ImLive.com - TERMS OF USE

Please read the following Terms & Conditions carefully

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Last revised: October 2024

1.GENERAL

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 http://www.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:

2.USE OF OUR SERVICES

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

3. GUEST ACCOUNT

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 –

1. You will provide the Company with true, complete and up-to-date information regarding your registration and billing information. Any Guest providing the Company with information that is not true, complete and up-to-date shall not be permitted to continue to use the Site or participate in any HGCS, and may be subject to civil and criminal liability.
2. If you previously had an account on the Site, we did not suspend or terminate that account for breach of this agreement or any other agreement between you and ImLive;
3. You are creating an account for your personal use, and you will not sell, rent, or transfer your account to anyone;
4. You will provide the Company with a valid email address for Site verification purposes and for services quality assurance. This means that the Company can send you verification emails and also emails from the message center which any Host has requested that the Company convey to you. By becoming a registered member of the Site, you agree to receive from the Site commercial emails about the services and products of the site and its partners.
5. You are solely and entirely liable for all your activities on the Site, including in any HGCS, conducted through your account. Please note that you may not permit any other person to use your account. You must keep your user name / password strictly confidential and may not disclose them to any person. You may not assign or transfer any of your rights or obligations under these Terms or under any Agreements, your username or your password, to any other person or entity.
6. You must promptly inform the Company of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password.
7. Guests who are not permitted to continue to use the Site or participate in any HGCS may not access the Site or receive any Host Services without the prior express written permission of the Company.
8. We will not be liable to you for any loss that you might incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by another person or us because of someone else’s use of your password or account.
9. By registering for an account, you hereby consent to receive electronic communications from us about your account. Communications might involve sending emails to the email address you provided during registration or posting communications on the Site and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that those communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. We will obtain your consent to receive other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys by email or other methods. You acknowledge that communications you receive from us might contain sexually explicit material unsuitable for minors. If you no longer want to receive non-transactional communications from us, please review our Privacy Policy on how to opt out of marketing communications. If you have any questions or concerns regarding the Hosts, their security or their well-being you are able to contact us via the Company's Customer Service Department: info@imlive.com
10. In the event, you encounter any prohibited content, as detailed in these Terms and especially in section 6, in an HGCS or on the Site or find any other forbidden activity (including but not limited to alleged cases of: any child pornography, bestiality, sex trafficking; rape or torture etc.), please report it to us.
11. Cancellation of your Guest account: You may cancel your Guest account on the Site, at any time, by going to: http://imlive.com/preferences.aspx. In all cases of cancellation of your Guest account you will remain liable for all payments due on your Guest account as well as any liabilities arising from these Terms or any Agreements.
12. Termination of your Guest account: The Company reserves the right to cause you to cease using the Site and/or participating in any HGCS, at any time, and may delete your Guest account for any reason the Company deems necessary. Furthermore, if the Site and/or the provision of Host Services is terminated or suspended, all Guest accounts (of all kinds) will be terminated immediately without any prior notifications from the Company. In any such case, you will remain liable for all payments due from your Guest account as well as any other liabilities arising under these Terms or any Host-Guest Agreement.

4. VIRTUAL ITEMS

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:

1. All Virtual Items created through the Services are solely and exclusively belong to us.
2. To the extent we do not automatically own any Virtual Item, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Virtual Items, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world.
3. If you have any rights to Virtual Items that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (1) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Virtual Items, (2) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Virtual Items, and (3) to exercise any and all other present or future rights not yet known in Virtual Items. Subject to these Terms, we grant you a limited license to use the Virtual Items, subject to the limitations and other terms set out in these Terms, through your own Account solely for your personal use of the Services.
4. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from the Company or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any of our Services, or any other attributes associated with your account or stored on the Services. Accordingly, you may not sublicense, trade, sell or attempt to sell Virtual Items, or anything that appears or originates in the Services, for "real" money, or exchange Virtual Items for value of any kind outside of the Services, without Company's written permission. Doing so is a violation of these Terms and may result in termination of your account and/or legal action taken against you, any such transfer, sell, purchase, or attempted transfer, sell or purchase is prohibited and void. We retain the right to manage, regulate, control, modify and/or eliminate Virtual Items at our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Virtual Items are subject to change without notice. In addition to the foregoing, we may selectively remove or revoke Virtual Items associated with your account at our sole discretion.
5. Virtual Items may only be acquired or awarded from us or through means we provide on our Services or otherwise expressly authorize.
6. We do not recognize any purchase or transfer made outside of the Services on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the Users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.
7. We accept payment for ImLive Credits through our third-party payment processor using the payment methods identified on the Site at checkout. You must have a valid accepted form of payment to make a purchase. You must comply with any relevant terms or other legal agreement that governs your use of your chosen payment method.
8. You hereby agree to give your payment card details to our payment processor to process your payment. Prices may change at any time, and we do not offer price protection or refunds for any later price reduction or promotional
9. Pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. Your payment card provider may charge you currency conversion fees. We do not control currency exchange rates or charges imposed by your payment card provider or bank. We are not responsible for paying any charges or fees imposed by your payment card provider or bank. We will charge your payment method for the price listed plus any other amounts for applicable taxes, bank fees, and currency fluctuations.
10. ImLive Credits and ImLive Treat Credit expire 30 days from the date of purchase or after that shorter period as might be set out in these Terms.
11. You have no interest in any Virtual Items appearing or originating on the Site, or any other attributes associated with the Site or stored within the Site, other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items as part of the Services.
12. On the cancellation, closure, blocking, or termination of your account for any reason, any outstanding Virtual Items associated with your account will immediately expire.
13. You are responsible for all sales or use taxes, value-added taxes (VAT), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a purchase, you will be responsible for those taxes or fees if they are later found to be payable on that purchase. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each purchase transaction
14. Please note that you may tip Hosts through the Site. You acknowledge the following about tipping:
    • Tipping is not required to use the Services;
    • You tip at your option and own risk;
    • You must only tip using the Site’s gifting function;
    • You must not tip Host by any means of payment other than through the means provided on the Site;
    • Tips are a voluntary gratuity and must not be given in exchange for specific services;
    • Promising to tip in exchange for performing any specific act is prohibited and will result in an immediate and lifetime ban from the Site; and
    • Tips are chargeable when made—we will not return a tip made from your account except in situations that we consider, in our sole discretion, to be extraordinary.

5. CHARGES, BILLING AND PAYMENTS

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 http://imlive.com/gtransactions.aspx. For billing inquiries, please contact the Company's customer service at: http://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.

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 are not processed by the Company, and may be subject to a separate terms of use and privacy policy of such third party provider. 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 provider 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, Iran, India, 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 http://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 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: http://imlive.com/help/CsCenter.aspx.

6. IMLIVE.COM CONTENT

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:

1. You do not have any ownership or proprietary interest or claim in any of the information and content (in any format whatsoever) on the Site or transmitted pursuant to provision of the Host Services. All such information and content is either owned by the Company or the various Hosts (as the case may be) and is subject to any agreement as to ownership thereof between the Company and the Hosts. Any content provided by you is hereby licensed by you to the Company and you shall have no claims, demands or suits in this respect.
2. It is clarified that the Company does not prescreen and is not responsible for the content and information published and/or displayed pursuant to the provision of any Host Services (including in any HGCS) or other features of the Site. However, the Company shall have the right to remove any material or content. In addition, the Company shall be entitled to cause you to cease using the Site and obtaining any Host Services, and to terminate your Guest account immediately, in the event that the Company deems that any material or content transmitted in an HGCS in which you participated or any material or content with which you are otherwise connected is harmful, offensive or otherwise violates these Terms.
3. All materials on the Site, including pursuant to the provision of any Host Services, are proprietary of the Company and constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws, and may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from the Company. By submitting content and/or information to any "public area" on the Site, including but not limited to forums, message centers and entering a Applications or HGCS you grant the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and/or the information and/or to incorporate it in other works in any form, media or technology, for the full term of any rights that may exist in such content.
4. You hereby warrant and represent that any content submitted by you is not infringing on any third party rights, including any intellectual property and publicity rights.
5. The names "ImLive" and "ImLive.com" are protected by trademark law as are other brand names on the Site.
6. Please note that some of the features of the Site and Host Services may contain content that is inappropriate for minors, therefore the access by minors is strictly prohibited.
7. The access to our Site is not recommended to persons who might be sensitive to adult entertainment content and any eventual access to the Site by these person will be their sole responsibility.
8. You acknowledge that the Company cannot, and does not intend to, screen information and content transmitted on the Site or pursuant to the provision of the Host Services, in advance. Therefore, the Company shall not be held liable for any of the material or content provided by Guests and/or Hosts on the Site or pursuant to provision of the Host Services. However, the Company may, at its sole discretion, choose to monitor some or all of the material or content.
9. The Company hereby grants you a single, limited, personal, nontransferable, non-sublicensable, nonexclusive license (i.e., a personal and limited right) to access and use the Site for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content or material on the Site.
10. 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.
11. It is hereby clarified that in any event that the Company decides that any conduct by a Guest restricts or inhibits any other Guest and/or Host, person or entity from using or enjoying the Site or any Host Services, the Company shall be entitled to cause you to cease using the Site and obtaining any Host Services, and to terminate your Guest account immediately.
12. You are hereby committed to use the Site and any Host Services for lawful purposes only. Under no circumstances will you use the Site and/or any Host Services and/or your account to do the following:
• Promote or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable content; including, but not necessarily limited to, bestiality, incest, torture, extreme sado-masochism or bondage presented in a sexual context, defecation alone or in conjunction with a sex act, urination alone or in conjunction with a sex act, violence, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted;
• Harass, embarrass, disturb or cause distress, unwanted attention or discomfort upon another Guest and/or Host and/or any user of the Site or any other person or entity;
• Impersonate any person or entity, including but not limited to a minor or an official representative of the Company;
• Post or transmit, or cause to be posted or transmitted on the Site or pursuant to any of the Host Services any materials advertising any business other than the Site; or
• Seek to obtain any password, account, or private financial information from any Guest and/or Host.
• Promote unsolicited content or unsolicited language that sexually objectifies another person in a non-consensual way or contains fake or manipulated content concerning another person (including “deep fakes”);
• Promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and informed consent to that material (a) being taken, captured, or otherwise memorialized; or (b) being posted and shared on the Site);
• Promote or depict firearms (excluding obvious toys), weapons (excluding obvious toys), or any goods whose sale, possession, or use is subject to prohibitions or restrictions;
• Promote or depict alcohol or drugs or drug paraphernalia;
• Exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
• Engage in, take part in, aid, support, promote, ask for, or ease any act of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion.
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as we decide, may harm our users or us or expose them or us to liability;
• Use the Site in any way that could disable, overburden, damage, or impair the Site or the Services or interfere with any other person’s use of the Site, including their ability to engage in real-time activities through the Services;
• Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Site or any services provided through, or concerning, the Site. This includes an attempt to or using (or permitting, authorizing, or attempting to use): (a) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Site or any data, content, information, or services accessed through the Site; or (b) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations; (c) viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Use any manual process to monitor, copy, record, download, or rebroadcast any of the materials or contents for unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Gain or attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Violates any law or regulation.

7. PROHIBITED CONTENT AND MODERATION – DIGITAL SERVICES ACT (FOR EU USERS ONLY)

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”):

1. Illegal activity: content promoting or facilitating illegal activities, including violence, terrorism, drug use, or hate crimes;
2. 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;
3. Harassment and bullying: content intended to intimidate, threaten, or abuse another person. This includes cyberbullying and doxing;
4. 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;
5. Violent threats: content that threatens violence against an individual or group;
6. Copyright infringement: content that violates intellectual property rights, such as unauthorized streaming of copyrighted material;
7. Misinformation and disinformation: spreading demonstrably false or misleading information particularly regarding public health of safety;
8. Spam and malicious content: unsolicited commercial messages, phishing attempts, or malware distribution;
9. 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.

8. PROMOTIONS AND CAMPAIGNS

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.

9. EMAILS AND SPAM

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. Please see our Anti-Spam Policy for further information including details of how to report violations of these policies.

10. BOOKMARKING

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.

11. DISCLAIMER OF WARRANTIES

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.

12. LIMITATION OF LIABILITY

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.

13. THIRD PARTY LINKS AND PRODUCTS

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.

14. PATENTS

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.

15. COPYRIGHT INFRINGEMENT

If you believe that any material or content infringes your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement.

16. GUEST DECLARATION

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."

17. RESTRICTED LOCATIONS

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.

18. INDEMNIFICATION

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.

19. NOTICES

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.

20. CHANGES

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.

21. SEVERABILITY

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.

22. WAIVER

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.

23. ENTIRE AGREEMENT

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.

24. HEADERS

Headers of sections in these Terms are included for convenience only and shall not be used to interpret these Terms.

25. GOVERNING LAW

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.

26. YOUR COMMENTS AND CONCERNS

All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set out in it.

You should direct all other feedback, comments, requests for technical support, and other communications relating to the Site to us at info@imlive.com.