liveninja-messenger-terms-and-conditions

LIVENINJA

END USER LICENSING AGREEMENT

This End User License Agreement (“Agreement”) is in force between you and Meetoou Inc. with respect to the LiveNinja real-time, online communication and software application, whether available on a mobile platform or as a web application, (together the “App”) including certain associated Services, as described below. Please review the Agreement carefully before accessing our App, registering an account (“Account”) or utilizing the associated Services, so that you are aware of your legal rights and obligations with respect to the App or Meetoou Inc. and any of its affiliates, parents and subsidiaries (individually and collectively, “we,” “us,” “our” or “MTU”).

  • In the event that you sign up, register or open an account as a merchant, service provider or brand (“Brand”), in addition to this Agreement, you are also bound by and responsible for any Terms of Service and End User Licensing Agreement applicable to all Brands. Please review these Brand agreements available at http://liveninja.com/liveninja-messenger-brand-terms-conditions/.
  • You affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these ToS, and to abide by and comply with these ToS.
  • The App and the Services include and enable the sharing of content, information and communications between you and certain third party Brands. MTU is developer, service provider, host and distributor of services and information. MTU is not a publisher. MTU neither adopts, endorses nor is responsible for the accuracy, completeness or reliability of any information, communications, content, opinion, advice or statement made on or through the App or any Services provided therewith.
  1. Description: The App enables you, the customer (“Customer”), to communicate with and share information with merchants, brands and service providers of your choice (“Brands”) using both mobile and web embedded, real time communication applications. All features and capabilities offered by the App, such as Account registration and relationship management, shall individually and collectively be referred to as “Services”.
    1. MTU reserves the right to add, modify or suspend the App and Services, or any portion thereof at any time. MTU may also impose limits on certain Services or features in its sole and absolute discretion and without notice or liability.
    2. Usage License. You are granted a non-exclusive, non-transferable, revocable and limited license to use the App and our Services in accordance with this Agreement. MTU retains the right to terminate this license, without notice, in its sole and absolute discretion, at any time for any reason whatsoever.  MTU also reserves any rights not explicitly granted in this Agreement.
  2. Registration: In order to use the App and Services, you will need to register an Account. When creating an Account, you agree to provide accurate, current and complete information about yourself (“Registration Data”) as prompted by the App.
    1. Account Registration begins immediately when you first start utilizing the App. The App collects basic contact information from you, which in turn become the basic Registration Data for the App.
      1. You represent that we may rely on your Registration Data as accurate, current and complete.
    2. Eligibility: You affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these ToS, and to abide by and comply with these ToS.
  3. Communication Control. Your engagement with any Brand as a Customer is at all times controlled by you and such Brands directly. Please be aware that other than enabling all communications, MTU does not control your engagement and sharing of information with a Brand.
    1. Control by You. The App provides you with some controls over who receives any Registration Data you provide.
      1. You may restrict sharing of information with Brands; and
      2. You may prevent Brands from initiating any future communications with you.
      3. However, Brands have access to any information you voluntarily provide them during any communication session you have with them.
    2. Control by Brands. Once you initiate communication with a Brand, a relationship or session is started that remains open until either party terminates it. The App enables Brands to initiate communications with you once a relationship has been established.
      1. Content provided by Brands. Any communication by a Brand deploying the App and Services is that of the respective Brand and not of MTU. Such Brand is solely responsible for the accuracy, completeness or usefulness of such content.
      2. You acknowledge, understand and agree that MTU will not be responsible for, and you agree to hold MTU harmless from, any and all loss or damage resulting from anyone’s reliance on information or other content posted, streamed, communicated or otherwise submitted using the App.
    3. Security. You are solely responsible for maintaining the confidentiality of any communications conducted through the App. If you have reason to believe that your Account is no longer secure, you must promptly notify us.
  4. Termination: An Account may be terminated for violations of this Agreement or at MTU discretion. Such termination shall be effective when executed by MTU or upon transmittal of notice by MTU.
  5. Warranties: You expressly agree that access and use of the App and Services is at your sole risk. The App and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind,
    1. You agree to use the App and the Services in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated.
    2. MTU does not represent or warrant that App or its Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without packet loss whether due to an outage or a period update, nor does MTU warrant any connection to or transmission from the internet, or any quality of Service due to user installed routers or firewalls. 
    3. MTU attempts to verify to identify of Brands using its Services. The above not withstanding, MTU does not represent or warrant against any individuals, companies or Brands utilizing its Services in violation of any of its Terms of Service, End User License Agreement or other policies (together, “Policies”). MTU is not liable to you or to any third party for any indirect, special, incidental or consequential damages resulting from the misuse of our Services by other individuals, companies or Brands in violations of our Policies.
    4. MTU is not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
  6. Legal.
    1. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
    2. To the extent that anything in, or associated with, the App or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
    3. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
    4. You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
    5. Dispute Resolution.  If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by sending an e-mail to the address below. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures such as mediation or arbitration.
    6. Choice of Law. This Agreement shall be treated as though it was executed and performed in Miami-Dade County, Florida and shall be governed in all respects by the laws of the State of Florida without regard to conflict of law provisions.
    7. Forum. You agree that any Claim or dispute you may have against us must be resolved by a court located in Miami-Dade County, Florida, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such claims or disputes.

Contact Us:

Meetoou LLC. aka LiveNinja

120 NW 25th Street

Loft 301

Miami, FL 33127

support@liveninja.com