VideoCoin Network Terms of Service
Effective as of May 26, 2020
IMPORTANT-PLEASE READ: These VideoCoin Network Terms of Service (“Terms of Service”) apply to any use of the proprietary hosted online platform (the “VideoCoin Network”) offered by Live Planet, Inc. (“Live Planet”, “Company”, “us,” “our,” or “we”) and our related services for the editing, transcoding and facilitating your (“user”, “you”, or “your”) distribution of streaming video content (the “Services”) by you. Please read these Terms of Service carefully before accessing, registering for or otherwise using the VideoCoin Network and/or Services. By clicking the “Yes” button or by accessing, registering for or otherwise using the VideoCoin Network and/or the Services you are agreeing to be legally bound by these Terms of Service.
These Terms of Service provide that all disputes related to these Terms of Service will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement in Section 15 for the details regarding your agreement to arbitrate any disputes arising under these Terms of Service, including any limitations of that agreement.
1. Definition of terms
As used in these Terms of Service:
“API Materials” means Live Planet’s downloadable application programing interface(s) and related documentation and interfaces that enable you to connect to and use the VideoCoin Network, as updated by Live Planet from time to time.
“Period” means the period commencing on the date that you first register to use the Services and continuing for the time that you are registered to access the VideoCoin Network and/or the Services.
“Customer Content” includes the videos and any other content that you may upload to the VideoCoin Network for processing.
“Documentation” means specifications, written guidelines, user guides, manuals, help files and other documents that Live Planet provides to you relating to your use of the VideoCoin Network.
“Territory” shall mean the any country in which Live Planet is able to legally offer access to the VideoCoin Network.
2. Eligibility
You must be at least 18 years old to use the VideoCoin Network. By agreeing to these Terms of Service, you represent and warrant to us that you are at least 18 years old. If you are using the VideoCoin Network on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf of that organization.
3. Account registration
To access and use the VideoCoin Network, you will be required to register for an account (“Account”). By creating an Account, you agree to: (i) provide accurate, current and complete Account information; (ii) maintain the security of your password, not share your password with any other person and (iii) accept all risks of unauthorized access to your Account. You are entirely liable for all activities conducted through your Account and are responsible for ensuring that any person who uses your Account is aware of and complies with these Terms of Service. Each user will select a unique user name during the registration process. If Live Planet finds a user name to be offensive or improper or belong to another person with intent to mislead, Live Planet may, in its sole and absolute discretion, change the name or suspend or terminate your Account and your access to the VideoCoin Network.
4. Use of services
A. API Materials License. Subject to these Terms of Service, Live Planet grants to you a non-exclusive, non-transferable limited license, personal, non-exclusive license right, solely for the Period and solely within the Territory, to download and use the API Materials solely to connect with and use the VideoCoin Network.
B. Network License. Subject to these Terms of Service, Live Planet grants to you a non-exclusive, non-transferable limited license, personal, non-exclusive license right, solely for the Period and solely within the Territory, to access and use the VideoCoin Network and related Services for the transcoding and distribution of Customer Content in accordance with the Documentation and all applicable laws and regulations.
C. Customer Content. You retain all rights and ownership of your Customer Content. We do not claim any ownership rights to your Customer Content. We require certain licenses from you to your Customer Content to operate and enable the Services. When you upload Customer Content to the VideoCoin Network, you grant Live Planet and its authorized service providers a non-exclusive, worldwide license to use, reproduce, and modify (solely as necessary to format or transcode your Customer Content for your distribution. For such formatting/transcoding purposes, you irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your Customer Content. We will only access, view, or listen to Customer Content in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to Customer Content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce these Terms of Service.
D. NO Storage. While your Customer Content may be temporarily stored to enable the processing that we perform on your Customer Content, the VideoCoin Network does not provide storage services. You are solely responsible for the integrity and quality of your Customer Content, and for maintaining an appropriate backup thereof. Live Planet is not responsible for loss of data. We may create reasonable technical limits on your Customer Content, such as limits on file size, processing capacity, and other technical limits. We may also suspend your use of the VideoCoin Network or Services until you are within the limits associated with your Account.
E. Usage Limitations. We may create reasonable technical limits on your Customer Content, such as limits on file size, processing capacity, and other technical limits. We may also suspend your use of the VideoCoin Network or Services until you are within the limits associated with your Account.
F. Feedback. You may choose to provide Live Planet with oral feedback and/or written feedback related to your use of the VideoCoin Network, including, but not limited to, a report of any errors which you discover in the VideoCoin Network, or suggestions for improvements or changes to the VideoCoin Network. Such reports, and any other materials, information, ideas, concepts, and know-how provided by you to Live Planet concerning the VideoCoin Network and any information reported automatically through the VideoCoin Network to Live Planet (“Feedback”) will be the property of Live Planet. You hereby grant Live Planet a perpetual, irrevocable, sublicensable, non-exclusive, fully-paid and royalty-free, worldwide license to use reproduce, distribute, modify and prepare derivative works of any Feedback for any purpose, including but not limited to the development and improvement of the VideoCoin Network or other Live Planet products or services as well as any marketing, sales, or promotional activities.
G. Support. Live Planet will use reasonable commercial efforts to provide you with a limited amount of email support during the Period in a manner consistent with Live Planet’s technical support provided to other customers.
H. Third Party Sites and Services. The VideoCoin Network may be embedded in or contain links to third party websites that are not owned or controlled by Live Planet. Live Planet has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Live Planet will not and cannot censor or edit the content of any third-party site. By using the VideoCoin Network, you expressly relieve Live Planet from any and all liability arising from your use of any third-party website.
I. Fees. Except for limited use beta or trial Accounts, Live Planet charges fees for the use of the VideoCoin Network for activities (“Fees”). You can always view the then-current fee schedule at videocoin.network/pricing. You agree to pay the applicable Fees with respect to your use of the VideoCoin Network. All Fees are quoted in the United States currency. Except as otherwise provided in this Agreement, Fees are non-cancellable and once paid are non-refundable. In addition to such Fees, Customer shall pay all applicable sales, use and other taxes or duties (excluding taxes based on Live Planet’s income). Unless otherwise agreed upon with Live Planet, you will purchase block of credits (and use any other credits issued to you by Live Planet) to be applied towards Fees that you incur as you use the VideoCoin Network. Any past due payment not received in a timely manner shall accrue interest (except with respect to charges then under reasonable and good faith dispute), at the lower of 1.0% of the outstanding balance per month (being 12% per annum), or the maximum rate permitted by law, from the date such payment is due until the date paid. You agree to pay all sums expended (including reasonable legal fees) in collecting overdue payments. If You believe that any Fees charged are incorrect, Customer must contact Live Planet in writing within thirty (30) days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
5. Restriction on use
A. Intended Use. You represent that you intend to use the VideoCoin Network solely for lawful purposes. You agree not to publish or disclose the results of your evaluation or benchmarking of the VideoCoin Network, or use such results for the benefit of any competing product or services development activities. You acknowledge that the form and nature of the VideoCoin Network may change without prior notice and that future versions of the VideoCoin Network and may be different and/or incompatible with content and applications developed using the VideoCoin Network. Use of the VideoCoin Network is subject to all laws, regulations, and ordinances applicable in your jurisdiction. It is solely your responsibility to determine whether your use of the VideoCoin Network complies with local laws, regulations, and ordinances, and to ensure that your use complies with all applicable laws, regulations and ordinances. If you do not have sufficient information to determine whether your use of the VideoCoin Network comply with all applicable laws, regulations, and ordinances, then do not use the VideoCoin Network.
B. Your Responsibilities. You shall: (i) be responsible for the compliance with these Terms of Service by any user accessing the VideoCoin Network or the Services through your Account, (ii) be responsible for the accuracy, quality and legality of your Customer Content used with the VideoCoin Network and of the means by which you acquired your Customer Content, including acquiring the appropriate licenses or rights of publicity from any third party whose content, name or license may be included in the Customer Content; (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the VideoCoin Network and Services and notify Live Planet promptly at support@videocoin.network of any such unauthorized access or use, and (iv) use the VideoCoin Network and Services only in accordance with the Documentation.
C. Unauthorized Activities. You promise not to use the VideoCoin Network for any purpose that is unlawful or prohibited by these Terms of Service. When using the VideoCoin Network, you agree not to take any actions that are inappropriate or disruptive to the VideoCoin Network or Services, including without limitation, the following:
• Incite, engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Service, community standards or any other terms or policies provided by Live Planet;
• Upload or produce Customer Content which is offensive, illegal, dangerous, libelous, gratuitously violent, or threatening content or activity which Live Planet, in its sole discretion, deems objectionable;
• Upload any personal information that you do not have authority or permission to upload or to store or transmit material in your Customer Content which is in violation of third-party privacy rights;
• Upload, produce or distribute any copyrighted or trademarked materials without the express permission from the owner;
Include any false or misleading information in any content, title, icon, description or screenshots or attempt to divert users or provide links to any other site that mimics or passes itself off as another app or service;
• Use the VideoCoin Network to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs;
• Take any action that (i) interferes with or disrupts the integrity or performance of the VideoCoin Network and Services; (ii) imposes an unreasonable or disproportionately large load on our infrastructure; (iii) circumvents or attempts to circumvent any filtering, security measures or other features designed to protect our VideoCoin Network; or (iv) attempts to gain unauthorized access to the VideoCoin Network or their related systems or networks.
• Decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, techniques or algorithms in the API Materials and or the software used to provide the VideoCoin Network.
• This list of prohibitions provides examples and is not complete or exhaustive. Live Planet reserves the right to suspend or terminate your access to the VideoCoin Network or Services, with or without notice, for any reason, including, without limitation, for any action that Live Planet determines, in its sole discretion, is inappropriate or disruptive to the VideoCoin Network, the Services, or to any other user of the VideoCoin Network. Live Planet may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such prohibited conduct. When legally required or at Live Planet’s discretion, Live Planet will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the VideoCoin Network or on the Internet. These prohibitions do not require Live Planet to monitor, police or remove any Customer Content or other information submitted by you or any other user.
6. Proprietary rights
A. Live Planet Intellectual Property. Live Planet (or its licensors) own all patent, trademark, copyright, trade secret and other intellectual property rights in the API Materials and the VideoCoin Network, and the underlying software and technology used to provide the VideoCoin Network and Services. Live Planet reserves all rights in and to the API Materials and VideoCoin Network not granted expressly in these Terms of Service.
B. Definition of Confidential Information. For purposes of these Terms of Service, "Confidential Information" shall include each party’s proprietary technology, business processes and technical information, product plans and designs, all communication between the parties regarding the VideoCoin Network and other information, whether disclosed orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. However, Confidential Information does not include information which (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the receiving party, subsequent to disclosure by the disclosing party; (4) the receiving party becomes aware of from a third party not bound by non-disclosure obligations to the disclosing party and with the lawful right to disclose such information to the receiving party; or (5) if disclosed by Live Planet, aggregates statistical data regarding Live Planet products and services that does not contain any personally identifiable or user-specific information.
C. Protection of Confidential Information. Each party agrees: (a) to keep confidential all Confidential Information; (b) not to use or disclose Confidential Information except to the extent necessary to perform its obligations or exercise rights under Terms of Service or as directed by the disclosing party; (c) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information) and to make Confidential Information available to authorized persons only on a “need to know” basis. Either party may disclose Confidential Information on a need to know basis to its contractors and service providers who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services in connection with the performance of these Terms of Service. Notwithstanding the foregoing, this Section will not prohibit the disclosure of Confidential Information to the extent that such disclosure is permitted by law or order of a court or other governmental authority or regulation.
D. Digital Millennium Copyright Act. The Digital Millennium Copyright Act (the “DMCA”), applies to online service providers, such as Live Planet. Compliance with the DMCA may result in Live Planet being asked to remove content that allegedly violates someone’s copyright. While the DMCA itself only applies to copyrights, Live Planet also extends its DMCA policy below to allegations of trademark infringement. As an online service provider under the DMCA, Live Planet respects the intellectual property rights of others, and we ask you to do the same. Live Planet may, in appropriate circumstances and at our discretion, terminate service and/or access to the VideoCoin Network for users who infringe the intellectual property rights of others. If you believe that there is content that appears on our VideoCoin Network which infringes a copyright or trademark, please provide Live Planet’s designated agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on our VideoCoin Network, and information reasonably sufficient to permit Live Planet to locate the material;
• Information reasonably sufficient to permit Live Planet to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Live Planet’s designated agent for notice of claims of copyright or trademark infringement on the VideoCoin Network can be reached as follows:
By mail:
Live Planet, Inc.
Attn: Seth Skolnik
809 Laurel Street #1346
San Carlos, California, USA 94070
By e-mail: support@videocoin.network
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability.
7. Warranty disclaimers
YOU ACKNOWLEDGE AND AGREE THAT LIVE PLANET AND ITS LICENSORS PROVIDES THE API MATERIALS AND THE VIDEOCOIN NETWORK AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND LIVE PLANET HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE API MATERIALS AND THE VIDEOCOIN NETWORK AND THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LIVE PLANET DOES NOT WARRANT THAT USE OF API MATERIALS OR VIDEOCOIN NETWORK OR ANY SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. LIVE PLANET DOES NOT WARRANT THAT THE API MATERIALS OR THE VIDEOCOIN NETWORK OR ANY SERVICES COMPLIES WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE API MATERIALS AND THE VIDEOCOIN NETWORK.
8. Limitation of liability
EXCEPT WHERE PROHIBITED UNDER BY APPLICABLE LAW, IN NO EVENT WILL LIVE PLANET, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “LIVE PLANET PARTIES”) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF OR INABILITY TO USE THE API MATERIALS AND/OR THE VIDEOCOIN NETWORK OR THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LIVE PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree that the aggregate liability of the Live Planet Parties to you for all claims arising out of or related to these Terms of Service or your use or inability to use the API Materials or the VideoCoin Network or Services shall not exceed in the aggregate the greater of (i) One Hundred Dollars ($100) or (ii) the amount of Fees paid by you to Live Planet in the 12 month period preceding the first occurrence of events giving rise to the imposition of lability, except as may be required by applicable law. This Section and all limitations will apply even if the above stated remedy fails of its essential purpose or if the other party knew or should have known of the possibility of such damages. Each provision of these Terms of Service that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms of Service between the parties. This allocation is an essential element of the basis of the bargain between the parties and shall survive any termination or expiration of these Terms of Service.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms of Service and which if known, might materially affect your consent to these Terms of Service. You expressly waive all rights you may have under Section 1532 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. TO THE EXTENT REQUIRED BY APPLICABLE LAW, NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
9. Indemnity
You alone are responsible for the manner in which you use the API Materials. VideoCoin Network and the Services. You shall defend, indemnify and hold harmless the Live Planet Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use (or misuse) of, the VideoCoin Network, any Services or the VideoCoin Network; (b) your violation of any portion of these Terms of Service, any representation, warranty, or agreement referenced in these Terms of Service, or any applicable law or regulation; (c) your violation of any third-party right, including copyright or trademark infringement or violation of any intellectual property right, publicity right or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
10. Term and termination
A. Term. These Terms of Service commence on the date you first access the VideoCoin Network, register for an Account or otherwise use the Services and continues until expiration of the Period.
B. Termination by Live Planet. Live Planet may, at any time, terminate your right to use and access the VideoCoin Network and Services if:
You breach any provision of these Terms of Service, act in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms of Service or otherwise create risk or possible legal exposure for us; or
We are required to do so by law (for example, where the provision of the VideoCoin Network or Services to you is, or becomes, unlawful); or
We elect to change, suspend, remove, discontinue or disable access to our VideoCoin Network or the Services, in whole or in part for any reason, (such as, for example, it becomes impractical for us to continue offering Services in your region due to change of law).
C. Retrieval of Customer Content. Upon expiration of the Period or termination of these Terms of Service, you shall immediately stop using the VideoCoin Network and Services. For a period of then (10) days from the date of termination of these Terms of Service, Live Planet will allow you to download transmit any Customer Content being processed in the VideoCoin Network and Live Planet may thereafter, unless legally prohibited, delete all of your Customer Content from our systems or otherwise in our possession or under our control. However, some copies of your Customer Content may be retained as part of our routine backups.
D. Surviving Provisions. Sections 4.C, 4.F, 4.H, 4.I, 5-9, 10.C, and 11-18 shall survive any termination or expiration of these Terms of Service.
11. Force majeure
Live Planet will not be liable to you for any delay, loss, or any other matter due to an event which prevents, impedes, or delays a party’s performance of its obligations hereunder, such as an act of God, terrorism, war or other military or police action, political insurgence, pandemic or epidemic, insurrection, riot, civil unrest, act of civil or military authority, internet service provider failure, changes in applicable law or regulation, uprising, earthquake, flood or any other natural or man-made eventuality outside of Live Planet’s control.
12. Privacy
We describe all policies related to our collection and use of data in our current Privacy Policy, which is incorporated into these Terms of Service by this reference which may be update from time to time in accordance with the terms of the Privacy Policy.
13. Publicity
Each party agrees not to issue any press release, publicity or other public statements regarding your use of the VideoCoin Network, without the other party’s prior written consent, except that Live Planet shall have the rights to use your name and logo on Live Planet’s website, and in sales collateral and press listings. All other marketing uses shall be subject to your prior written consent.
14. Controlling law and severability
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. These Terms of Service will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any portion of these Terms of Service to be unenforceable, such excluded term shall be replaced with a valid provision that most closely approximates the parties’ intent, and the remainder of these Terms of Service will continue in full force and effect.
15. Arbitration
A. Generally. In the interest of resolving disputes between you and Live Planet in the most expedient and cost-effective manner, you and Live Planet agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award, and your liability is nevertheless limited as set forth in these Terms of Service. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Service. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND LIVE PLANET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
B. Exceptions. Despite the provisions of this Section 15, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
C. Arbitrator. Any arbitration between you and Live Planet will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Live Planet.
D. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Live Planet’s address for Notice is: Live Planet, Inc., 809 Laurel Street #1346, San Carlos, California, USA 94070. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Live Planet may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Live Planet must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Live Planet will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Live Planet in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
E. Fees. If you commence arbitration in accordance with these Terms of Service, Live Planet will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, USA, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Live Planet for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
F. No Class Actions. YOU AND LIVE PLANET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Live Planet 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.
G. Modifications to this Arbitration Provision. If Live Planet makes any future change to this arbitration provision, other than a change to Live Planet’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Live Planet’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected will survive, and Live Planet may refuse to provide the VideoCoin Network and any further Services or products to you.
H. Enforceability. If Section 15.F. is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to these Terms of Service.
16. Consent to electronic communications
By opening an Account, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically to the email you provide in your Account will satisfy any legal communication requirements, including that such communications be in writing.
17. General
These Terms of Service, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms of Service, are the entire and exclusive understanding and agreement between you and Live Planet regarding your use of the VideoCoin Network and Services. These Terms of Service may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Service. You may not assign or transfer these Terms of Service or your rights under these Terms of Service, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Service at any time without notice or consent. Use of section headers in these Terms of Service is for convenience only and will not have any impact on the interpretation of any provision.
18. Contact information
By mail:
Live Planet, Inc.
809 Laurel Street #1346
San Carlos, California, USA 94070
By email: