Terms & Conditions

Last modified: April 4, 2016

Welcome from Live Vicarious, Inc (“Live Vicarious,” “Vicarious,” “us,” “we” or “our”)! These Terms of Use (“Terms”) apply to the website livevicarious.com, and any other websites, applications or services offered by Live Vicarious, Inc (collectively, the “Service”). “You” refers to the user of or visitor to the Service. The Terms incorporate by this reference the terms of our Privacy Policy [www.livevicarious.com/privacy]. Your use of the Service is governed by the Terms regardless of how you access the Service. Additional terms and conditions may also apply to specific services or features of the Service, including contests, promotions, or other similar features; such additional terms and conditions are considered incorporated into the Terms. By accessing or using the Service, you acknowledge that you have read, understood and agree to the Terms. If you do not agree to the Terms and our Privacy Policy, you are not authorized to use or access the Service.

Changes to the Terms

We may make changes to the Terms from time to time and at any time without notice to you by posting modifications to the Terms at the Service. By using the Service following such changes, you agree to be bound by such changes. Please check the Service periodically to familiarize yourself with any changes that may have been made to the Terms. You can determine when the Terms were last changed by checking the “Last Updated” reference above.

User Eligibility

You must be at least 13 years old to use the Service. If you are under the age of 13, you may not use the Service. If you are under the age of majority in your jurisdiction of residence, you may only use the Service with the involvement of your parent or legal guardian. You represent that you (i) are either at least 18 years old, an emancipated minor, or you have the consent of your parent or legal guardian, and (ii) have the legal right and capacity to agree to and abide by these Terms. If you are using the Service on behalf of a legal entity other than yourself, you represent that you have the legal right and authority to agree to the Terms on behalf of such entity (and “you” and “your” as used in the Terms will refer to that entity).

Proprietary Rights

The entirety of the content in the Service is a collective work owned by Live Vicarious and is protected by U.S. and international copyright laws. Copyright 2016 Live Vicarious, Inc. All rights reserved. All elements comprising the Service, including without limitation, the text, Service design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Live Vicarious or its licensors, and are protected by applicable U.S. and international laws. All software used in this Service is the property of Live Vicarious or its licensors, and such software is also protected by U.S. and international copyright laws. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Service are owned by Live Vicarious or third parties who have authorized their use. Any rights not expressly granted to you in these Terms are reserved by us.

Use of Service; Restrictions

Subject to your compliance with the Terms, we grant you a personal, limited, non-exclusive license to use the Service. Such use shall be for non-commercial purposes only, except to the extent that you seek to monetize your User Content as permitted within the Service. Any other use, including the reproduction, modification, distribution, transmission, translation, republication, display or performance of any content of the Service (other than your own User Content) is strictly prohibited. Your permission to access or use the Service immediately terminates in the event you breach any of the Terms.

You acknowledge that the Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability to you. You agree that these Terms and any rights or obligations arising under these Terms may not be assigned by you, although we may make assignments without restriction.

You agree not to: (i) modify, revise, translate or create any derivative works of the Service or any of its content; (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the Service; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Service or any of its content; (iv) remove or alter any proprietary notices, legends, symbols or labels in the Service, including, but not limited to, any trademark or copyright notices; (v) transmit a virus or other destructive mechanisms to the Service or Service users; (vi) interfere with the proper operation of the Service; (vii) create a database by systematically downloading and storing Service content; (viii) use an automated search / retrieval application (e.g., a robot or spider) or device to access, scrape, data mine, or index the Service or any portion of the Service without our express written consent; (ix) take any action that damages the Service or imposes an unreasonable or large load on the Service or makes excessive traffic demands of the Service; (x) attempt to gain unauthorized access to the Service; (xi) use the Service in any way that violates any applicable laws, rules, regulations or ordinances; (xii) use the Service in any manner which restricts or inhibits anyone’s use or enjoyment of the Service; or (xiii) frame or mirror the Service or any content on the Service.

User Content

The Service permits you to post, upload or transmit Audiovisual recordings, images, sounds, comments, text and other materials posted, uploaded or transmitted by you to the Service are collectively referred to in the Terms as “User Content.” For the avoidance of doubt, User Content includes any names, marks, logos or other identifiers included provided by you in connection with your account with the Service or otherwise with the User Content, as well as any summaries or descriptions of videos or other materials that you post, upload or transmit to the Service.

You grant to us, and warrant that you have the right to grant to us, a non-exclusive, irrevocable, worldwide, transferable, royalty-free, sublicenseable right to use, market and promote your User Content in any manner or media now or later developed, for any purpose, including without limitation the rights to reproduce, publicly display, publicly perform, translate, transmit, broadcast, reproduce, modify, create derivative works, distribute, commercialize, and create derivative works from your User Content without any payment due to you, with or without your name (whether your legal name or your user name on the Service). Without limiting the foregoing, you represent that you have all consents and licenses necessary to use and to authorize us and our users to use the User Content in the manner contemplated by the Service. For the avoidance of doubt, you agree that other users of the Service shall have the right to view User Content on or through the Service. Such right includes the right to copy or make derivative works of the User Content to the extent necessary to view any User Content. You agree that User Content is not confidential.

With respect to each item of User Content, the licenses in the preceding paragraph will continue for a reasonable time (as determined by us) after you remove such User Content from the Service. Notwithstanding the foregoing, you acknowledge and agree that we may archive all User Content for our own internal business purposes in perpetuity. You acknowledge that User Content may still be accessible elsewhere online even after it is removed from public access on the Service (e.g., via search engine indexes).

You agree that User Content created, posted or otherwise made available by you will not: (i) be abusive, threatening or harassing towards others; (ii) include any infringing, obscene, defamatory, slanderous, libelous, offensive, or illegal content (including without limitation content which violates another person’s right of privacy); (iii) include any content designed to injure people or property (including without limitation viruses); (iv) impersonate others or be misleading as to your identity, the source of the User Content; (v) suggest that you or your User Content is sponsored or endorsed by us; (vi) infringe or violate the rights of any third party (including without limitation copyrights or rights of publicity or privacy); or (vii) otherwise violate the Terms.

We have no obligation to screen or review User Content. We reserve the right, but have no obligation, to remove, edit or refuse to post User Content that is not in compliance with the Terms or for any other reason as determined by us in our sole discretion.

You acknowledge that when using the Service, you will be exposed content created by other users of the Service and other sources. Live Vicarious does not approve of or endorse any such content. Such content does not necessarily reflect our views. We assume no responsibility and assume no liability for any User Content posted by you on the Service, or any content posted by others on the service.

Fees

Access to some features or content on the Service require payment from you (“Premium Content”). All payments made by you to us are non-refundable. Premium Content may be viewable on the Service, downloadable or both, and these options will have different fees associated with them. Once you pay the applicable fee, you will be permitted to view or download the content, as applicable. You acknowledge that fees may change from time to time on the Service. We reserve the right to remove Premium Content from the Service at any time in our sole discretion without any liability to you, even if the Premium Content is removed from the Service before you have had a chance to view or download it. You may only view or download Premium Content for your personal, non-commercial purposes. You agree not to publicly perform, publicly display, or distribute any Premium Content and you agree not to resell or accept any consideration to permit others to view or download any Premium Content.

The Service may permit you to designate none, some, or all of your User Content as Premium Content. In such event, you will designate whether the content may be viewable on the Service, downloadable by users or both, and set the retail price payable by end users at your discretion for their use of and access to such content. For any transfer of payments, Live Vicarious will receive 45% of the payments and the user will receive 55% of the payments.

We You are solely responsible for all income taxes related to your receipt of the Revenue Share. To the extent we are required to withhold any taxes from sums otherwise payable to you, you authorize us to do so. We may file reports with taxing authorities such as the Internal Revenue Service with respect to sums paid to you hereunder.

Communications with Us

By sending us any ideas, comments, suggestions, questions or other material, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material in any manner, including in connection with our business, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

You agree that no comments or other information submitted by you to us will violate any personal or proprietary right of any third party (including, without limitation, copyright, trademark or trade secret rights). You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to us. You also agree that we are under no obligations of confidentiality, whether express or implied, with respect to any ideas, comments, suggestions, questions or other material you send us.

User Account, Password, and Security

To complete your registration, you will provide your name, an email address and a password. To make a purchase on the Service, you will need to provide your name, billing address, financial information, and payment card information. You agree that all information you provide to us will be true, complete and accurate and represent that you have the right to provide such information. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer. You may not allow others to access your account with the Service.

You agree to (i) immediately notify us of any unauthorized use of your account or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. Live Vicarious cannot and will not be liable for any loss or damage arising from the unauthorized use of your account or your failure to comply with this section.

Third Party Sites

The Service may include links to websites or applications operated by third parties. We make no representations whatsoever about any third party websites or applications that you may access through the Service. Your use of such sites or applications is at your own risk.

Indemnity

You agree to indemnify, defend, and hold harmless Live Vicarious, its affiliates, licensors and service providers, and their respective officers, directors, employees, agents, representatives, suppliers, content and service providers, successors and assigns from and against all claims, losses, expenses, damages, liabilities and costs (including reasonable attorneys’ fees) arising from or related to your use of the Service, your User Content, (including without limitation all claims arising from User Content posted by you on the Service), your violation of the Terms, or your violation of any law or any third party rights.

Disclaimers; Limitation of Liability

THE SERVICE, ITS CONTENTS AND THE PRODUCTS AND SERVICES AVAILABLE ON THE SERVICE ARE PROVIDED ON AND “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVE VICARIOUS, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SERVICE, ITS CONTENTS, ITS USES AND THE PRODUCTS AND SERVICES OFFERED ON THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL LIVE VICARIOUS, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, CONTENT OR SERVICE PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICE, ANY MATERIALS AT THE SERVICE, ANY PRODUCTS OR SERVICES AVAILABLE AT THE SERVICE, OR ANY LOST DATA. YOUR ONLY REMEDY AGAINST US IN CONNECTION WITH THE SERVICE OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE AT THE SERVICE IS TO STOP USING THE SERVICE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU EXCEED $100. THE FOREGOING APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Applicable Law

All matters relating to the Service, these Terms, or any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state or federal courts of Travis County, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You agree that the Service is a passive website based in Texas which does not give rise to personal jurisdiction over Live Vicarious in any jurisdiction other than Texas. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver; Severability

No delay or omission by us in exercising any right under these Terms will operate as a waiver of that or any other right. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent permitted by law and the remaining provisions of the Terms will continue in full force and effect.

Termination

We may close your account, suspend your ability to use all or certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing the Service (including any User Content posted by you) or any other related information. These Terms remain in effect even after your account or ability to access the Service is terminated. Without limiting the generality of the foregoing sentence, the sections of the Terms entitled to Proprietary Rights, User Content, Communications with Us, Indemnity, Disclaimers; Limitations of Liability, Applicable Law, Waiver; Severability and terms that by their nature may survive termination shall survive any termination.

Relationship

You agree that you are not an employee, partner or joint venturer of Live Vicarious.

Copyright Infringement

If you believe that any materials on or accessible from the Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our Copyright Agent named below. Such notice must include

  • an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered in a single notice, a list of such works;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (e.g., a link on the Service where the material is located);
  • information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address where the complaining party can be contacted;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • a statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Copyright Agent for notice of claims of copyright infringement can be reached at:

mail@livevicarious.com

Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under applicable law.