Terms of Service
Welcome to LiveTake LLC, an interactive space dedicated to sports fans. LiveTake LLC, including any current or future affiliates and subsidiaries (collectively, "LiveTake") is thrilled you're placing your trust in our service.
These Terms and Conditions ("Terms") apply to our website at https://joinlivetake.com/ ("Site") and any related products, services, communications, or apps (collectively, the "Services"). You may interact with many of our Services, and many of these Services are built to interact with one another. For example, engaging in a LiveTake challenge in the app affects your profile on our Site.
We're thrilled you're placing your trust in our service, and this page provides some transparency so you know what to expect. Here, you'll find:
- What to expect from us (the services we'll provide)
- What we expect from you (how we intend our service to be used)
- Content ownership (what is yours and what is ours)
- What to do if there's a problem or disagreement
It is important to read and fully understand these Terms and Conditions, as it is a legally binding agreement that applies to your use of LiveTake's Services. NOTICE OF ARBITRATION: PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH LIVETAKE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Access to Site and Services.
- Your Obligations. You agree to abide by any rules that LiveTake publishes with respect to use of the Services and any other current or future rules and regulations communicated to you either by posting such rules or regulations to the Site or delivered to you by e-mail. Any such rules or regulations are incorporated into these Terms. LiveTake reserves the right to deny you access to the Services if, in LiveTake's sole discretion, you have failed to abide by these Terms. You further agree you will comply with all applicable laws, rules, and regulations whether local, state, federal, or otherwise.
- Security. You agree not to transfer or share your access or any login information to or with any third-party (excluding immediate family members living in the same household). You are solely responsible for any authorized or unauthorized use of your username, password, and access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Services with your password. You agree to accept responsibility for all activities that occur under your account or password. LiveTake reserves the right to refuse service, terminate accounts, remove or edit content, or cancel your account in its sole discretion.
- Compatibility; Equipment. You are solely responsible for providing, maintaining, and ensuring compatibility with the Site and App including all hardware, App, electrical, and other physical requirements for your use of the Services, including, without limitation, telecommunications, internet access connections, web browsers or other equipment, programs and similar services. This includes, for example, maintaining a mobile device that is compatible with the current version of the App (for App users).
- Authorization and Ownership. You represent and warrant that any information, data, documents, or any other content ("User Content") that you choose to upload or otherwise provide to LiveTake in connection with the Services is either owned by you, or that you have the legal right to upload or provide such User Content to LiveTake. You also agree to indemnify, hold harmless, and defend LiveTake and its affiliates from and against any action, cause, claim, damage, demand, liability, or loss, including reasonable costs and attorneys' fees, asserted by any person, arising out of, or relating to a claim that your upload or provision of User Content infringes or violates the rights of any third-party.
- Accurate Information. You represent and warrant that all information and documents provided by you are accurate, truthful, and authentic.
- Suspension. LiveTake may suspend your access to the Services at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Services, if you have failed to comply with any of the terms of these Terms, or if any information or documents provided by you are false, misleading, or deceptive.
- Use of the Services by Children. The website and our mobile application are not for general audiences. We do not offer our Services to individuals under 18 years of age. No one under the age of 18 may provide any information to or on the website and our mobile application. We do not knowingly collect personally identifiable information from individuals under 18. If you are under 18, do not use or provide any information on this website, our mobile application or on or through any of its features. If you are under 18, you may not register on this website and our mobile application, use any of the features of this website and our mobile application, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. Should an individual whom we know to be under the age of 18 sends personally identifiable information to us, we will delete or destroy it as soon as reasonably possible. If you believe we might have personally identifiable information, please contact us. If you are a user that inputs information related to children under the age of 18, you represent to LiveTake that you have the requisite authority and permissions to collect and for us to process the information.
Prohibited Use of Services.
You acknowledge and agree that you will not and cannot:
Make any commercial use of the Services, including the Device, App, and Website, including but not limited to all content, descriptions, materials, or information comprising or related to the Services;
Reproduce, duplicate, copy, display, rent, sell, resell, or otherwise exploit the Services, or their contents, descriptions, materials, or information for any purpose without the express written consent of LiveTake;
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials obtained from LiveTake, from the Services, or acquired in connection with the Services;
Use the Services in any manner that infringes upon or violates the copyright, patent, trademark, or trade secret rights of another party including, but not limited to, to upload, post, or transmit any content for commercial solicitation or political campaigning, any content that is harmful, threatening, abusive, harassing, vulgar, obscene, sexually explicit, profane, hateful, defamatory, libelous, invasive of the privacy of another, or unlawful, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, or is otherwise objectionable in the sole discretion of LiveTake; or
Upload, post, or transmit any viruses, trojan horses, or other malicious or harmful computer code or programs or otherwise use the Site, App, or the Services to intentionally or unintentionally violate any local, state, federal, or other law;
You agree that LiveTake may revise the Terms, the Polices and any rules, guidelines, or other Terms related to the Services from time to time, at LiveTake’s sole discretion. Such revisions shall become effective upon posting on any Site or providing a copy of the revised Terms to you via the e-mail listed for your account (the “Effective Date”). You acknowledge that it is your responsibility to review such e-mails or postings to review any revisions to the Terms. You agree to be bound by the revised Terms. If you do not agree to the revised Terms, or any other revision, you may no longer access the Services or any application associated with the Services or LiveTake.
Ownership of Intellectual Property; Alleged Copyright Infringement.
- Unless otherwise noted, the Services and Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to LiveTake and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. Except as expressly provided in these Terms of Service, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without LiveTake’s express prior written consent.
- You acknowledge and agree that any submission, user content, feedback, comments, or suggestions (“Submissions”) you may provide is non-confidential and non-proprietary and shall be treated as public information, may be shared with others on other sites and platforms (including social media) and is submitted by you in compliance with these Terms of Service. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of LiveTake and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and LiveTake shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses. With respect to all other Submissions, you hereby grant LiveTake an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms.
- Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by LiveTake and that the information is submitted to LiveTake in compliance with all applicable laws.
- LiveTake reserves all rights, title, and interest in and to the Services, including all related intellectual property rights, subject to the limited rights expressly granted hereunder.
- Digital Millennium Copyright Act (“DMCA”) Notice of Claimed Infringement. LiveTake respects the intellectual property rights of others and it is our policy to expeditiously process and review and notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to LiveTake Designated Agent at firstname.lastname@example.org, and must contain all of the following: (i) a signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and is to be removed or have access to same disabled, and information sufficient to permit LiveTake administrators to locate the material; (iv) information sufficient for us to contact you, such as address, telephone number and e-mail address; (v) 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 owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
- DMCA Counter-Notice. If you believe any content or materials posted or uploaded by you were improperly removed or disabled, you may submit a Counter-Notification to LiveTake’s Designated Agent at email@example.com with all of the following: (i) your signature (physical or electronic); (ii) a description of the work at issue; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address and telephone number, and a statement that you consent to jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
- Availability of Services. You agree that from time to time the Services may be inaccessible or inoperable in whole or in part for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which LiveTake may undertake from time to time; or (iii) causes beyond the control of LiveTake or which are not reasonably foreseeable.
- LIVETAKE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. LIVETAKE DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE APP, OR AS PART OF THE SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE. LIVETAKE DOES NOT WARRANT THAT THE SITE, APP, OR THEIR SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIVETAKE WILL NOT BE LIABLE UNDER THESE TERMS FOR (A) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, LIVETAKE'S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED $100.00.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in this section may not apply to you.
You hereby agree to indemnify, defend, and hold harmless LiveTake and its respective affiliates, employees, agents, representatives, successors, and assigns from any and all liability, obligation, loss, damage, injury, penalty, action, judgment, suit, claim, cost, expense or disbursement of any kind and nature which may be imposed on, incurred by or served against LiveTake by any person or entity relating to, arising out of, or in connection with these Terms or any other policy, terms and conditions, or action related to your use of the Services.
- Term. These Terms are effective upon your use or access to the Services, and shall continue in full force until terminated. The Terms shall automatically terminate if you delete your account in accordance with Section 8.2.
- Termination by You. You may terminate your account governed by these Terms by sending an e-mail to firstname.lastname@example.org or by deleting your account through the profile settings. Termination by you shall be effective immediately upon the termination of your account through your online profile or within 30 days of our written confirmation of receipt of your termination request via email.
- Termination or Suspension by LiveTake. LiveTake may terminate these Terms and/or suspend your access to the Services (a) for any reason whatsoever by providing you with thirty (30) days' notice to the e-mail address on file with your account; (b) upon any breach of these Terms; or (c) if you take any actions or make any statements that LiveTake deems, in its sole discretion, to be threatening, dangerous, inappropriate, or otherwise pose any harm or risk to LiveTake, the Site, the Device, the App, or other users or participants in the Services.
If you submit information or content (other than User Content) to LiveTake, with or without a request from us, including, without exclusion, customer feedback, comments, content, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that LiveTake may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. LiveTake is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
Governing Law and Dispute Resolution.
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Connecticut excluding its conflicts of law principles.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH LIVETAKE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms and the use of the Services (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).
No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Location. The location of the arbitration shall be in Hartford, Connecticut.
Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in the State of Connecticut for the purpose of litigating all such disputes. You also waive your rights to a jury trial.
Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.
Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.
- Waiver; Severability. No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of these Terms is determined to be illegal or unenforceable, then such provision shall be construed by modifying it to the minimum extent necessary to make it enforceable, unless such modification is not permitted by law, in which case that provision is to be disregarded and the other provisions will remain fully effective and enforceable.
- Users Outside the United States. LiveTake and the Services are operated in the State of Connecticut. While the Services may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.
- Canada. The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu'elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
- LiveTake's failure to insist on or enforce strict performance of these Terms of Service shall not be deemed a waiver by LiveTake of any provision or any right it has to enforce these Terms of Service. Any such waiver must be in writing in order to be effective. Except as expressly set forth herein, these Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
- This Agreement is binding on the parties hereto and their respective successors and permitted assigns. You may not assign this Agreement without the prior written consent of LiveTake. Any assignment in violation of this section is void.
- LiveTake's failure to perform any term or condition of this Agreement as a result of conditions beyond its control, including but not limited to, acts of God, war, strikes, fires, floods, governmental restrictions, power failures, pandemics or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.
- No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement.
- The parties are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you and LiveTake as a result of this Agreement or use of the Services.
Questions or Comments.
Should you have any questions or comments regarding these Terms, please contact us at contact@LiveTake.com or at LiveTake, Inc., 19 Rockland Place, Old Greenwich CT, 06870. While we do not undertake any responsibility to respond to such inquiries or comments, we hope to respond promptly to any comments or concerns.