Last Updated: 1st April, 2020
Your Live Guide Terms of Service
These Terms of Service (the “Terms”) constitute a legally binding agreement between DBA Media, LLC its parents, subsidiaries, affiliates, licensees, and assigns (collectively, “YLG”) and you (“you” or “your”) regarding your use of the Site and the Services available to Permitted Users through the Site (each as defined below). BY ACCESSING, OR USING THE SITE AND SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND AGREE TO BE HELD LIABLE FOR ANY NONCOMPLIANCE HEREWITH. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE OR ANY OF THE SERVICES AVAILABLE THEREON.
PLEASE BE AWARE THAT THESE TERMS INCORPORATE AN ARBITRATION AGREEMENT AS FURTHER SET FORTH IN SECTION 12 BELOW, WHICH REQUIRES THE PARTIES RESOLVE ANY DISPUTES ARISING HEREUNDER THROUGH FINAL AND BINDING ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF ON AN INDIVIDUAL BASIS; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO JURY TRIAL.
Services: Subject to these Terms, Permitted Users can use YLG’s website available at https://yourliveguide.com/ (the “Site”) to view and upload information related to curated live streams, receive notifications and calendar invites relating to such livestreams, and utilize any other services made available to you by YLG via the Site (collectively, the “Services”). Permitted Users shall at all times utilize the Site and Services in good faith in accordance with these Terms. YLG may change, add, remove, suspend or discontinue the Services or any portion thereof, temporarily or permanently, without notice or liability to you.
Users: Users may register an account (each, an “Account”) for the Site and Services as a viewer (a “Viewer Account”), if such Services are made available to such users, or as a creator (a “Creator Account”). Creator Accounts will generate a unique link to the individual creator’s listed livestreams. All data you provide in connection with your Account shall be true, accurate, current and complete. YLG may limit or deny access to the Site and Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction without liability or obligation to you.
- YLG exclusively owns all right, title and intellectual property rights in and to the Site and Services. No title to or ownership of the Site or Services, or any proprietary rights therein or related thereto, are transferred under or by virtue of these Terms. YLG reserves all rights in and to the Services not expressly granted to you under this Agreement. Further, this Agreement does not authorize you to use any name, trademark or logo of YLG. The Services are protected by copyright laws and treaties, as well as Laws (as defined below) related to other forms of intellectual property rights. Conditioned upon your compliance with these Terms, YLG grants you a personal, limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Services during the Term.
- If you provide any suggestions, requests, recommendations, comments or other feedback (“Feedback”) relating to the Site or Services to YLG, you agree that such Feedback is not confidential and will become and remain YLG’s property. Such disclosure shall constitute an assignment of all worldwide right, title, and interest of every kind therein to YLG, and YLG and other authorized entities may freely use the Feedback (for any commercial or non-commercial purpose) without any payment or obligation to you. YLG will not be obligated to implement any Feedback or correct any defects, bugs or errors in the Site or Services identified in the Feedback or otherwise.
Community Guidelines and Restrictive Uses:
Protect Access to Your Account: You are solely responsible for securing all access to your Account. You may not share your user name or password for the Site or Services with any third party, or allow any third party to access or use the Site or Services. You shall promptly notify YLG in the event of any unauthorized use of or access to the Services, and provide reasonable assistance to YLG in investigating and preventing the recurrence of such unauthorized use or access.
Permitted and Restricted Uses of the Site and Services: YLG expects all users to respect YLG’s and third parties’ intellectual property. As such, you agree that you may not:
- use the Site or Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or other rights;
- use the Site or Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs, and Trojan horses;
- interfere with or disrupt the integrity or performance of the Site or Services or third-party data contained therein; (d) attempt to gain unauthorized access to the Site or Services or its related systems or networks; (e) copy the Services or any part, feature, function or user interface thereof;
- modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of the Site or Services;
- access the Site or Services in order to build a competitive product or service, or for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
- “harvest” or collect information from the Site or Services (including information about other users of the Site or Services or offerings, products or services available on the Site or Services) using an automated software tool or manually on a mass basis;
- reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Site or Services or any component thereof, in whole or in part, except as and only to the extent such restriction is permitted by any applicable federal, state, or local laws, codes, rules, regulations, or orders of any governmental authority (“Law”);
- integrate or link to any open source software or freeware with the Site or Services;
- remove any proprietary notices, labels or marks from the Site or Services;
- copy, display, reproduce, publish, license, post, transmit, modify, or distribute any information, in whole or in part, from any written guides, training materials, or tutorials provided to you in connection with your use of the Site or Services;
- sell, resell, license, sublicense, distribute, rent, or lease the Services, include the Site or Services in a service bureau or outsourcing offering, or otherwise access or use the Site or Services other than as expressly permitted hereunder; or
- permit third parties to do any of the foregoing.
Authority and Legal Compliance: You represent, warrant, and covenant that (i) you are of the legal age of majority in your jurisdiction and/or are an authorized representative of your company with the full power and authority to enter into the Terms; (ii) you will comply at all times with all relevant and applicable Laws; and (iii) to the extent you share with YLG any personal data or User Content (as defined below) of any third party for any purpose, you have the authority (including any necessary consents), as required under applicable Law, to provide YLG with such personal data and/or User Content, and allow YLG to use such personal data and User Content for the purposes for which you shared it.
Additional Terms for Creator Accounts: “User Content” shall mean any information you transmit, upload, provide, submit, or post to the Services and any other information you provide to YLG in connection with the Services. You are solely responsible for any activity taking place on your Account, including any User Content you submit to the Site or Services. As such, you agree that (a) you have all rights and licenses necessary in connection with the submission and use of any User Content; (b) all User Content will be accurate, complete, and is not likely to deceive reasonable Third Party Users; and (c) you will not submit any User Content to the Services that is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise violates any third party’s rights or the Terms. By submitting User Content to the Site and Services, you hereby grant YLG: (i) a royalty-free, transferable, sublicensable, nonexclusive, worldwide right and license to publish, reproduce, modify, create derivative works from, incorporate into other works, distribute, and otherwise exploit any User Content in order to provide the Site and Services. YLG has the right, but no obligation, to prescreen, monitor, edit, or remove any User Content submitted through the Site by any user.
Indemnity: You agree to indemnify, hold harmless and defend YLG, including its licensees and its and their subsidiaries, affiliates, officers, directors, agents, employees, contractors, successors and assigns (collectively, the “YLG Parties”), from and against any and all costs, expenses, liabilities, fines, penalties, and damages, including attorneys’ fees, incurred in connection with any and all third party claims arising out of (a) allegations relating to your use of the Site and Services including, without limitation, that such use infringes, misappropriates or otherwise violates a third party’s rights, applicable Law, or these Terms; (b) any breach of representation, warranty, covenant or obligation hereunder; or (c) User Content or Feedback or the use thereof.
Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YLG MAKES NO REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND WHATSOEVER. USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. YLG EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. YLG DOES NOT WARRANT THAT THE SITE OR SERVICES WILL PERFORM ERROR-FREE OR WITHOUT INTERRUPTION; MEET ANY PERFORMANCE OR RELIABILITY STANDARDS; BE FREE FROM BUGS, VIRUSES, HARMFUL CODE, ERRORS, OR OTHER PROGRAM OR SYSTEM LIMITATIONS (OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED); MEET YOUR REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; OR BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES. YLG SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR DOWNTIME OF THE SERVICE, ANY BREACH OF DATA SECURITY, OR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM USE OF THE SITE OR SERVICES, FAILURE OF THE SITE OR SERVICES, OR OTHERWISE RELATING TO THE SITE OR SERVICES.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YLG WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES HOWEVER CAUSED, INCLUDING DAMAGES FOR COMPUTER MALFUNCTION, LOST PROFITS, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, AND/OR THE COST TO OBTAIN SUBSTITUTE SOFTWARE OR SERVICES ARISING IN ANY WAY OUT OF THESE TERMS OR THE USE OF (OR INABILITY TO USE) THE SITE OR SERVICES, WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF YLG WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL YLG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE OR SERVICES, ANY TRANSACTIONS OCCURRING THEREON, THESE TERMS, OR ANY ORDER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THE ABOVE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Governing Law: These Terms and any dispute or claim arising out of or related hereto, the subject matter, or formation hereof (in each case, including non-contractual disputes or claims) is governed by and shall be construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. The United Nations Convention on the International Sales of Goods does not apply to these Terms.
Arbitration Agreement: Please review the below Arbitration Agreement (the “Arbitration Agreement”):
- You agree that any dispute or claim relating in any way to your access or use of the Site or Services, or to any aspect of your relationship with YLG, will be resolved by binding arbitration in accordance with the Federal Arbitration Act, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) YLG may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
- To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to YLG Inc., 750 N. San Vicente Blvd., Suite 950 West Hollywood, CA 90069. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitration shall take place before a mutually selected single neutral arbitrator in Palo Alto, California. You may choose to have the arbitration conducted by telephone, based on written submissions, or at another mutually agreed location. The parties shall equally bear the cost of the arbitration. Any dispute or claim arising out of or related hereto, the subject matter, or formation hereof (in each case, including non-contractual disputes or claims) is governed by and shall be construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. The United Nations Convention on the International Sales of Goods does not apply to the Terms or any dispute arising hereunder. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and YLG. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in Los Angeles, California. All other claims shall be arbitrated.
- You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 750 N. San Vicente Blvd., Suite 950 West Hollywood, CA 90069 and [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your YLG username (if any), the email address you used to set up your YLG account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with YLG.
- If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of your relationship with YLG. Notwithstanding any provision in the Terms to the contrary, you and YLG agree that if YLG makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing YLG at the following address: 750 N. San Vicente Blvd., Suite 950 West Hollywood, CA 90069.
DMCA: YLG respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, provide YLG’s Copyright Agent a report in writing to the below address and/or email address with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
YLG’s Copyright Agent: [email protected]; or 750 N. San Vicente Blvd., Suite 950 West Hollywood, CA 90069
Modifications: YLG reserves the right, in its sole discretion, to modify these Terms at any time with or without notice to you, provided that notice may include posting a revised version of these Terms on the Services. Any such modified Terms will be effective immediately upon being made available to you, and your continued use of the Site or Services thereafter constitutes your affirmative acceptance of such modified Terms. Otherwise, the Terms may not be modified, in whole or in part, except by written agreement executed by an authorized signatory of YLG. You understand that if you do not agree to any modifications, your sole and exclusive remedy is to discontinue any use of the Site or Services.