IMEVE LIVE APP SERVICE TERMS
1. Requirements for Use
To use the Service, you must have an active license to use Imeve OZO Live software. If you are a minor, you must have your parent or legal guardian to accept your registration on your behalf and approve your use of the Service. Anyone completing the registration must be legally competent.
2. Use Constitutes Acceptance of terms
The Terms constitute an agreement between you and Imeve Inc. defining your and Imeve’s rights and responsibilities with respect to the Service.
To use a Service you may need to register and create an Imeve account with a username and a password. Registration may require you to provide us with certain personal and other information. Imeve may verify your email address before the account can be used. The setup of the Service on your device and the creation of an Imeve Account will require data transmission. Data transmission costs may apply.
You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify Imeve about any misuse. You, and your parent or legal guardian if you are a minor, are personally responsible for any use of the Service.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. Imeve may terminate your registration or restrict your access to certain parts of the Service if Imeve reasonably believes that you have breached the Terms or with prior notice if you have not signed into the Service with your username in the past six (6) months.
4. Licenses & Content
Imeve grants you a non-exclusive, non-transferable license, revocable at any time at Imeve’s sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service. The Terms do not grant you the right to use any branding or logos used in the Service, and you are not authorized to remove, obscure, or alter any legal notices displayed in or along with the Service.
You may stream the video and auto footage captured by you (“Content”) through the Service. Imeve does not claim ownership in your Content. Your submission of Content does not transfer ownership of rights of the Content to Imeve. Imeve only facilitates the transmission of the Content and is not responsible for editorial control over it.
Without limiting your ownership rights in your Content, you acknowledge and agree that Imeve shall have the right to monitor, store, use, disclose, compile or otherwise process any data or information resulting from your use of the Service for the following purposes: (i) for the purpose of providing the Service; (ii) for maintenance and operational purposes; (iii) for the purpose of developing and improving the Service; (iv) for the purpose of statistical analysis and research; and (v) for the purpose of identifying any violations, misconduct or technical errors.
You are solely responsible for making any backup copies of the Content you stream on the Service. Imeve has no obligation to return data to you after the Service is discontinued or canceled.
5. Using the Service
You agree to:
- Comply with applicable laws, the Terms and all applicable terms, conditions and policies of the respective application platform, including without limitation any application platform policy or requirement relating to the streaming of Content and the use of advertising therein;
- Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous, blasphemous, defamatory, obscene, pedophilic, invasive of another’s privacy, hateful, racially or ethically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise inappropriate material;
- Not to upload, stream or share any information that impersonates another person,
Obtain any consents, permission or licenses that may be legally required for you to submit any Content;
- Respect the privacy of others;
- Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Service users;
- Not to use any automated systems or means to access, acquire, copy or monitor any part of the service;
- Be responsible for the consequences related to the Content that you post; and
- To report any abuse of the above terms: legal@Imeve.com.
Imeve may but has no obligation to:
- Monitor or moderate any Content;
- Remove any Content from the Service; and
- Restrict access to any part of the Service at any time in its sole discretion.
6. Allegations of Copyright Infringement
You may notify Imeve of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to legal@Imeve.com. Your notice must:
- identify the original copyrighted work you claim is infringed;
- identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for Imeve to locate the allegedly infringing content on the Service;
- provide your contact information, including your full name, mailing address, telephone number, and email address, if available;
- provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- provide this statement: “I swear, under penalty of perjury, under the laws of the State of California that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed.”; and
- provide your signature, as applicable.
Imeve may post notices within the Service. Imeve may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from Imeve sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
Your use of the Service may be or may become subject to charges.
Any fees charged by Imeve will be announced separately in connection with the Service.
Use of the Service may involve transmission of data through your service provider’s network. Any prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider. Imeve assumes no responsibility for the payment of any charges of your service providers.
9. Orders and Payment Terms
“Order” shall mean a selection of products and/or services offered for sale by Imeve as may be available in the Service and submission of payment method, as well as submitting the order by selecting the “buy”, “ok”, “I accept” or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.
To place an Order within the Service, you must be legally authorized to do so.
You agree that all Orders shall be legally valid and binding upon acceptance by Imeve.
You may pay by credit or debit card, network service provider billing, or such other payment alternatives Imeve may offer from time to time..
Your credit or debit card must have a billing address in the country where the Content is offered by the Service. Imeve will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
If you choose network service provider billing, charges will appear on your mobile phone bill or be deducted from your prepaid account if it is a prepaid account. Some network service providers may subject your usage of the Service to additional terms and conditions including placing limits on the amount of charges possible with network service provider billing. Charges in excess of network service provider limits or account balance may be rejected.
You agree to: pay the charges related to your Order; to ensure that the instrument of payment is valid at the time of the Order; that you are the rightful holder of the instrument and that the instrument is used within its credit limits.
10. Cancellations and Refunds
You will not be able to cancel your Order once it has been processed.
In the event that within 48 hours after your Order you discover and inform Imeve that (a) the product or service you have ordered is faulty; (b) the product or service Imeve delivers to you does not match the description of the product or service you ordered via the Service; or (c) technical problems delayed or prevented delivery of your product or service or accidental multiple orders caused by such technical problems, your sole and exclusive remedy will be either replacement of such product or service, or refund of the price paid, as determined solely by Imeve. Otherwise, no refunds are available. If you encounter any of the above issues, please contact Imeve Customer Support.
11. Feedback to Imeve
By submitting any ideas, feedback and/or proposals (“Feedback”) to Imeve through the Service or other means, you acknowledge and agree that: (1) Imeve may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) Imeve is not under any obligation of confidentiality with respect to the Feedback; (4) Imeve may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Imeve.
12. Social Activities and Location Sharing
The Service may include features that allow you to share your location, status, Content or personal information or to interact with other users, sites and services. By using these features you agree that Imeve may use and provide that information to other services and persons with whom you choose to interact or share this information. Users of these services and persons, such as your contacts, may see your location, status and/or personal information. In using these features you agree not to share information or Content , or to link to any service or site containing information or Content , that: (a) contains content or other material that is illegal or inappropriate; (b) exploits intellectual property rights without authorization or encourages users to piracy; or (c) contains sensitive personal data of others.
13. Availability and Technical Requirements
The availability of the Service may vary and is subject to Imeve’s sole discretion. Imeve expressly disclaims any representation or warranty that the Service will be available at a particular time. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
To access the Service, you may need to download a specific piece of software developed by Imeve or by another party.
Imeve may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. If Imeve considers a software update to the Service to be important or critical you Imeve may prevent your use of the previous version of the Service until you install the update. The Service may limit the number of times a user can download the software from the Service to help prevent any misuse or abuse.
A particular service may be a pre-release version, for example a beta release, and may not work in the way a final version works. Imeve may significantly change any version of Service or software or decide not to release a final version.
14. Third Party Sites and Content
Imeve may include access to sites and services on the Internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of these sites or services before using these sites or services.
Imeve, having no control over the third-party content, sites or services, therefore assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that Imeve endorses the site or the products or services referenced in the site.
In addition, in the event you and other users create content and links to content within the Service that has not otherwise been submitted to the Service, Imeve shall not be responsible for this type of content or links.
Service may include advertisements. Advertisements may be targeted to the content or information stored on the Service, queries made through the Service, or other information.
16. Personal Data
17. Warranty Disclaimer & Limitation of Liability
IMEVE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. IMEVE AND ITS AFFILIATES AND LICENSOR MAKE NO REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, FREE OF HARMFUL COMPONENTS OR VIRUS FREE OR THAT THE SERVICE OR YOUR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IMEVE AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBLITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR MADE IN RELATION TO AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE SERVICE. YOU EXPRESSLY AGREE THAT THE USE THE SERVICE IS AT YOUR SOLE RISK.
EXCEPT FOR LIABLITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IMEVE IS NOT LIABLE FOR ANY DIRECT DAMAGES CAUSED BY YOUR USE OR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL IMEVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.
You agree to defend and indemnify Imeve from and against all third-party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
19.1 Choice of Law and Dispute Resolution
The Terms are governed by the laws of California without regard to its conflicts of law provisions.
Any dispute, controversy or claim arising out of or relating to these Terms or the breach, termination or validity thereof shall be finally settled by arbitration in California in accordance with the Arbitration Rules of the American Arbitration Association for domestic claims and the International Chamber of commerce for foreign claims at a suitable location. All arbitral activity shall be conducted in the English language.
19.3 Changes in Terms
Imeve may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, Imeve will provide a separate notice advising of the change.
You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modification.
20. Intellectual Property
The Service, Content and software are protected under international copyright laws. Imeve claims copyrights in its Service to the maximum extent of the law. Subject to the Terms, Imeve retains all right, title and interest in the Service and in all other Imeve products, software and other properties provided to you or used by you through the Service.
Imeve may assign its rights and obligations under these Terms to its corporate parent, its subsidiaries, or to any company under common control with Imeve. Additionally, Imeve may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.