THE LIVETRAXS SERVICE
- The mobile
version of the App is currently available to download from the Google Play
mobile app store and is compatible with any mobile device running the
Android operating system. The mobile App may become available on other
operating systems and may be available as a browser based version in the
- In order to download the App from the Google Play mobile app store, you must have an account with the Google Play mobile app store. We are not responsible for the provision of that app store or your use of it. Your use of the Google Play mobile app store, including all purchases you make through it, will be subject to additional terms and conditions.
- From time to time we may publish updates to the mobile version of the App which are available for download. Such updates may add new functionality, correct errors in the existing version of the App or otherwise be required for the continued functioning of the App (for instance where there has been an update to the operating system that you are using on your device). You are not obliged to install any such update, but we cannot guarantee that the App will continue to work if you do not and we may not support any version of the App other than the current version.
- Accessing Content.
- You may download the Content you have purchased in a DRM free format for use on your Compatible Device in accordance with the terms of the license at Clause 6 hereunder.
- In the event that you purchase Content on a device which runs the iOS software (“iOS Device”), you acknowledge that the Content cannot be downloaded directly to your iOS Device and that you will need to either: i) access the Content remotely for viewing from the Website or the App without downloading the Content (“Remote Access Service”); or. ii) log-in to your account with us on a personal computer in order to download the Content that you initially purchased on your iOS Device onto your personal computer.
- In the event that you purchase Content on an Android device or a personal computer, you may choose to download the Content either directly to your Android device or from the Website to your personal computer or you may choose to access the Content from the Remote Access Service.
- You acknowledge that to access Content via the Remote Access Service, to download the Content and the App and to access the Website and the Services you will need a telecommunications service (including without limitation any internet or mobile internet access) and that you are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access such Content.
- In the event that you choose not to download any Content you have purchased, we do not give any warranty as to how long the Remote Access Service will be made available by us to you. You acknowledge that in the event that the Remote Access Service is no longer available and that you have not downloaded Content purchased on either your iOS Device, Android device or personal computer to a personal computer or Android device (as applicable), you will no longer be able to access such Content and you acknowledge that you will not receive any compensation or refund in relation to such Content. You agree that we shall not be liable to you or any third party for any cessation of the Services or of the Remote Access Service and any subsequent loss of Content which was purchased on an iOS Device, Android device or personal computer and not subsequently downloaded by you onto a personal computer or onto an Android device (as applicable).
- To access and download the Content, you will need compatible software and devices, please check that your software and devices are compatible before purchasing any Content and see www.LiveTRAXs.com for further information.
You may be only able to download or remotely access Content you have purchased in the territory in which you have purchased such Content.
- Using the Website
- You do not need to register for an account with us in order to visit our Website however some parts of our Website may be restricted to registered account holders. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
- Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our Website other than that set out above, please address your request to support@LiveTRAXs.com
- It is your responsibility to keep your username and log in details secret. You agree that we will be entitled to assume that any person using the App, including purchasing Content, using your username and password is either you or someone doing so with your permission. You will be responsible and liable for any actions of any person using your username and password. As a result, you should notify us immediately if you suspect that anyone else knows your username and password or that anyone has accessed your account.
- We may at any time and for any reason refuse to accept a registration from any person.
FEES AND PAYMENTS – PURCHASING CONTENT
- At present, there is no charge to download the mobile version of the App or to create an account with us. If you wish to purchase any Content for download or to view via the Remote Access Service you agree that you will pay the purchase price for the Content applicable at the time of purchase as may be determined by and published by us. We reserve the right to vary the prices of Content from time to time in our sole discretion.
- Once you have spent more on individual tracks from an artist’s set than the original set price of that entire set, then all the remaining tracks of that set which you have not already been purchased (if any) become free to download and/or view via the Remote Access Service.
- From time to time we may include in the App links to or additional information about additional content or goods and services provided by us and in respect of which additional fees must be paid to purchase. Such purchases may be subject to additional terms and conditions which will be made available to you at the time of purchase.
- Once you have downloaded and/or accessed remotely (whichever occurs first) Content that you have paid for, you will not be entitled to cancel that purchase or obtain a refund of the price paid for such Content under any circumstances. Without prejudice to the foregoing, in such circumstances you do not have a right to cancel the purchase of Content under the provisions of the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations 2001 or any other equivalent legislation. If having downloaded and/or accessed remotely any particular Content that you have paid for such Content is faulty in any way, please contact us at email@example.com and we will enable you to download and/or access remotely another copy of such Content. Once you have downloaded Content, it is your sole responsibility to back up such Content. If you submit your credit or debit card details to us as part of the registration process or subsequently, our third party payment processors may retain those details so that you are able to use those details to make purchases of Content or other goods and services from us through the App. If any payment cannot be taken using any credit card details previously provided we reserve the right not to provide or to cease provision of the applicable Content. We reserve the right at any time to require you to resubmit your credit card details or other security information in the interests of security or fraud prevention. Other than our payment processors, we will not provide your credit card details to any third party for any purpose.
- Any payments made in advance of a performance will be refunded in full if a performance is cancelled.
USE OF THE APP AND THE CONTENT
- download a copy of the mobile version of the App to any mobile device running a compatible operating system or to access your account via the Website on your personal computer or tablet (each a “Compatible Device”); and
- subject to payment of the applicable purchase price from time to time, download and/or view via the Remote Access Service Content to your Compatible Device and listen to and view the contents of such Content on any Compatible Device (subject to Clause 1e) hereof),
- Once you have purchased the Content (subject to Clause 1e) hereof) you may:
- Download the Content to a Compatible Device and access and view any such downloaded Content at any time until such time as you uninstall the App from your Compatible Device;
- copy any such downloaded Content for your own personal use to your other Compatible Devices;
- make one copy of the downloaded Content onto a removeable hard drive, DVD or other data storage media for your personal back up purposes only;
- use, distribute, share publish, communicate to the public, publicly perform or otherwise exploit the Content for any non-private or commercial purpose, including without limitation posting the Content to any video-sharing or social media site, other than pursuant to any social media integration facilitated by us from time to time;
- subject to clause (b)(iii) above, burn a copy of the Content onto a DVD or other removeable media for any purpose whatsoever;
- make any copy of, or, attempt to reverse engineer or disassemble, any software or other computer code comprised in the App.
- We may include features in the App that allow you to tell your friends about the Content via your accounts with social networks such as Facebook or Twitter. Where you choose to enable this you will need to provide us with your account information for your social network account. If enabled, these features will automatically create a post to your social network account whenever you download new Content and such posts may include a sample of the Content for your contacts to view. These posts will only be visible to those persons who are able to view your account in accordance with the preferences that you have set in your social media account and in accordance with Clause 8.
- We reserve the right to change the availability of the Content, the App, the Website and the Services without notifying you, including without limitation in circumstances where a third party licensor requires us to do so. We further reserve the right to terminate, cease, discontinue, suspend or modify the Services (including the Remote Access Service), Website, App and Content without notifying you and we will not be liable to you or any third party in such instances. If any of the above happens and you have purchased Content but have not yet downloaded it, you acknowledge that you may no longer be able to access such Content and that we will not be liable to you or any third party in such circumstances.
- Use of the App and Services
- You may not access or use the Services, and may not allow any other person using your device to access or use the Services, in any improper or unlawful manner or in breach of any legislation or license that applies to you. Without limiting the foregoing, you agree that when using the Services you will not:
- knowingly submit any inaccurate, untrue or misleading information to us whether during the registration process or subsequently;
- access, use, distribute, communicate to the public or otherwise the Services or any part of them or any Content for any non-private or commercial purposes whatsoever (and for the avoidance of doubt use may be for a commercial purpose even where no charge is made to a third party for such use);
- subject to clause 6(b), make any copy of, distribute, publish, disseminate, include in any other work, sell or otherwise make available to any third party by any means any of the Services;
- remove any copyright or other proprietary notices contained in any of the Services;
- incorporate the App or any other part of the Services into any other product or service for any purpose;
- use or attempt to use another’s account, service or system without their authorization, or create a false identity on any of the Services; or
- use any software or other process to harvest information of any kind from the Services.
- You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Services.
- you must not upload, post, publish, display, transmit, share or otherwise make available any User Generated Content that may be harmful, threatening, unlawful, confidential, defamatory, offensive, infringing, inflammatory, harassing, obscene, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or other users of the Services to any harm or liability of any type;
- you must not upload, post, publish, display, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation or bulk communication;
- you must not upload, post, publish, display, transmit, share or otherwise make available any private information of any third party, including, address, phone numbers, email addresses, national insurance details and payment details;
- you may only upload, post, publish, display, transmit, share or otherwise make available material which either you own or which you have the permission of the owner of that material to submit and you must not submit any content or material the Intellectual Property Rights in which are owned by any third party; and
- you must not submit any material in breach of confidence or in contravention of the Data Protection Acts 1988 - 2003 (U.S.) or any other applicable data protection or privacy legislation.
- As between you and us, you shall retain ownership of all proprietary rights in and to the User Generated Content that you submit via the App. However, by uploading, submitting, or otherwise providing User Generated Content, you grant to us a non-exclusive, worldwide, royalty free, fully paid, irrevocable, transferable, sublicensable right and license to use, reproduce, distribute, perform publicly, display publicly, modify and otherwise use the User Generated Content in connection with the operation, promotion, and marketing of the App and/or the Services. You hereby irrevocably and unconditionally waive and agree not to assert any and all moral or other similar rights in and to such User Generated Content whether under the Copyright and Related Rights Acts 2000 – 2007 or under similar laws in force from time to time in any jurisdiction and you hereby agree that this waiver will operate in favor of us, our licensors, assigns and successors in title.
- It is your responsibility to back up your User Generated Content on your own personal computer or other device. We cannot guarantee and do not promise or warrant that any user generated content you post to or via the Services will not be subject to inadvertent damage, loss, amendment, or removal and we will not be responsible for any such damage, loss, amendment or removal of such User Generated Content.
- We do not actively monitor or filter any User Generated Content submitted to or via the Services and we shall not be liable for User Generated Content submitted to or via the Services by you or any other user of the Services.
- App Stores
- We will receive a record if you purchase any Content via a third party including Apple and Google but will not otherwise collect any personally identifiable information about you as a result of your download or use of the App or the Content.
- Intellectual Property Rights
- Save in respect of your User Generated Content, as between you and us all Intellectual Property Rights in and to the Services and all content and materials contained therein (including without limitation all Intellectual Property Rights in and to the user interface of the App, the Content and the names LIVETRAXS and our logos), collectively the “LiveTRAXs IP”, are owned by and shall remain owned exclusively by us or our licensors. Save as expressly permitted herein and to the fullest extent permitted by law, any copying, reproduction, modification, distribution, making available, publishing, sale or any other use of any of the LiveTRAXs IP for any purpose is not permitted and may be an infringement of our Intellectual Property Rights or the Intellectual Property Rights of our licensors.
- You agree that we will not be under any obligation whatsoever to pay you for use of any of the User Generated Content on the Services or as otherwise authorized herein.
WARRANTIES AND DISCLAIMERS
- You warrant that that (i) you own the Intellectual Property Rights in and to all User Generated Content that you submit to the Services or that you are otherwise entitled to submit the same to the Services and to grant to us the rights and licenses there to that you grant herein (ii) all information that you submit to us via or in connection with the Services is and will be true, accurate and not misleading (iii) you are not subject to any legal restriction that would prevent you from using any of the Services.
- We will exercise all reasonable skill and care in providing the Services. However, we obtain Content, materials and information provided via the Services from third party partners and so we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.
- WITHOUT LIMITING THE FOREGOING, WE CANNOT GUARANTEE AND DO NOT PROMISE THAT THE SERVICES AND ALL CONTENT, MATERIALS AND INFORMATION PROVIDED THROUGH OR MADE AVAILABLE VIA THE SERVICES WILL MEET YOUR REQUIREMENTS. WE DO NOT WARRANT OR GUARANTEE THE QUALITY, RELEVANCE, ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY INFORMATION, MATERIAL OR CONTRIBUTIONS CONTAINED IN, MADE AVAILABLE THROUGH OR OTHERWISE ACCESSIBLE VIA THE SERVICES (INCLUDING WITHOUT LIMITATION ANY USER GENERATED CONTENT) AND WILL NOT BE HELD RESPONSIBLE FOR ANY DECISIONS OR ACTIONS TAKEN BY YOU OR ANY THIRD PARTY AS A RESULT OF THE INFORMATION, MATERIAL AND CONTRIBUTIONS PROVIDED OR FOR ANY LOSS, CLAIM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ANY USE OR RELIANCE UPON SUCH INFORMATION, MATERIAL AND/OR CONTRIBUTIONS. FOR THE AVOIDANCE OF DOUBT, AT OUR ABSOLUTE DISCRETION, WE RESERVE THE RIGHT NOT TO RECORD OR MAKE AVAILABLE EVERY TRACK OF EVERY ARTIST’S SET AND TO ALTER THE AVAILABLE CONTENT POST RECORDING.
- ANY THIRD PARTY CONDUCT, ADVICE, OPINION OR STATEMENT MADE OR GIVEN IN OR MADE AVAILABLE THROUGH OR OTHERWISE ACCESSIBLE VIA THE SERVICES ARE THOSE OF THIRD PARTIES AND NOT OF US AND SUCH THIRD PARTY CONTENT, MATERIAL AND INFORMATION IS NOT VETTED, CHECKED OR ENDORSED BY US AND WE ACCEPT NO RESPONSIBILITY FOR IT. WITHOUT LIMITING THE FORGOING, THE VIEWS OF THE ARTISTS WE FEATURE ARE NOT THE VIEWS OF LIVETRAXS UNLESS LIVETRAXS EXPRESSLY PROVIDES OTHERWISE.
- WE DO NOT GUARANTEE THAT ACCESS TO OR AVAILABILITY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WITHOUT LIMITING THE FOREGOING WE GIVE NO WARRANTY (I) THAT YOU WILL ALWAYS BE ABLE TO REMOTELY ACCESS CONTENT WHICH YOU HAVE NOT DOWNLOADED (WHETHER DUE TO TERRITORIAL RESTRICTIONS, LICENSOR RESTRICTIONS, TECHNICAL LIMITATIONS OR OTHERWISE); (II) IN RELATION TO ANY TELECOMMUNICATIONS SERVICE PROVIDED BY ANY THIRD PARTY TELECOMMUNICATIONS NETWORK PROVIDER, WHICH IS REQUIRED TO REMOTELY ACCESS AND/OR DOWNLOAD THE CONTENT, THE WEBSITE, THE APP OR THE SERVICES (INCLUDING WITHOUT LIMITATION THE AVAILABILITY OR QUALITY OF SUCH TELECOMMUNICATIONS SERVICES);
- WE CANNOT GUARANTEE AND DO NOT PROMISE OR WARRANT THAT ANY USER GENERATED CONTENT YOU POST TO OR VIA THE SERVICES WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, LOSS, AMENDMENT, OR REMOVAL AND WE WILL NOT BE RESPONSIBLE FOR ANY SUCH DAMAGE, LOSS, AMENDMENT OR REMOVAL OF SUCH USER GENERATED CONTENT.
- CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE FOREGOING EXCLUSIONS OF WARRANTIES, APPLY TO YOU TO THE FULLEST EXTENT SUCH EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
- Third Party Sites
- The Services may contain links to websites or other services provided by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any such third party service or website.
- WITHOUT LIMITING THE FOREGOING, THESE THIRD PARTY SITES AND SERVICES ARE IN NO WAY APPROVED, VETTED, CHECKED OR ENDORSED BY US AND YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR IN ANY WAY LIABLE FOR THE CONTENT, ACCURACY, COMPLIANCE WITH RELEVANT LAWS OR ACCESSIBILITY OF ANY INFORMATION, DATA, ADVICE OR STATEMENTS OR FOR THE QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA SUCH SITES OR SERVICES. IF YOU CHOOSE TO ACCESS ANY THIRD PARTY SERVICE OR WEBSITE, YOU DO SO AT YOUR OWN RISK. IN ADDITION, USE OF ANY SUCH THIRD PARTY WEBSITE OR SERVICE MAY BE SUBJECT TO YOUR ACCEPTANCE OF ADDITIONAL TERMS AND CONDITIONS.
- DUE TO THE INHERENT RISKS OF USING THE INTERNET, WE CANNOT BE LIABLE FOR (I) THE SECURITY OF ANY INFORMATION THAT YOU SUBMIT TO US VIA THE INTERNET OR (II) ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN ACCESSING OR USING THE SERVICES. THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR INFORMATION THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
- SUBJECT TO THE FOREGOING CLAUSE 18(A), YOU AGREE THAT WE SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT LOSS, CLAIM OR DAMAGE, OR ANY PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST SAVINGS OR LOSS OR CORRUPTION OF DATA); OR (B) ANY LOSS OF PROFIT (WHETHER DIRECT OR INDIRECT), IN EACH CASE WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES OR THEIR CONTENTS OR ANY COMPETITIONS OR PRIZE DRAWS WHICH ARE ENTERED VIA THE SERVICES (II) ANY FAILURE OR DELAY IN THE USE OF ANY COMPONENT OF ANY SERVICE INCLUDING, WITHOUT LIMITATION, ANY UNAVAILABILITY OF ANY OF THE SERVICES IRRESPECTIVE OF DURATION OF ANY PERIOD OF UNAVAILABILITY (INCLUDING WITHOUT LIMITATION CESSATION OF THE SERVICES); OR (III) ANY USE OF OR RELIANCE UPON ANY INFORMATION, MATERIAL, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, IN ALL CASES EVEN IF WE HAVE BEEN FOREWARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
- CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE FOREGOING EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
- WHERE SUCH LIABILITY RELATES TO ANY CONTENT that you have purchased, via the SERVICES, an amount equal to the PRICE PAID by you FOR SUCH content; and
- in respect of all other liability, the sum of $50.
MISCELLANEOUS, GOVERNING LAW AND ABOUT US
- Miscellaneous Provisions
- Governing Law and Jurisdiction
- The Agreement shall be governed by and construed in accordance with the laws of U.S. without reference to any laws regarding the choice or conflict of laws.
- In respect of any dispute (excluding claims for injunctive or other equitable relief) where the total amount of damages sought is less than $5,000, or where the parties otherwise agree, either party may choose to resolve the dispute through binding non-appearance-based arbitration in which case you and we shall act in good faith to choose an appropriate, independent alternative dispute resolution ("ADR") provider. Any such arbitration must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) save where there has been a manifest error, the decision of the ADR provider, including in relation to any award of damages, shall be binding on the parties and enforceable in any court of competent jurisdiction.
- About Us
LiveTRAXs LLC is a Limited Liability Company registered in the State of Delaware.