to receive from your livestreaming performances on, and in connection with, your LiveSpace Channel will be indicated in these Terms of Use or in a separate written agreement with LiveSpace. LiveSpace reserves the right to add, remove, amend, or update any Monetization Tools in its sole discretion, and your use and the availability of any Monetization Tools will be governed by these Terms of Use unless otherwise agreed to in writing.
i. Subscriptions from Users. If eligible (as determined by LiveSpace in its sole discretion) you may receive Service Revenue equal to the percentage set forth in the dashboard made available to you via the Services derived from Net Revenue (as defined herein) of Creator Subscriptions (as defined herein) from Users to your LiveSpace Channel.
ii. Payment Terms. Whenever possible, Service Revenue payable by LiveSpace to you will be paid to you within three (3) business days, and no later than ten (10) business days, following verification of payment by LiveSpace from the applicable User. All payments shall be made United States Dollars, unless otherwise indicated. “Net Revenue” means all revenue actually received by LiveSpace for which you may receive a share in connection with your LiveSpace Channel, less any (a) billing or platform fees, licensing costs and fees, and any other costs and fees of any kind incurred in connection with providing and marketing the Services; (b) taxes, returns, refunds, chargebacks, discounts, currency exchange fees in connection with your chosen payment method, bad debt, and any other applicable credits; and (c) bank and transaction fees associated with your chosen payment option. Your receipt of Service Revenue is contingent on you providing LiveSpace all information and documentation necessary and appropriate to effectuate payment (e.g., IRS Form W-9). Service Revenue shall not be payable until LiveSpace receives all information it deems necessary for delivery of payment, and if you do not provide such information and documentation you will forfeit such Service Revenue on a month-to-month rolling basis one hundred and eighty (180) days after such Service Revenue accrues, until such information and documentation is received by LiveSpace. We will pay you any via the payment methods available from Stripe, Inc., as integrated into the Site and Services, and any payments made thereunder shall be subject to the Stripe Services Agreement and Stripe Connected Account Agreement (which you expressly acknowledge and agree to be bound by). To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information through the Services. Any changes to your contact and payment information may not be effective until at least fifteen (15) business days after submission to us. LiveSpace has the right to offset any amounts owing by LiveSpace to you against any amounts owing from you to LiveSpace, whether under these Terms of Use or otherwise. LiveSpace may institute a payment threshold, and if so, shall not be obligated to make a payment if the total amount of Service Revenue is less than the payment threshold noted on your dashboard, and LiveSpace may instead accrue such payment obligation until such time as its overall obligation to you is at least equal to such payment threshold. If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent fees payable to you under this Agreement. Please note that the Service Revenue amounts set forth on your dashboard are provided for informational purposes only and as an estimate and may not reflect final payment calculations and amounts. If you violate these Terms of Use, in addition to any other rights or remedies available to us, and to the extent permitted by applicable law, we reserve the right to withhold (and you agree you will not be eligible to receive) Service Revenue otherwise payable to you under these Terms of Use or any other separate agreement, whether or not directly related to such violation.
iii. Taxes and Withholding. You may charge, and LiveSpace will pay, applicable national, state or local sales or use taxes or value added taxes (collectively “Taxes”) that you are legally obligated to charge, provided that such Taxes are stated on the original invoices that you provide to us and your invoices state such Taxes separately and meet the requirements for a valid tax invoice. We may deduct or withhold any Taxes that we may be legally obligated to deduct or withhold from any payment made to you under these Terms of Use (or any other separate agreement), and payment to you, as reduced by such deductions or withholdings, will constitute full payment and settlement to you of such payment under this Agreement. You will provide us with any information, forms, documents, or certifications as may be required for us to satisfy any information reporting or withholding tax obligations with respect to any payments under these Terms of Use. For the avoidance of doubt, in receiving payments from LiveSpace hereunder, you will be responsible for complying with all applicable local country tax laws and regulations required by persons or entities, as applicable, receiving such payments.
10. Subscriptions to Creators.
LiveSpace may offer certain aspects of the Services on a subscription basis (“Creator Subscriptions”) as disclosed to you when you subscribe to any Creator Subscription. You may elect to have Creator Subscriptions renew automatically (as described herein) in which case you agree that we are authorized to charge you for payment on a recurring basis prior to each renewal. You also agree that your Creator Subscription will renew continuously for the agreed subscription time until you cancel it. If you are signing up for a Creator Subscription under a promotional offer, some additional terms may apply that will be provided to you prior to such signup.
a) Payments. If you purchase a Creator Subscription, you hereby grant LiveSpace permission to automatically charge the subscription fee to your chosen payment method (which may be your saved payment method) at the beginning of each applicable payment period until you cancel the Creator Subscription. Your access (or the recipient’s access, if a Creator Subscription gift) to the Creator Subscriptions will not be established until LiveSpace has verified that the payment information you provide to LiveSpace for payment is accurate and that your payment method is valid. You further agree that LiveSpace may charge any other applicable fees using your identified payment method for the Services, if disclosed to you in connection with such fees.
i. You are required to keep your billing information current, complete, and accurate (for example, if you move, be sure to update your billing address, and if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify LiveSpace if your selected payment method is canceled (e.g., for loss or theft). LiveSpace reserves the right to discontinue or modify any payment options for Creator Subscriptions fees. If we do so, we will provide notice of such discontinuance or modification by email or through the Services in advance of the next billing date.
ii. To the extent permitted by applicable law, LiveSpace reserves the right to suspend or cancel your access to any Creator Subscription without notice (or after providing reasonable notice where required by applicable law), upon rejection of any due charges, or if your payment method (or its agent or affiliate) causes the return of payments previously made to LiveSpace when you are liable for the charges. Any other requirements that may apply to our right to cancel your Creator Subscription for your default in payment under applicable law shall remain unaffected by the foregoing sentences.
b) Cancelling Creator Subscriptions. You may cancel your Creator Subscription at any time by opting to not renew the Creator Subscription using the methods provided in the Services or by utilizing any other cancellation method that may be available to you under applicable law. LiveSpace may cancel your Creator Subscription by giving you notice by email or through the Services. Either party’s cancellation under the prior paragraph is effective at the end of the current payment period and your Creator Subscriptions will continue until the end of the current payment period.
c) Creator Subscriptions Pricing Changes. LiveSpace may periodically make changes to Creator Subscription offers and pricing, including without limitation to recurring subscription fees, to reflect changes to our business, such as increased costs. When we do so, we will post the revised Creator Subscriptions information in and on the LiveSpace Services. For active recurring Creator Subscriptions, we will provide reasonable prior notice of such changes. Unless otherwise indicated and to the extent permitted by applicable law, any offer or price change will take effect at the start of the next subscription period following the date of the change. By continuing to use the Creator Subscription after the offer or price change takes effect, you will have accepted the new offer or price. If you do not wish to accept such a change, you should cancel your Creator Subscription before the change takes effect.
d) Creator Subscription Gifts. You may purchase a Creator Subscription for other Users to any particular Creator (a “Gift Subscription”). In the event that you make such a purchase, the Gift Subscription (and the recipient’s ability to use it) will begin immediately upon completion of your payment in accordance with the process set out in Payments. LiveSpace will notify your gift recipient(s) that you have purchased the Gift Subscription for their benefit and that they may enjoy the benefit of the Gift Subscription immediately, and for as long as the fixed-term of the Gift Subscription lasts; provided that at all times during such term your gift recipient(s) have a valid LiveSpace account. Your Gift Subscription will run from the time of your purchase to the expiry of the fixed-term for that Gift Subscription, regardless of when or whether your gift recipient(s) receive(s) notification that the Gift Subscription has become available. All use and enjoyment of the Gift Subscription by your gift recipient(s) will terminate when your Gift Subscription expires. If your gift recipient breaches LiveSpace’s Terms of Use following your gift, their use of the Services may be terminated in accordance with LiveSpace’s Terms of Use. Nothing in these Terms of Use shall entitle any gift recipient(s) to any right of enforcement against LiveSpace.
11. Disclaimers
a) MANY CENTURIES AGO, OLD FOLKS IN POWDERED WIGS AND BLACK ROBES DECIDED IT WOULD BE COOL TO TYPE IN ALL CAPS FOR IMPORTANT SECTIONS OF DOCUMENTS SUCH AS WARRANTY SECTIONS SO IT’S “CONSPICUOUS,” EVEN THOUGH ALL SECTIONS ARE IMPORTANT OR ELSE WE WOULDN’T INCLUDE THEM IN THIS AGREEMENT. ANYWAY, WE DECIDED TO FOLLOW THE TRADITION AND TYPE LIKE WE’RE YELLING AT YOU, BUT WE’RE NOT ACTUALLY YELLING AT YOU. PLEASE DON’T TAKE THIS THE WRONG WAY.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, RULES, REGULATIONS AND ORDERS, LIVESPACE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN OR ORAL AND WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE RELIABILITY OR PERFORMANCE OF THE SITE OR THE SERVICES OR THE RELIABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT. IN ADDITION, LIVESPACE DOES NOT REPRESENT, WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED ON OR THROUGH THE SITE OR THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM OR ON BEHALF OF LIVESPACE SHALL CREATE ANY WARRANTY ON BEHALF OF LIVESPACE IN THIS REGARD. YOU AGREE THAT YOU ARE MAKING USE OF THE SITE AND/OR THE SERVICES AT YOUR OWN RISK. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS, SOLELY TO THE EXTENT PROHIBITED BY THE APPLICABLE LAWS OF SUCH JURISDICTIONS.
b) ALTHOUGH LIVESPACE WILL IN GOOD FAITH ENDEAVOR TO REMEDY ERRORS IN THE SITE OR THE SERVICES, LIVESPACE SPECIFICALLY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE WITHOUT ERROR OR INTERRUPTION OR THAT ALL ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED. LIVESPACE SHALL HAVE NO LIABILITY ASSOCIATED WITH ANY INOPERABILITY, PERFORMANCE OF OR INABILITY OR DELAY IN YOUR ACCESS TO THE SITE OR THE SERVICES.
c) LIVESPACE IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, THE SITE OR THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER OR OTHER HARDWARE RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE OR THE SERVICES.
12. Limitation on Liability.
a) IN NO EVENT SHALL LIVESPACE OR ANY OF ITS AFFILIATES, OR ANY OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OWNERS OR REPRESENTATIVES OF ANY OF THE FOREGOING (COLLECTIVELY, “RELATED PARTIES”) BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, OR LOSS OF GOODWILL, WHETHER ARISING IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR THE SERVICES, EVEN IF LIVESPACE OR ANY OF ITS RELATED PARTIES HAVE BEEN NOTIFIED OF THE POSSIBILITY THEREOF.
b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE RELATED PARTIES ARE LIABLE OR SHALL BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM
i. YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES,
ii. GUIDANCE PROVIDED BY LIVESPACE,
iii. INTERRUPTIONS TO THE SITE OR THE SERVICES,
iv. VIRUSES OR MALICIOUS SOFTWARE CONTAINED ON OR TRANSMITTED THROUGH THE SITE OR THE SERVICES,
v. BUGS OR ERRORS OF ANY KIND ON THE SITE OR IN THE SERVICES,
vi. DAMAGE TO YOUR HARDWARE BY USE OF THE SITE OR THE SERVICES,
vii. THE ACTIONS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION OTHER USERS, OR
viii. A SUSPENSION OR TERMINATION OF YOUR CUSTOMER ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES OR EXCLUSIONS OF DAMAGES AND, TO THE EXTENT PROHIBITED BY LAW, SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
c) REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF ANY RELATED PARTY IS FOUND TO BE LIABLE, THE AGGREGATE LIABILITY OF THE RELATED PARTIES FOR ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITY, DAMAGES (ACTUAL AND CONSEQUENTIAL), COSTS, EXPENSES OR SIMILAR ITEMS OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN (COLLECTIVELY, “CLAIMS”) ARISING UNDER OR RELATED TO THIS AGREEMENT, THE SITE, THE SERVICES, OR OTHERWISE SHALL BE LIMITED TO THE LESSER OF
i. ONE HUNDRED DOLLARS ($100.00), OR
ii. THE FEES ACTUALLY PAID TO AND RETAINED BY LIVESPACE FOR THE SPECIFIC ACTIVITY OR SERVICE GIVING RISE TO THE LIABILITY.
13. Indemnity.
You agree to indemnify and hold harmless LiveSpace and its Related Parties from and against any and all Claims arising out of or related to
a) your access to or use of the Site or the Services,
b) your violation of any third party right, including without limitation any copyright, patent, trademark, property or privacy right, or
c) your breach of any of your representations, warranties or covenants contained in this Agreement.
14. Dispute with Users.
You are solely responsible for your interactions with other Users. LiveSpace reserves the right, but has no obligation, to monitor disputes between you and other Users. If you have a dispute with one or more Users, you release LiveSpace and the other Related Parties from Claims arising out of or related to such disputes. By accessing the Site or using the Services, you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those Claims that you may know or suspect to exist in your favor at the time of agreeing to this release
15. U.S. Export Controls.
Software available in connection with the Site and/or the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site, the Services, or otherwise exported or re- exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
16. Legal Disputes; Governing Law; Venue.
PLEASE READ THIS PROVISION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. You agree that any claim or dispute that may arise between you and LiveSpace with respect to this Agreement will be resolved in accordance with this Section 16.
a) Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, this Agreement and any claim or dispute that may arise between you and any Related Party under it shall be construed under the laws of the State of California, without regard to its conflict of laws rules.
b) Agreement to Arbitrate. You and LiveSpace agree that any and all claims and disputes arising between you and us pursuant to this Agreement and your use of the Site or the Services shall be resolved exclusively through final and binding arbitration. Alternatively, you may assert your claims and disputes in small claims court, if the claim or dispute so qualifies, so long as the claim or dispute remains in small claim court and advances on an individual (non-class) basis. The Federal Arbitration Act shall govern this agreement to arbitrate.
i. Class and Representative Actions Prohibited. You and LiveSpace agree that each of us (or any other Related Party) may bring claims and disputes against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and LiveSpace agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims or disputes or preside over a representative or class proceeding. The arbitrator may award relief only to the individual bringing the action and any relief awarded may not affect other Users.
ii. Arbitration Procedures. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable) as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. The AAA’s rules shall govern the number of arbitrators assigned to conduct the arbitration. The party intending to seek arbitration shall send to the other, by certified mail, notice of the dispute. Such notice should be sent to LiveSpace Media, Inc. 300 N Los Angeles St., #532249, Los Angeles, CA 900523, Attn: Legal. LiveSpace shall send any notice to you at the email address on file associated with your Creator Account, as applicable. If you and LiveSpace are unable to resolve any of the claims or disputes described in such notice within 30 days after such notice is received, either party may initiate arbitration proceedings. The form for initiating arbitration is available at www.adr.org, and the party initiating arbitration must both file this form with the AAA and mail a copy of the completed form to the other party at the same addresses as set forth earlier in this paragraph. Any settlement offer made by you or LiveSpace shall not be disclosed to the arbitrator. The arbitration hearing shall be held in a mutually agreed location. The arbitrator’s award shall be consistent with this Agreement and final and binding, and judgment shall be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees shall be governed by AAA’s rules.
iii. Invalidity. With the exception of Section 14(b)(i) above (“Class and Representative Actions Prohibited”), if an arbitrator or court decides that any portion of this Section 14 is invalid or unenforceable, all other portions of this Section 14 shall continue to apply. If an arbitrator or court decides that Section 14(b)(i) is invalid or unenforceable, then the entirety of this Section 14(b) and its subparts shall be null and void, but the rest of this Section 14 shall continue to apply.
iv. Opt-Out Procedure. If you are a new User, you can opt out of this agreement to arbitrate by mailing a written opt-out notice postmarked no later than 30 days after the date you accept the terms of this Agreement for the first time. The opt-out notice should be mailed to: LiveSpace Media, Inc. 300 N Los Angeles St., #532249, Los Angeles, CA 900523, Attn: Legal. The opt-out notice should state that you are opting out of the agreement to arbitrate in the LiveSpace Terms of Use and provide your name, address, phone number, and/or Creator Account information, as applicable, electronic mail address, signature, and date.
v. Amendments to Agreement to Arbitrate. You and LiveSpace agree that if LiveSpace amends this agreement to arbitrate in the future, the amendment shall not apply to a claim or dispute filed by either party prior to the effective date of the amendment.
c) If the agreement to arbitrate does not apply to you, either because you opt-out or as a result of a decision by an arbitrator or court order, you agree that any claim or dispute that has arisen between you and LiveSpace will be resolved exclusively by a state or federal court located in Los Angeles, California. You and LiveSpace agree to submit to personal jurisdiction of the courts located in Los Angeles, California for purposes hereof.
17. Notices.
a) Unless otherwise specifically provided elsewhere in the context in which it applies, any notice required or permitted to be given to any party to this Agreement, or any other agreement between you and LiveSpace, shall be in writing and shall
i. if to LiveSpace, be either personally delivered by hand, delivered by prepaid courier, or sent by prepaid registered mail to LiveSpace Media, Inc. 300 N Los Angeles St., #532249, Los Angeles, CA 900523, Attn: Legal, and shall be deemed received upon delivery, and
ii. if to a Creator, be delivered either to the email address specified in connection with that Creator’s Account, or by being posted as a notification to the Creator’s Account.
b) The address at which notice may be given to LiveSpace may be changed by LiveSpace by giving you written notice as provided in this Section 15.
18. YouTube API Services and Google Analytics.
LiveSpace’s API Client uses YouTube API Services and we also use a tool called “Google Analytics.” If you are using our Services, you hereby are agreeing to our Privacy Policy and you certify that you have read and agree to the YouTube Terms of Service, the Google Analytics Terms of Use and the Google Privacy Policy.
19. Force Majeure.
LiveSpace shall not be liable for any delay or failure in performance resulting from acts or occurrences beyond the reasonable control of LiveSpace, including, without limitation, (and whether similar or dissimilar) acts of God, zombie apocalypse, acts of war (terrestrial or extraterrestrial), terrorism, riot, fire, flood, or other disaster or other natural occurrence, acts of government, strike, lockout, or power or Internet failure.
20. Assignment.
You may not assign or transfer any of your rights or obligations under this Agreement, or any other agreement between you and LiveSpace, without the prior written consent of LiveSpace, which consent LiveSpace may withhold in its sole discretion, and any such attempted assignment or transfer without such prior written consent shall be null and void. LiveSpace shall have the right to assign or transfer this Agreement at its sole discretion, including in the event of merger, corporate reorganization, sale, or acquisition of all or substantially all of its assets. This Agreement shall be binding on the parties and their respective successors and permitted assigns.
21. Relationship of the Parties.
You and LiveSpace enter into this Agreement as independent contractors, and neither LiveSpace nor you shall be or construed to be a partner, joint venturer, agent, or employee of the other party.
22. General Provisions.
This Agreement, the Privacy Policy, and any other agreements between you and LiveSpace, constitute the entire agreement between you and LiveSpace regarding you access of the Site and use of the Services, operate to the fullest extent permissible by law and supersede all prior and contemporaneous agreements, understandings, proposals, and negotiations of any kind, whether oral or written, with respect to the subject matter hereof and thereof. The failure of LiveSpace to exercise or enforce any right or provision shall not operate as a waiver of such right or provision. Headings are inserted for convenience of reference only and shall not be used for the purpose of interpreting this Agreement, the Privacy Policy, or any other agreement between you and LiveSpace. No party may create any obligation on behalf of any other party except as expressly set forth herein or in connection with any other agreement between you and LiveSpace. If any provision of this Agreement, or any other agreement between you and LiveSpace, is declared by a court of competent jurisdiction to be invalid, unlawful, void or unenforceable, such provision shall be severed from the agreement in question, and the other provisions shall remain in full force and effect, and that provision shall, to the fullest extent lawful, be reformed and construed as if such invalid, unlawful, void or unenforceable provision (or part thereof) had never been included herein or therein and to be valid, lawful and enforceable to the maximum extent possible.
FIN.
LIVESPACE PRIVACY POLICY
Last updated November 1, 2022
This privacy notice for LiveSpace Media, Inc. (doing business as LiveSpace) ("LiveSpace," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:
• Visit our platform or website at www.live.space, or any website of ours that links to this privacy notice
• Engage with us in other related ways, including any sales, marketing, or events
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at compliance@live.space.
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with LiveSpace and the Services, the choices you make, and the products and features you use.
Do we process any sensitive personal information? We do not process sensitive personal information.
Do we receive any information from third parties? We do not receive any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.
In what situations and with which types of parties do we share personal information? We may share information in specific situations and with specific categories of third parties.
How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
How do you exercise your rights? The easiest way to exercise your rights is by contacting us at compliance@live.space. We will consider and act upon any request in accordance with applicable data protection laws.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
6. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
8. HOW LONG DO WE KEEP YOUR INFORMATION?
9. HOW DO WE KEEP YOUR INFORMATION SAFE?
10. WHAT ARE YOUR PRIVACY RIGHTS?
11. CONTROLS FOR DO-NOT-TRACK FEATURES
12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
13. DO WE MAKE UPDATES TO THIS NOTICE?
14. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
15. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
• names
• phone numbers
• email addresses
• usernames
• contact or authentication data
• debit/credit card numbers
• passwords
Sensitive Information. We do not process sensitive information.
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is stored securely by Stripe. You may find their privacy notice link(s) here: https://stripe.com/privacy.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
The information we collect includes:
• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
• Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
• Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.
2. HOW DO WE PROCESS YOUR INFORMATION?
In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
• To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and login to your account, as well as keep your account in working order.
• To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
• To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
• To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
• To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
• To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user.
• To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
• To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see "WHAT ARE YOUR PRIVACY RIGHTS?" below).
• To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
• To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
• To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
• To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
• To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?
In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.
If you are located in the EU or UK, this section applies to you.
The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:
• Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.
• Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.
• Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
• Send users information about special offers and discounts on our products and services
• Develop and display personalized and relevant advertising content for our users
• Analyze how our Services are used so we can improve them to engage and retain users
• Support our marketing activities
• Diagnose problems and/or prevent fraudulent activities
• Understand how our users use our products and services so we can improve user experience
• Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
• Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.
If you are located in Canada, this section applies to you.
We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.
In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:
• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
• For investigations and fraud detection and prevention
• For business transactions provided certain conditions are met
• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
• For identifying injured, ill, or deceased persons and communicating with next of kin
• If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
• If the collection is solely for journalistic, artistic, or literary purposes
• If the information is publicly available and is specified by the regulations
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In Short: We may share information in specific situations described in this section and/or with the following categories of third parties.
Vendors, Consultants, and Other Third-Party Service Providers.
We may share your data with third-party vendors, service providers, contractors, or agents ("third parties") who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct.
The categories of third parties we may share personal information with are as follows:
• Ad Networks
• Affiliate Marketing Programs
• Cloud Computing Services
• Communication & Collaboration Tools
• Data Analytics Services
• Data Storage Service Providers
• Order
• Fulfillment
• Service Providers
• Payment Processors
• Performance Monitoring Tools
• Product Engineering & Design Tools
• Retargeting Platforms
• Sales & Marketing Tools
• Social Networks
• Testing Tools
• User Account Registration & Authentication Services
• Website Hosting Service Providers
We also may need to share your personal information in the following situations:
• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
• Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
In Short: We are not responsible for the safety of any information that you share with third parties that we may link to or who advertise on our Services, but are not affiliated with, our Services.
The Services may link to third-party websites, online services, or mobile applications and/or contain advertisements from third parties that are not affiliated with us and which may link to other websites, services, or applications. Accordingly, we do not make any guarantee regarding any such third parties, and we will not be liable for any loss or damage caused by the use of such third-party websites, services, or applications. The inclusion of a link towards a third-party website, service, or application does not imply an endorsement by us. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy notice. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Services. You should review the policies of such third parties and contact them directly to respond to your questions.
6. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.
7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries other than your own.
Our servers are located in the United States. If you are accessing our Services from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "WHEN AND WITH WHOM DO WESHARE YOUR PERSONAL INFORMATION?" above), in the United States and other countries.
If you are a resident in the European Economic Area (EEA) or United Kingdom (UK), then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, we will take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.
European Commission's Standard Contractual Clauses:
We have implemented measures to protect your personal information, including by using the European Commission's Standard Contractual Clauses for transfers of personal information between our group companies and between us and our third-party providers. These clauses require all recipients to protect all personal information that they process originating from the EEA or UK in accordance with European data protection laws and regulations. Our Standard Contractual Clauses can be provided upon request. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.
8. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
9. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access theServices within a secure environment.
10. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the EEA, UK, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section"HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
We will consider and act upon any request in accordance with applicable data protection laws.
If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here:
https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below or updating your preferences.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying "STOP" or "UNSUBSCRIBE" to the SMS messages that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
• Log in to your account settings and update your user account
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.
If you have questions or comments about your privacy rights, you may email us at compliance@live.space.
11. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:
1. every individual who is in the State of California for other than a temporary or transitory purpose and
2. every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
Category Examples Collected
A. Identifiers
Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name
YES
B. Personal information categories listed in the California Customer Records statute
Name, contact information, education, employment, employment history, and financial information
YES
C. Protected classification characteristics under California or federal law
Gender and date of birth
YES
D. Commercial information
Transaction information, purchase history, financial details, and payment information
YES
E. Biometric information
Fingerprints and voiceprints
NO
F. Internet or other similar network activity
Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements
YES
G. Geolocation data
Device location
YES
H. Audio, electronic, visual, thermal, olfactory, or similar information
Images and audio, video or call recordings created in connection with our business activities
YES
I. Professional or employment-related information
Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us
YES
J. Education information
Student records and directory information
NO
K. Inferences drawn from other personal information
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
YES
We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:
• Receiving help through our customer support channels;
• Participation in customer surveys or contests; and
• Facilitation in the delivery of our Services and to respond to your inquiries
How do we use and share your personal information?
LiveSpace Media, Inc. collects and shares your personal information through:
• Targeting cookies/Marketing cookies
• Social media cookies
• Beacons/Pixels/Tags
• Click redirects and affiliate links
• Social media plugins — We may use social media features, such as a "Like" button, and widgets, such as a "Share" button, in our Services. Such features may process your Internet Protocol (IP) address and track which page you are visiting on our website. We may place a cookie to enable the feature to work correctly. If you are logged in on a certain social media platform and you interact with a widget or button belonging to that social media platform, this information may be recorded to your profile of such social media platform. To avoid this, you should log out from that social media platform before accessing or using the Services. Social media features and widgets may be hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy notices of the companies that provide them. By clicking on one of these buttons, you agree to the use of this plugin and consequently the transfer of personal information to the corresponding social media service. We have no control over the essence and extent of these transmitted data or their additional processing.
More information about our data collection and sharing practices can be found in this privacy notice.
You can opt out from the selling of your personal information by disabling cookies in your internet browser cookie preference settings.
You may contact us by email at compliance@live.space, or by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.
LiveSpace Media, Inc. has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:
• Category A. Identifiers, such as contact details like your real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name.
• Category B. Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history, and financial information.
• Category C. Characteristics of protected classifications under California or federal law, such as gender or date of birth.
• Category D. Commercial information, such as transaction information, purchase history, financial details, and payment information.
• Category F. Internet or other electronic network activity information, such as browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements.
• Category G. Geolocation data, such as device location.
• Category H. Audio, electronic, visual, and similar information, such as images and audio, video, or call recordings created in connection with our business activities.
The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under "WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?".
Your rights with respect to your personal data
Right to request deletion of the data — Request to delete
You can ask for the deletion of your personal information by contacting us by email at compliance@live.space. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
Right to be informed — Request to know
Depending on the circumstances, you have a right to know:
• whether we collect and use your personal information;
• the categories of personal information that we collect;
• the purposes for which the collected personal information is used;
• whether we sell your personal information to third parties;
• the categories of personal information that we sold or disclosed for a business purpose;
• the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
• the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file,or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
• You may object to the processing of your personal information.
• You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.
• You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
To exercise these rights, you can contact us by email at compliance@live.space, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
13. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
14. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at compliance@live.space or by post to:
LiveSpace Media, Inc.
P.O. Box 532249
Los Angeles, CA 90053 United States
15. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please submit a request by emailing us at compliance@live.space.
ADVERTISING
All or partial advertising on this Website or App is managed by Playwire LLC. If Playwire publisher advertising services are used, Playwire LLC may collect and use certain aggregated and anonymized data for advertising purposes. To learn more about the types of data collected, how data is used and your choices as a user, please visit https://www.playwire.com/privacy-policy.
For EU Users only: If you are located in countries that are part of the European Economic Area, in the United Kingdom or Switzerland, and publisher advertising services are being provided by Playwire LLC, you were presented with messaging from our Consent Management Platform (CMP) around your privacy choices as a user in regards to digital advertising, applicable vendors, cookie usage and more. If you’d like to revisit the choices you have made previously on this Website or App, please click here.