Last revised: October 2024
These Terms of Use (“Terms”) constitute a binding legal agreement between IML S.L.U. a company organized under the laws of the Principality of Andorra and whose principal office is at St. Antoni 27, La Massana Andorra ("ImLive", "us" "we" or "Company") and yourself ("User(s)", "Guest(s)", "you" or "your"), and govern your access and use of all features and other services provided by Imlive, including without limitation our website https://ImLive.com (“Site”; collectively the "Services").
By visiting or engaging with the Services, including by registering an account and accessing the Services, you affirmatively signify that you have read, understood, and agreed to be bound by these Terms as well as our Privacy Policy and Cookies Policy, Host-Guest Agreement, which we may update from time to time, each incorporated herein by reference ("Agreements"). If you do not agree to these Agreements, you must not register an account or otherwise use or access the Services.
We may revise the Terms at any time without notice by updating the Terms on our Services. You should periodically visit these Terms to review the current terms that apply to your use of the Services. Any use of the Services by you after our publication of any such changes shall constitute your acceptance of these Terms as modified. We may, at our sole discretion and at any time, discontinue providing the Services, or any part thereof without notice.
Please read the following Terms carefully:
The Company is engaged in the business of providing agency and facilitation services to hosts ('Hosts'), on the basis of which Hosts provide Host Services (as defined below) to Guest of the Site. Guests may purchase credit from the Company's Site in order to access to such Host Services from Hosts ('ImLive Credit'). The price of ImLive Credit is displayed to the Guest upon purchase thereof.
Hosts may use the Company's video/audio/text chat communications system, including a certain internet communications application (the 'Application') in order to chat with you in the event that you choose to communicate with or receive information from them. Each time you enter in contact with a Host, you agree to be bound by the obligations and requirements set forth in the Host-Guest Agreement, the form of which is available here ('Host-Guest Agreement').
The Host may accept you into a Host-Guest Chat Session ('HGCS') and communicate with you through Application and provide you with information or content via audio/video (and text) or you may also choose to chat via audio/video (or text) directly with the Host ("Host Services").
It is clarified that Host Services are provided solely by and are the sole responsibility of the applicable Host, and that the Company is not the provider of any such Host Services to any Guest.
On the Site, you are able to purchase from the Company ImLive Credit. In addition to ImLive Credit, Guests may receive from the Company certain credits which can only be use to obtain Host Services ("ImLive Treat Credit"). Grant of such ImLive Treat Credit is at the sole discretion of the Company.
The Company may act on behalf of any and all Hosts who are or may be registered on the Site as Hosts during the applicable period of time (the 'Community of Hosts'), in accordance with these Terms.
You acknowledge and agree that the Site is an audio/video (and text) chat platform intended to fulfill user fantasies in an online environment and is not intended to develop relationships outside of the Site. Should such relationships, including but not limited to bypassing our billing system and/or transferring money outside of the site occur, it is the sole responsibility of the parties involved.
You acknowledge and agree that the Company does not and cannot control the information and content transmitted by Hosts or the information and content transmitted by you in any HGCS.
If you wish to register as a Host, you acknowledge that you will be required to comply with the ImLive Host/Models – Agency and Facilitation Services Agreement and all requirement contained therein, including, but not limited, to any federal record-keeping and labeling requirements codified at 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75 for all content that contains visual depictions of actual or simulated sexually explicit conduct, including obtaining and keeping all records necessary to demonstrate that you comply with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including legible copies of picture identification cards (as defined by 28 C.F.R. 75.1) for each individual (including yourself) appearing in any content on the date of the production of that content and make available to ImLive all records required to be kept under 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75.In this respect please see our 2257 statement which you can also reach via our home page.
The Company makes the Site available to you at the request of, and in its capacity as the agent of, the Community of Hosts. As such, whilst you may access some parts of the Site for free, certain parts of the Site (including participation in any HGCS) and some of the features and services thereon are not necessarily free of charge, and may be subject to a Host-Guest Agreement.
To access many of the Services' features, you must create an account. Registration is free and for a single user only.
You must provide a valid email address, a username, and a password. Every new Guest chooses a password and a screen name at time of registration. We may request additional information to provide you access certain features within the Site.
Please note that you should choose your name carefully and you may not choose or use a screen name of another person, a name that is violating a third party's intellectual property rights or a screen name that is offensive or inappropriate.
We may delete or require you to change any username that violates this section. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Site’s technical requirements for the composition of passwords.
We are not making any statement that the Site or its content are accessible or appropriate in your jurisdiction. You are solely responsible to check the laws and regulations of your jurisdiction regarding the legality to access and use the Services.
You certify to the Company, both on its own account and in its capacity as agent of the Community of Hosts, that you are: (1) you are at least 18-years old; (2) if the laws of your jurisdiction provide that you can only be legally bound by a contract at an age that is higher than 18-years old, then you are old enough to be legally bound by a contract under the laws of that jurisdiction; (3) you will provide all other information or verification as we require from time to time; (4) you are permitted by the laws of your jurisdiction to join the Site and to view any materials or contents available on the Site and to use any functionality provided by our Services; and (5) you are able and willing to make payment (where required) to view any materials or contents available on the Site that you wish to view. Please note that if you do not meet all the requirements in this section, you must not access or use the Site.
You hereby agree, inter alia, to all the following –
The Site includes virtual items, including but not limited to ImLive Credits or Imlive Treat Credit (“Virtual Item(s)”) that you may either purchase from the Site for “real-world” money or acquire from us as part of a promotion to access certain content offered by Hosts through the Site. All transactions and interactions between users facilitated through the Site are agreements between the Guest and the Host.
Although we facilitate transactions and interactions between you and Hosts by providing the Site and acting as a payment intermediary, we are not a party to any agreement or arrangement that might exist between you and a Host, and we are not responsible for any transactions or interactions between you and Hosts. Hosts are solely responsible for determining (within the Site’s pricing parameters) the pricing applicable to transactions and interactions and the Content to which a Guest may access or purchase.
You acknowledge all the following:
The Company does not charge Guests any basic fee to use the Site, download or use the User Software. However, Hosts may charge Guests for Host Services and other features on the Site, in accordance with the terms of the applicable Host-Guest Agreement. The applicable rates or the methods by which the applicable rates are determined are generally described on the Site at the location from which you enter a paying service.
You are able to see all of your records of usage of Host Services and other features of the Site as well as the status of your ImLive Credit and ImLive Treat Credit on https://imlive.com/gtransactions.aspx. For billing inquiries, please contact the Company's customer service at: https://imlive.com/help/CsCenter.aspx.
You may choose to purchase ImLive Credit or any Virtual Items in accordance with these Terms by credit card, by check, by money wires directly to the Company's bank account or by prepaid payment through third parties, including where applicable and permitted - by cryptocurrency payment through third parties.
Credit card charges are processed via one of the Company's third party processors (CCBill and SegPay, etc.), which are fully secured to ensure your absolute privacy and reliability in the amount charged. For users paying with Visa, credit charges will appear on credit statements from either "CCbill.com or CCBilleu.com" or "SegPay.com", depending on which company is processing the account. Please note that your bank may charge you an additional service fee in connection with the transaction.
This fee is not charged by the Company. Please note that your credit card issuer agreement governs your use of your designated credit card in connection with the Site. You must refer to that agreement and not these Terms regarding your rights and liabilities as a credit card holder. By using our payment processors, you acknowledge and agree to the Terms and Conditions for each, CCBill Terms and Conditions at : https://ccbill.com/cs/policies/TC-consumer-english.html and SegPay Terms and Conditions at : https://segpay.com/terms-conditions/.
Cryptocurrency payments are processed via the Company's third party provider named www.Betterbro.com and it is not processed by the Company, and may be subject to a separate terms of use and privacy policy of such third party providers.
These Terms do not govern the relationship between you and such third party provider. We have no control over such third party providers, and your decision to choose a cryptocurrency payment option and the use of such third party providers is at your own risk. Please note that such third party cryptocurrency payments provider may charge you an additional service fee in connection with the transaction, and additional transaction fees such as blockchain gas fees will also apply.
We do not accept responsibility for any products or services made available, or payments processed or submitted, through such or any other third party providers, nor for their privacy or any other practices, nor for the availability of such products or services, including without limitation the cryptocurrency payments option. We do not endorse any third party provider and we urge our Users to exercise caution in using any third party services or providers.
Therefore, you agree not to hold us responsible for any liability or damage arising from your use of any such third party provider.
Cryptocurrency payments option is not available to all users in all jurisdictions, and you are solely responsible for ensuring compliance with all applicable laws and regulations governing your use of cryptocurrency, including as a means of payment.
You are not allowed to use any cryptocurrency payments option if cryptocurrency, acceptance or use of cryptocurrency as a means of payment, or if any other use of cryptocurrency is deemed illegal under any applicable law, including without limitation in the jurisdiction in which you are located or in which you reside.
You are also not allowed to use the cryptocurrency payments option in the following jurisdictions, and such list may be updated from time to time by the Company in its sole discretion, and in jurisdictions in which such service may be restricted by the third party service provider in its sole discretion at any time: Afghanistan, Algeria, Bangladesh, Bolivia, Burundi, China, Cuba, Ecuador, Egypt, Indonesia, India, Iran, Iraq, Kuwait, Lebanon, Libya, Morocco, Myanmar (Burma), North Korea, North Macedonia, Qatar, Russian Federation, Syria, Thailand, Turkey, Ukraine – Crimea, Donetsk, Luhansk, Kherson and Zaporizhzhia regions and Vietnam.
You are also not allowed to use cryptocurrency payments option in any way which may be deemed illegal under any applicable law or which may result in the Company's violation of any applicable law, including without limitation in relation to anti-money laundering, countering the financing of terrorism, sanctions, trade restrictions, crypto-assets or payments.
For the avoidance of any doubt, any violation of this Section may result in termination of your account, any other restrictive actions taken by the Company and/or legal action taken against you, as deemed appropriate by the Company.
You hereby agree that the Company may, at its own discretion, accumulate your charges. If you want to see the components of your accumulated charges, you are able to do so on https://imlive.com/gtransactions.aspx.
You are solely responsible for all charges associated with connecting to the Services.
Refunds and chargebacks: The basic policy of the Company (in its capacity as agent of the Community of Hosts) is not to arrange for any refunds from Hosts to Guests unless specific extraordinary circumstances apply. If you believe exceptional circumstances exist for a refund, please email us at info@imlive.com and explain the circumstances you believe merits a refund. In some cases, the Company (in its capacity as agent of the Community of Hosts) may issue refunds to Guests that approach the Company, in the form of ImLive Credit or ImLive Treat Credit.
If you register for a Host Discount Club and the Host is temporarily and/or permanently not available on the Site, the Company will not arrange for any refund from the applicable Host. It is clarified that Host Discount Club are provided by Hosts to Guests, and the Company does not charge any party for use or facilitation of any such Host Discount Club.
No refunds will be made by cash or check, or free services. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance. We carefully investigate all chargebacks. You must not make unjustified chargeback requests of your payment card provider or cryptocurrency payments provider for any transaction between you and ImLive.
You will remain responsible for the consequences caused by that breach of these Terms and any Agreements. We will review excessive and potentially fraudulent chargeback requests and we may prevent you from making additional purchases during that review. If we determine that any chargeback request is fraudulent or was made by you in bad faith, we may suspend or terminate your account or any future account you create. If you have any questions regarding one or more of the transactions and/or regarding usage of the Site, please feel free to contact the Company's customer service at: https://imlive.com/help/CsCenter.aspx.
To enable the Community of Hosts to provide Host Services through the agency of the Company and to facilitate the provision of agency and facilitation services by the Company to the Hosts, you agree as follows:
j. If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the content or materials in breach of this agreement, your right to use the Site will terminate immediately, and you must, at our option, return or destroy any copies of the material or content you have in your possession. No interest in the Site or any material or content on the Site is transferred to you, and ImLive reserves all rights not expressly granted. Any use of the Site not expressly permitted by these Terms can be deemed by the Company as a breach of these Terms and might violate copyright, trademark, and any other applicable laws.
We have implemented various measures to counter the presence of illegal and Prohibited Content on our Services to ensure compliance with European Regulation 2022/2065, known as the Digital Services Act (“DSA”).
Prohibited Content: By using our Services, you understand that we implement and use content moderation mechanisms in order to prohibit the following categories of content (referred to as “Prohibited Content”):
a. Illegal activity: content promoting or facilitating illegal activities, including violence, terrorism, drug use, or hate crimes;
b. Hate speech: content that attacks a person or group on the basis of race, ethnicity, religion, nationality, disability, sexual orientation, gender identity, or other protected characteristics;
c. Harassment and bullying: content intended to intimidate, threaten, or abuse another person. This includes cyberbullying and doxing;
d. Child sexual abuse content (CSAM): content depicting the sexual abuse of a minor. We have zero tolerance for CSAM and will report all instances to the authorities;
e. Violent threats: content that threatens violence against an individual or group;
f. Copyright infringement: content that violates intellectual property rights, such as unauthorized streaming of copyrighted material;
g. Misinformation and disinformation: spreading demonstrably false or misleading information particularly regarding public health of safety;
h. Spam and malicious content: unsolicited commercial messages, phishing attempts, or malware distribution;
i. Promotion of self-harm: content that encourages or glorifies self-harm or suicide.
We encourage you as well as any members and Hosts to report any Prohibited Content that violates these Terms by using the designated notice tools within our Services.
Content Moderation: We shall employ either automated, semi-automated tools, or human to identify and verify any material, content or information provided by you or Host on the Services that could potentially infringe these Terms.
However, you understand and agree that we may not be able to identify all Prohibited Content and we make no warranties to you regarding any Hosts’ or Users’ content. We reserve the right per our own discretion and at any time, to remove, refuse to share, transmit, upload, display or publish any material, content or information provided by you or the Host for the purpose of enforcing these Terms, or for any other reason deemed by us.
We take our content moderation obligations very seriously and we ensure at all time that our employees receive adequate guidelines and training on how to handle and respond to your notices and complaints. In this regard, we have implemented escalation processes to ensure that any notices or complaints are appropriately reviewed and, if necessary, escalated to the relevant department for further investigation and action. This escalation process aims to uphold the integrity of the content moderation system and address any issues promptly and effectively.
Having said this, you accept that we do not guarantee the accuracy, completeness, or timeliness of our moderation efforts.
Content Removal: You acknowledge that we provide you and the Host with effective mechanisms to report any Prohibited Content (e.g., report button, through the customer service live chat and internal system email) shared, transmitted, uploaded, displayed or published within our Services. By reporting the alleged Prohibited Content, it shall assist us in promptly identifying illegal material, including Prohibited Content. You acknowledge that we will review all reported alleged illegal content and, where applicable, take the necessary action to remove it if it violates our Terms, based on the nature of your complaint, which may include, among others, removing the Prohibited Content, issuing a warning to you or the Host, or suspending/banning Hosts’ or your account. If we accept your complaint and identify any Prohibited Content or any illegal content that violates our Terms, we will promptly remove it and notify you of our actions via e-mail or your account.
In case we have found that a user of the Services utilizes its account to disseminate manifestly illegal content, including Prohibited Content, we reserve the right to suspend their access to the Services for a reasonable period of time, as will be determined on a case-by-case-basis, taking into consideration relevant factors such as prior posts, the nature of the content, and other pertinent circumstances.
You acknowledge and agree that we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any material, content or information on the Service. In this regard, by acknowledging this, you waive and release us from any liability associated with disclosing data to such law enforcement entities.
Complaint Handling Procedure: You acknowledge and agree that you may lodge a complaint against any of our decision related to: (a) any action taken against you, your account, or any material, content or information that you attempted to or uploaded on the Services; (b) any notice you submitted for content reporting or removal.
In this regard, you understand that the deadline for submission of a complaint is six (6) months after notification of the respective decision has been communicated to you.
You have the option to lodge a complaint via the email linked to your account or the email address provided in the applicable decision notification. You understand that your complaint must contain adequate information for us to conduct an investigation, including an explanation of why you believe your complaint is justified. Failure to provide sufficient details may result in the rejection of your complaint.
Please note that we will review all complaints in a non-discriminatory, non-arbitrary, diligent and timely manner. Note that your complaints will always be subject to human review. We may reverse previous decision if the complaint sufficiently demonstrate that, inter alia: (a) the alleged material, content or information did not in fact violate applicable law, third party rights or these Terms; (b) our prior decision was unjustified, disproportionate in any other manner.
Misuse and Abuse: By submitting any material information on our Services, including any report alleging illegal content or complaint on the Services for content moderation, you agree not to abuse such feature or misuse our systems. We will promptly issue notification letters where legally required if we identify any abuse of our reporting mechanisms or misuse of our Services.
You acknowledge and agree that any abuse or misuse of any mechanisms, systems or processes within our Services may result in appropriate action, including but not limited to the suspension or termination of your account, for example if your notices or complaints sent are manifestly unfounded, without prejudice of a first warning when legally required.
You recognize that misuse or abuse encompasses various behaviors, such as: (a) repeatedly submitting unfounded notices or complaints regarding illegal or improper content, including Prohibited Content, particularly over a specific timeframe or for purpose of harassment, intimidation, or any other malicious intent and so regardless the content’s legality; (b) intentionally circumventing geographic or other restrictions to access, distribute, share, or post content; (c) generating a substantial number of reports lacking sufficient or valid information compared to the total notices or complaints made within a set period; (d) repeatedly infringing our Terms.
Before undertaking any necessary actions in response to misuse or abuse, we will evaluate each case individually. This evaluation will take into account factors such as the nature, frequency, context, and potential harm caused by the misuse or abuse.
In case a user of the Services abuses the notice or complaint-handling mechanisms, we reserve the right to suspend their ability to utilize such mechanisms.
Out-of-court Dispute Resolutions Mechanisms (for EU residents only): In case you reside in the EU, you have the right to choose a dispute resolution body, that have been certified in accordance with the DSA, to assist in resolving disputes related to our decision on your uploaded content, notices or complaints that you submitted to us.
We may, however, decline our co-operation with your chosen Dispute Resolution Body if: (a) the dispute has already been resolved by court or another dispute resolution body; (b) you have contacted the dispute resolution body after six (6) months from our decision notification without previously using our complaint handling mechanism.
You acknowledge that per the DSA any decisions taken by such dispute settlement bodies shall not be binding on either you or us.
Point of Contact for matters related to the DSA: In accordance with the DSA, Privacy@ImLive.com , is the designated, single point of contact for communications with recipients of the Services offered herein, as well as for the European Union Member State authorities, the Commission, and the Board for the Digital Services. Please conduct all communication in English.
From time-to-time the Site may make certain promotions and campaigns available to its Guests ("Campaign"). It is clarified that Campaign eligibility and duration is determined at the Company's sole discretion. Campaign offers are subject to the Guest’s purchase limitations and refer to online purchases only. Campaign offers refer to ImLive.com credits only.
Any Guest who commits fraud, violates the Site's Terms or whose account is terminated shall be disqualified from participation in the Campaign and will not be entitled to receive any bonus credits and/or awards.
The Site may at its sole discretion require any Guest who participates in the Campaign to provide it with authenticating documentation. The Site is entitled to amend the Campaign rules at its sole discretion and/or cancel the Campaign at any time, without any prior notice, and you agree that you shall not be entitled to any compensation in such cases. Participation in any Campaign may limit eligibility for participation in future Campaigns.
Any special credit
and/or campaign offer for new Guests will only be available for Guests who have
no previous paying accounts with ImLive.com and/or its associated network
sites.
New Guests who sign up to ImLive.com using a non-existent and/or disposable
email address will not be eligible to use any special credit and/or campaign
offer made available to new Guests.
The Site reserves the right to revoke any bonus credits and/or awards in the
event it finds that credit was used and/or acquired due to a system error
and/or illegitimate actions.
AS A RESPONSIBLE MEMBER OF THE CYBER COMMUNITY THE COMPANY MAINTAINS A STRICT POLICY FORBIDDING ANY THIRD PARTY FROM SENDING ANY SORT OF PROMOTIONAL EMAILS ON BEHALF OF THE COMPANY OR THE SITE - SOLICITED OR UNSOLICITED. THIS MEANS WE GO BEYOND MERELY PROHIBITING SPAMMING. TO MAKE THINGS EVEN CLEARER FOR EVERYBODY WE DON'T LET ANYBODY ELSE SEND ANY EMAILS ON OUR BEHALF. MOREOVER, THE COMPANY ITSELF ONLY SENDS EMAILS TO PERSONS WHO HAVE REGISTERED ON THE SITE.
We do allow Guests to send a very small number of emails to friends and family via the Site. Although this function is very limited, i.e., it is not possible to transmit commercial quantities of emails via this function, abuse will nevertheless not be tolerated. Abuse of this function will result in the Company causing you to cease using the Site and obtaining any Host Services and terminating your Guest account immediately.
Please see our Anti-Spam Policy for further information including details of how to report violations of these policies.
The Site is designed such that a user wishing to visit portions of the Site potentially including adult content will be warned that he/she must be of age because he/she is entering an 'adult' area. The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly, without passing through any pages that may have been precedent ('bookmarking') may under certain circumstances result in the bypass of these warnings. Use of such bookmarks constitutes agreement by you that such warnings may be bypassed. Bookmarking may also cause you to bypass links to these Terms and/or any Agreements. You hereby agree that use of such bookmarks to enter into the Site constitutes acceptance of the Terms and any applicable Agreements.
THE SITE AND ANY HOST SERVICES UNDER A HOST-GUEST AGREEMENT ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SITE AND ANY HOST SERVICES OR THE ABILITY OF THE SITE OR ANY HOST SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE; (B) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE (C) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR ERRORS IN THE CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE SITE OR ANY HOST SERVICES; (D) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (E) ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF THE COMPANY IN THE SITE AND ANY HOST SERVICES, OR ANY WARRANTY THAT THE SITE OR ANY HOST SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE THAT (A) THE SITE OR ANY HOST SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (B) THAT THE FUNCTIONS PERFORMED BY THE SITE OR ANY HOST SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR ANY HOST SERVICES WILL BE CORRECTED.
IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SITE AND ANY HOST SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES OR SUPPLIERS OR THE COMPANY'S/ITS AFFILIATES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, ANY FALSE DISCLOSURES THAT MAY ARISE, VIOLATION OF THE RIGHTS OF USERS OR HOSTS, PROSTITUTION, PEDOPHILIA, CHILD PORNOGRAPHY, ILLEGAL ABUSE, EXPLOITATION OR TRAFFIC OF HUMAN AND/OR CHILDREN, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE SITE OR ANY HOST SERVICES, EVEN IF THE COMPANY OR ANY HOST WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY HOST SERVICES OR YOU HAVE ANY DISPUTE WITH THE COMPANY OR ANY HOST IN CONNECTION WITH THE SAME OR THESE TERMS THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE HOST SERVICES (AND UNINSTALL THE USER SOFTWARE).
IN ANY CASE, COMPANY ’S TOTAL LIABILITY TO YOU, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US OVER THE SIX MONTHS PRECEDING YOUR CLAIM.
WE MAY PROVIDE YOU VIA OR IN CONNECTION WITH THE SITE AND THE COMMUNICATION SERVICES WITH LINKS TO SITES, AND OFFERS FOR PRODUCTS AND SERVICES, OF THIRD PARTIES. WE HAVE NO CONTROL OVER SUCH SITES OR OVER SUCH PRODUCTS AND SERVICES.
WE ARE NOT RESPONSIBLE FOR AND DO NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY SITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES. NOR ARE WE RESPONSIBLE FOR THE AVAILABILITY OF SUCH SITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES. IT IS YOUR SOLE RESPONSIBILITY TO READ THE TERMS AND CONDITIONS OF SUCH THIRD PARTIES ON THEIR WEBSITES.
Streaming may be covered by, among others, one or more of U.S. Patent Nos. 6,766,376; 7,716,358; 8,122,141; 8,185,611; 8,327,011; 8,364,839; 8,595,372; 9,762,636; 9,742,824; 9,729,594; 10,567,453; 10,298,638; and 10,298,639, based on claims of patent holders.
THE SERVICES AND COMMUNICATION SERVICES INCLUDE VISUAL IMAGES, VERBAL DESCRIPTIONS, AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE. THE MATERIALS (INCLUDING ANY PRODUCTS, FEATURES OR SERVICES) WHICH ARE AVAILABLE WITHIN THIS SITE AND VIA THE HOST SERVICES MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY AND SHOULD NOT BE ACCESSED OR VIEWED BY ANYONE YOUNGER THAN 18 YEARS OLD OR WHO DOES NOT MEET THE LEGAL AGE REQUIREMENT IN THEIR JURISDICTION, OR WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT WISH TO BE EXPOSED TO SUCH MATERIALS. BY JOINING THE SITE YOU ARE MAKING THE FOLLOWING STATEMENTS:
"UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT:
§ I AM AN ADULT WHO MEETS THE LEGAL AGE REQUIREMENT IN MY JURISDICTION IN ORDER TO ACCESS AND VIEW THE CONTENTS AND MATERIALS PRESENTED ON THE SITE;
§ I HAVE FULL LEGAL CAPACITY AND MENTAL CAPACITY TO ENTER FREELY INTO THE PRESENT TERMS AND TO USE/VIEW RELATED SERVICES WITHOUT RESTRICTION;
§ I SHALL NOT USE THE PRESENT SERVICES IF MY CAPACITY MAY BE ALTERED FOR ANY REASON;
§ I PROMISE THAT I WILL NOT PERMIT ANY MINORS, THAT IS TO SAY ANYONE YOUNGER THAN 18 YEARS OLD OR WHO DOES NOT MEET THE LEGAL AGE REQUIREMENT, IN THEIR JURISDICTION TO HAVE ACCESS TO OR VIEW ANY OF THE MATERIALS (INCLUDING ANY PRODUCTS OR FEATURES) CONTAINED WITHIN THIS SITE OR VIA THE HOST SERVICES;
§ I LIVE IN A COUNTRY WHERE THE APPLICABLE LEGISLATION DO NOT PROHIBIT MY ACCESS TO OR THE USE OR VIEW OF SUCH CONTENT OR MATERIAL ON THE SITE;
§ I UNDERSTAND THAT WHEN I GAIN ACCESS TO THIS SITE AND THE HOST SERVICES, I WILL BE EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE, WHICH MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO ACCESS, VIEW, READ AND/OR HEAR THE VARIOUS MATERIALS OR CONTENTS AND/OR ORDER AND ENJOY THE USE OF SUCH PRODUCTS OR FEATURES, WHICH ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT, INFORMATION AND/OR EDUCATION;
§ I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL;
§ I ALSO ACKNOWLEDGE THAT COMPANY CANNOT BE HELD RESPONSIBLE FOR ANY DAMAGES OR LOSSES ORIGINATING FROM ANY CONTACT BETWEEN ME AND THE HOST;
§ I HEREBY EXPRESSLY WAIVE ANY RIGHTS AND DECLARE TO WITHDRAW ANY CLAIM THAT ANY USE BY COMPANY VIOLATES ANY OF MY RIGHTS, INCLUDING BUT NOT LIMITED TO MORAL RIGHTS, PRIVACY RIGHTS, RIGHTS TO PUBLICITY, PROPRIETARY OR OTHER RIGHTS, AND/OR RIGHTS TO CREDIT FOR THE MATERIAL OR CONTENT OR IDEAS SET FOR THEREIN."
THE SITE AND HOST SERVICES MAY NOT BE ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO WOULD, OR COULD BE DEEMED A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE, EDICT OR CUSTOM. WITHOUT DEROGATING FROM THE ABOVE, THE COMPANY MAY RESTRICT OR DENY ACCESS TO THE SITE TO GUESTS IN ANY COUNTRY OR LOCATION AT ANY TIME AT ITS SOLE DISCRETION AND SHALL NOT BE HELD LIABLE IN ANY WAY BY ANY GUEST (INCLUDING IN CONNECTION WITH LOSS OF IMLIVE CREDITS OR IMLIVE TREAT CREDITS) IN SUCH RESPECT.
You shall indemnify and hold the Company, the owners and operators of the Company and the Site as well as their officers, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Company in connection with any claims of any kind, that result directly or indirectly from your activities in connection with the Company including without limitation on the Site or via the Host Services. Such claims shall include, without limitation, claims in respect of any violation of law in any HGCS.
Notices by the Company to you may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional email. Notices by you to the Company may be given by electronic messages, conventional mail, unless otherwise specified in these Terms.
The Company may, from time to time, change these Terms. In addition, the Company may, from time to time, in its capacity as agent of the Community of Hosts, change the form of Host-Guest Agreement, including with respect to billing by Hosts and payment of Hosts by Guests by way of redemption of ImLive Credit or ImLive Treat Credit.
You agree to review the Terms, the applicable Agreements and the relevant rules and regulations periodically and to be updated of such changes. In case you do not wish to remain a member due to the change in the Terms, the applicable Agreements or the relevant rules and regulations, you may terminate your membership and your account as provided in these Terms. Please note that your continued use of the Site and any Host Services following any change to the Terms, the applicable Agreements or the relevant rules and regulations, constitute acceptance of all such changes.
To the extent that a court of competent jurisdiction determines that any specific term or terms of these Terms is/are unenforceable, the other terms of these Terms will continue in full force and effect.
No employee, agent or representative, including without limitation any customer service representative of the Company or any Host shall be entitled to waive any term of these Terms & Conditions.
These Terms comprise the entire agreement between the Company and you, superseding any prior agreements between the Company or any predecessor company and you. Please note that you may be subject to additional rules and regulations that may apply when you use specific features on the Site, as well as any Host-Guest Agreement in connection with your receipt of Host Services. The Company, on behalf of the Community of Hosts, shall vigorously enforce all these rules and regulations.
Headers of sections in these Terms are included for convenience only and shall not be used to interpret these Terms.
This Agreement shall be governed by and construed and interpreted solely in accordance with the laws of the Principality of Andorra, without giving effect to the principles thereof relating to conflict of laws. The authorized courts in the Principality of Andorra shall have exclusive jurisdiction with respect to any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity and/or termination.
You agree that you shall not bring a claim arising out of this agreement or access or use of the Site more than one year after the cause of action arose. Any claim brought after one year is barred.