TERMS & CONDITIONS

Terms & Conditions (Oct 3rd 2021)

Agreement between Customer and I-LIVE-ON

Welcome to I-LIVE-ON. The image below shows the opening page of the I-LIVE-ON.App:

There are various Services that I-LIVE-ON LLC (herein after referred to as “I-LIVE-ON”) offer to you the “Customer” (also referred to as the “User” in some of I-LIVE-ON’s documentation), and these Services are offered through our Website (I-LIVE-ON.Com), our Free I-LIVE-ON Downloadable App (i.e. I-LIVE-ON.App) (with some In-App Advertising) and the associated backend infrastructure (i.e. I-LIVE-ON.Backend) that together supports our Services (i.e. I-LIVE-ON “Services”). I-LIVE-ON reserves the right to commence charging for the I-LIVE-ON.App in the future.

The I-LIVE-ON Website (I-LIVE-ON.Com) (the E-Commerce “Website”) is comprised of various web pages operated by I-LIVE-ON. The I-LIVE-ON.App provided by I-LIVE-ON is available for free downloading by Customers and is subject to the associated End User License Agreement (EULA). The I-LIVE-ON.Backend infrastructure is supported by established third party companies (such as AWS, Google, Unity etc).

The I-LIVE-ON.Com website, I-LIVE-ON.App and associated I-LIVE-ON Services and I-LIVE-ON.System are operated under US (United States of America) laws. If you access the I-LIVE-ON.System website and associated services overseas then think of it as if you were visiting the US and ordering a service domestically within the US.

The Software Product (refer EULA) may not be sold or given away for free or enabled to be downloadable through any website or any other medium such as a CD etc. The Software Product is only available to be downloaded through the www.I-LIVE-ON.Com web domain.

The I-LIVE-ON Services offered to you are conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, which includes the Terms & Conditions (this document), the Privacy Policy and the EULA (i.e. the “Terms”).

Your use of I-LIVE-ON constitutes your agreement to all such Terms. Please read these terms carefully and you may keep a copy of them for your reference.

I-LIVE-ON may develop and change – as its Services mature, based on Customer feedback improvements and developments to our Services. This may include modifications and an eventual rewrite of these Terms & Conditions, and the associated Privacy Policy and EULA documents.

It is your responsibility to review and reread any update to these Terms and Conditions (refer “Changes to Terms” Section below). The most current version of these Terms and Conditions will supersede all previous versions, which includes the possible eventual transition from I-LIVE-ON LLC to I-LIVE-ON Corporation in the future, and the Customer is asked to note these provisions.

Services

Free* downloadable I-LIVE-ON.App – available to download via our Website;

Free I-LIVE-ON.Presentation Services which are produced by the I-LIVE-ON.App and our Website;

[FUTURE FEATURE] I-LIVE-ON.Subscription Services which shall be developed and made available in the near future, which shall comprise the storage and the ability to access the Customer’s I-LIVE-ON.Presentation (aka Life Story) that is published on the Customers designated webpage within I-LIVE-ON.Com for a period of 1 or more years. Service Term will be progressively increased beyond 1 Year.

Note * : I-LIVE-ON reserves the right to commence charging for the I-LIVE-ON.App in the future.

Privacy

Your use of I-LIVE-ON is subject to I-LIVE-ON’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs Customers of our data collection practices.

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I-LIVEON and Google Content policies

I-LIVE-ON Content policies mirror Google’s Content policies as laid out below. If any Customer violates these policies when the subscribe to an I-LIVE-ON.Subscription Service, then their content will be purged from the I-LIVE-ON.Com website and their I-LIVE-ON.Portal will be blocked for repeat offenses.

LIVE-ON will not refund any subscriptions, under any circumstances, for violation of these Content policies – and will use its sole discretion to determine if any of the policies documented in these Terms & Conditions have been violated.

Illegal content

We do not allow content that:

is illegal, promotes illegal activity, or infringes on the legal rights of others.

Intellectual property abuse

We do not allow content that:

  • infringes copyright. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). You can file a counter-notification via this form.
  • sells or promotes the sale of counterfeit products. Counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another. They mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner.

Dangerous or derogatory content

We do not allow content that:

  • incites hatred against, promotes discrimination of, or disparages an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or other characteristic that is associated with systemic discrimination or marginalization.
  • Examples: Promoting hate groups or hate group paraphernalia, encouraging others to believe that a person or group is inhuman, inferior, or worthy of being hated
  • harasses, intimidates, or bullies an individual or group of individuals.
  • Examples: Singling out someone for abuse or harassment, suggesting a tragic event did not happen or that victims or their families are actors or complicit in a cover-up of the event
  • threatens or advocates for physical or mental harm to oneself or others.
  • Examples: Content advocating suicide, anorexia, or other self-harm; threatening someone with real-life harm or calling for the attack of another person; promoting, glorifying, or condoning violence against others; content made by or in support of terrorist groups or transnational drug trafficking organizations, or content that promotes terrorist acts, including recruitment, or that celebrates attacks by transnational drug trafficking or terrorist organizations
  • exploits others through extortion.
  • Examples: Exploitative removals, revenge porn, blackmail

Animal cruelty

We do not allow content that:

  • promotes cruelty or gratuitous violence towards animals.
  • Examples: Promoting animal cruelty for entertainment purposes, such as cock or dog fighting

promotes the sale of products obtained from endangered or threatened species.

  • Examples: Sale of tigers, shark fins, elephant ivory, tiger skins, rhino horn, dolphin oil

Misrepresentative content

Misleading representation

We do not allow content that:

  • misrepresents, misstates, or conceals information about the publisher, the content creator, the purpose of the content, or the content itself.
  • falsely implies having an affiliation with, or endorsement by, another individual, organization, product, or service.
  • Examples: Impersonating Google products, misusing company logos

Unreliable and harmful claims

We do not allow content that:

  • makes claims that are demonstrably false and could significantly undermine participation or trust in an electoral or democratic process.
  • Examples: information about public voting procedures, political candidate eligibility based on age or birthplace, election results, or census participation that contradicts official government records
  • promotes harmful health claims, or relates to a current, major health crisis and contradicts authoritative scientific consensus.
  • Examples: Anti-vaccine advocacy, denial of the existence of medical conditions such as AIDS or Covid-19, gay conversion therapy

Deceptive practices

We do not allow:

  • enticing users to engage with content under false or unclear pretenses.
  • attempting to steal personal information or trick users into sharing personal information
  • Example: Social engineering like phishing

promoting content, products, or services using false, dishonest, or deceptive claims.

  • Examples: “Get Rich Quick” schemes
  • coordinating with other sites or accounts and concealing or misrepresenting your identity or other material details about yourself, where your content relates to politics, social issues or matters of public concern.
  • directing content about politics, social issues, or matters of public concern to users in a country other than your own, if you misrepresent or conceal your country of origin or other material details about yourself.

Manipulated media

We do not allow content that:

  • deceives users through manipulated media related to politics, social issues, or matters of public concern.

Enabling dishonest behavior

We do not allow content that:

  • promotes any form of hacking or cracking and/or provides users with instructions, equipment, or software that tampers with or provides unauthorized access to devices, software, servers, or websites.
  • Examples: Pages or products that enable illegal access of cell phones and other communications or content delivery systems or devices;products or services that bypass copyright protection, including circumvention of digital rights management technologies; products that illegally descramble cable or satellite signals in order to get free services; pages that assist or enable users to download streaming videos if prohibited by the content provider
  • enables a user, or promotes products and services that enable a user, to track or monitor another person or their activities without their authorization.
  • Examples: Spyware and technology used for intimate partner surveillance including but not limited to spyware/malware that enables a user to monitor another person’s texts, phone calls, or browsing history; GPS trackers specifically marketed to spy or track someone without their consent; promotion of surveillance equipment (e.g. cameras, audio recorders, dash cams, nanny cams) marketed with the express purpose of spying
  • This does not include (a) private investigation services or (b) products or services designed for parents to track or monitor their underage children.

Malicious or unwanted software

We do not allow content that:

  • contains malicious software or “malware” that may harm or gain unauthorized access to a computer, device, or network.
  • Examples: Computer viruses, ransomware, worms, trojan horses, rootkits, keyloggers, dialers, spyware, rogue security software, and other malicious programs or apps
  • violates Google’s Unwanted Software policy.
  • Examples: Failure to be transparent about the functionality that the software provides or the full implications of installing the software; failing to include Terms of Service or an End User License Agreement; bundling software or applications without the user’s knowledge; making system changes without the user’s consent; making it difficult for users to disable or uninstall the software; failing to properly use publicly available Google APIs when interacting with Google services or products

Sexually explicit content

We do not allow content that:

  • includes graphic sexual text, image, audio, video, or games.
  • Examples: Sex acts such as genital, anal, and/or oral sex; masturbation; cartoon porn or hentai; graphic nudity
  • contains non-consensual sexual themes, whether simulated or real.
  • Examples: Rape, incest, bestiality, necrophilia, snuff, lolita or teen-themed pornography, underage dating

Compensated sexual acts

We do not allow content that:

  • may be interpreted as promoting a sexual act in exchange for compensation.
  • Examples: Prostitution; companionship and escort services; intimate massage; cuddling sites; compensated dating or sexual arrangements where one participant is expected to provide money, gifts, financial support, mentorship, or other valuable benefits to another participant such as “Sugar” dating

Mail order brides

We do not allow content that:

  • facilitates marriage to a foreigner.
  • Examples: Mail order brides, international marriage brokers, romance tours

Adult themes in family content

We do not allow content that:

  • is made to appear appropriate for a family audience, but contains adult themes including sex, violence, or other depictions of children or popular children’s characters that are unsuitable for a general audience.

Child sexual abuse and exploitation

We do not allow content that:

  • Sexually exploits or abuses children or content that promotes the sexual exploitation or abuse of children. This includes all child sexual abuse materials.
  • Endangers children. Including but not limited to:
    • ‘Child grooming’ (for example, befriending a child online to facilitate, either online or offline, sexual contact and/or exchanging sexual imagery with that child);
    • ‘Sextortion’ (for example, threatening or blackmailing a child by using real or alleged access to a child’s intimate images);
    • Sexualization of a minor (for example, content that depicts, encourages or promotes the sexual abuse or exploitation of children); and
    • Trafficking of a child (for example, advertising or solicitation of a child for commercial sexual exploitation).

We will take appropriate action, which may include reporting to the National Center for Missing & Exploited Children and disabling accounts. If you believe a child is in danger of or has been subject to abuse, exploitation, or trafficking, contact the police immediately. If you have concerns a child is being or was being endangered in connection with our products, you can report the behavior to Google.

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Behavioral policies 

Dishonest declarations

Information provided by publishers to enable their use of or interaction with Google advertising systems:

  • must be materially accurate and complete, without misleading omissions; and
  • cannot be expressed in a deceptive or misleading manner.
  • Examples: The personal information or payment details provided by a publisher are materially incomplete, obscured or inaccurate. Information provided about a publisher’s website (e.g., in the ads.txt file) or app (e.g., in the app-ads.txt file) is inaccurate. Ad requests that contain partial or inaccurate URLs or AppIDs.

Ads interfering

Google-served ads interfering with content or user interactions

We do not allow Google-served ads that:

  • overlay or are adjacent to navigational or other action items and may lead to unintended ad interactions.
  • severely interfere with consumption of content including overlaying the content or pushing the content off the display,
  • are placed on a “dead end” screen where the user is not able to exit the screen without clicking the ad.

Inventory value

Google-served ads on screens without publisher-content

We do not allow Google-served ads on screens:

  • without publisher-content or with low-value content,
  • that are under construction,
  • that are used for alerts, navigation or other behavioral purposes

Out of context ads

We do not allow Google-served ads:

  • in apps or web pages that run in the background,
  • that appear outside the display,
  • when the user’s attention is expected to be elsewhere and not on the screen hosting the ad.

It must be clear to the user with which publisher-content the ad is associated.

Google-served ads on screens with replicated content

We do not allow Google-served ads on screens:

  • with embedded or copied content from others without additional commentary, curation, or otherwise adding value to that content.

You are also required to comply with Google’s Intellectual property abuse policy.

More ads or paid promotional material than publisher-content

We do not allow Google-served ads on screens:

  • with more ads or other paid promotional material than publisher-content.

Unsupported languages

We do not allow content that:

  • is not primarily in one of the supported languages.

Google Requirements and Other Standards

Webmaster Guidelines

We will not:

Abusive experiences 

We will not:

Better Ads Standards

We will not:

Authorized inventory

We will not:

  • place Google-served ads on a domain that uses ads.txt where you are not included as an authorized seller of the inventory in the ads.txt file. 

Sanctions compliance

Google must comply with sanctions and export controls maintained by the United States Treasury Department’s Office of Foreign Assets Control (OFAC), United States Commerce Department’s Bureau of Industry & Security and other applicable  sanctions. As a result, Google publisher products are not available to publishers in the following countries or territories:

  • Crimea
  • Cuba
  • Iran
  • North Korea
  • Syria

Google publisher products also may not be used for or on behalf of a party located in the above listed sanctioned countries or regions. 

In addition, Google publisher products are not eligible for any entities or individuals that are restricted under applicable trade sanctions and export compliance laws. Google publisher products are not eligible for entities or individuals owned or controlled by or acting for or on behalf of such restricted entities or individuals. 

Publishers (i.e. I-LIVE-ON) must also comply with applicable sanctions and export regulations, which includes OFAC sanctions, and agree to not cause Google to violate these regulations. You cannot use Google publisher products for or on behalf of restricted entities or individuals. You cannot use Google publisher products for or on behalf of entities or individuals located in sanctioned countries or regions.

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EU user consent policy

If your agreement with Google incorporates this policy, or you otherwise use a Google product that incorporates this policy, you must ensure that certain disclosures are given to, and consents obtained from, end users in the European Economic Area along with the UK. If you fail to comply with this policy, we may limit or suspend your use of the Google product and/or terminate your agreement.

Properties under your control

For Google products used on any site, app or other property that is under your control, or that of your affiliate or your client, the following duties apply for end users in the European Economic Area along with the UK.

You must obtain end users’ legally valid consent to:

  • the use of cookies or other local storage where legally required; and
  • the collection, sharing, and use of personal data for personalization of ads.

When seeking consent you must:

  • retain records of consent given by end users; and
  • provide end users with clear instructions for revocation of consent.

You must clearly identify each party that may collect, receive, or use end users’ personal data as a consequence of your use of a Google product. You must also provide end users with prominent and easily accessible information about that party’s use of end users’ personal data.

Properties under a third party’s control

If personal data of end users of a third-party property is shared with Google due to your use of, or integration with, a Google product, then you must use commercially reasonable efforts to ensure the operator of the third-party property complies with the above duties. A third-party property is a site, app or other property that is not under your, your affiliate’s or your client’s control and whose operator is not already using a Google product that incorporates this policy.

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Electronic Communications

Visiting I-LIVE-ON Website or sending emails to I-LIVE-ON constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that I-LIVE-ON is not responsible for third party access to your account that results from theft or misappropriation of your account. I-LIVE-ON and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

I-LIVE-ON and its Services are under development and being regularly updated which will require the Customer to download an updated version of the I-LIVE-ON.App.

Children Under Thirteen

I-LIVE-ON does not permit under thirteen-year-old children to use I-LIVE-ON’s services.

If you are under 18, you may use I-LIVE-ON only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

I-LIVE-ON may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of I-LIVE-ON and I-LIVE-ON is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. I-LIVE-ON is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by I-LIVE-ON of the Linked Site or any association with its operators.

Certain Services made available via I-LIVE-ON are delivered by third party sites and organizations. By using any Software Product, Service or functionality originating from the I-LIVE-ON domain (including I-LIVE-ON.Com), you hereby acknowledge and consent that I-LIVE-ON may share such information and data with any third party with whom I-LIVE-ON has a contractual relationship to provide the requested Software Product, Service or functionality on behalf of I-LIVE-ON Customers and Users.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use I-LIVE-ON strictly in accordance with these Terms and Conditions. As a condition of your use of the Website, you warrant to I-LIVE-ON that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of I-LIVE-ON or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.

I-LIVE-ON content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of I-LIVE-ON and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of I-LIVE-ON or our licensors except as expressly authorized by these Terms.

Use of Communication Services (including I-LIVE-ON Services)

The I-LIVE-ON Service is considered a Communication Service and all the terms in this section apply to the I-LIVE-ON Service in it entirety.

The Website (or associated and authorized third party I-LIVE-ON web-blogs) may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication

Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another Customer of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other Customer from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

I-LIVE-ON has no obligation to monitor the Communication Services. However, I-LIVE-ON reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. I-LIVE-ON reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

I-LIVE-ON reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in I-LIVE-ON’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. I-LIVE-ON does not control or endorse the content, messages or information found in any Communication Service and, therefore, I-LIVE-ON specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized I-LIVE-ON spokespersons, and their views do not necessarily reflect those of I-LIVE-ON.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Customer or User Feedback

Nothing in these Terms and Conditions or in the parties’ dealings arising out of or related to these Terms and Conditions will restrict I-LIVE-ON’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback (as defined below), without compensating or crediting Customer or User or the individual providing such Feedback. Customers or Users may not designate Feedback as its Confidential Information to the extent that such Feedback relates to I-LIVE-ON’s Software Product or Services. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying I-LIVE-ON’s Software Product or Services.)

Materials Provided to I-LIVE-ON or Posted on Any I-LIVE-ON Website webpage

I-LIVE-ON does not claim ownership of the materials you provide to I-LIVE-ON (including the I-LIVE-ON.App) or post, upload, input or submit to any I-LIVE-ON Website or our associated services (such as an I-LIVE-ON.Subscription Service) (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting I-LIVE-ON, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of I-LIVE-ON including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein.

I-LIVE-ON also strictly adheres to I-LIVEON’s and Google’s Content policies – refer relevant Section above titled “I-LIVEON and Google Content policies”.

I-LIVE-ON is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in I-LIVE-ON’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Customers

The Service is controlled, operated and administered by I-LIVE-ON from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the I-LIVE-ON Content accessed through I-LIVE-ON’s Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless I-LIVE-ON, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the I-LIVE-ON.App, Website or Services, any Customer postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

I-LIVE-ON reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with I-LIVE-ON in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, in Washington State. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.

In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and I-LIVE-ON agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. I-LIVE-ON AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

I-LIVE-ON AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SOFTWARE PRODUCTS,SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SOFTWARE PRODUCTS,SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

I-LIVE-ON AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL I-LIVE-ON AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SOFTWARE PRODUCTS,SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF I-LIVE-ON OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Warranty Disclaimers

THE Services AND Content ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE Services WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY Content.

Termination/Access Restriction

I-LIVE-ON reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Washington, USA and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and I-LIVE-ON as a result of this Agreement or use of the Website. I-LIVE-ON’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of I-LIVE-ON’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by I-LIVE-ON with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the Customer and I-LIVE-ON with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Customer and I-LIVE-ON with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.

Assignment and Change of Control

I-LIVE-ON shall be afforded all necessary flexibility relating to Assignment and Change of Control, if it is converted to an I-LIVE-ON Corporation or if any later Mergers and Acquisitions are engaged in and subsequently closed through to completion.

Changes to Terms

I-LIVE-ON reserves the right, in its sole discretion, to change the Terms under which I-LIVE-ON Services are offered. The most current version of the Terms will supersede all previous versions.

We will notify you about significant changes to these Terms and Conditions by updating them on revised versions of this document. However, you will NOT BE personally notified – rather it is your responsibility to review the latest Terms and Conditions that are posted on the I-LIVE-ON.Com Website. Your continued use of the I-LIVE-ON.App on your Windows PC Desktop / Laptop or MAC Desktop / Notebook, Website and / or Services available through this Website after such modifications will constitute your: (a) acknowledgment of the modified Terms and Conditions; and (b) agreement to abide and be bound by these Terms and Conditions.

I-LIVE-ON encourages you to periodically review the Terms & Conditions to stay informed of our updates.

Contact Information

Email Address: marketing[at]i-live-on[dot]com