• Welcome. Welcome to LiveLens. You may not use the Service if you are less than 13 years of age. If you are less than 18 years of age, you need to obtain permission from your parent or legal guardian. [more]
• About. LiveLens is a social, mobile and streaming Service (which includes designated Apps for Facebook and mobile devices) that lets you share live Videos with your friends that you shoot with your mobile device, and view both live and stored Videos that other users have created. [more]
• License. Subject to these Terms, we hereby grant you a limited and restricted license to use the Service, in accordance with these Terms. At any time, we may start charging a fee for using the Service. [more]
• Registration. Use of the Service requires registration through your Facebook account. [more]
• Account. In certain circumstances, we may temporarily or permanently limit, suspend, or terminate your user account and remove content that you uploaded to the Service. [more]
• Restrictions. You may use the Service for your personal and non-commercial use only. You may not use the Service in any objectionable manner listed in our Terms. [more]
• Your Videos. You may post only lawful, non-infringing content on the Service. By posting Content, you give us certain rights to it. We may remove or block any Content you have created. Before posting Content, you must obtain the permission of all those who hold rights to the Content, all those who have rights to any IP protected element that is depicted in the Content, and all individuals (including parents of minors) depicted there. [more]
• Fee-based Videos. Access to certain Videos on the Service may require payment of a fee, at the rates posted next to each such Video. By purchasing access to any fee-based Video you agree to be billed for the fee that is specified next to the Video, plus any applicable taxes, and commissions. [more]
• Rev-share. If you designate your Video as a fee-based Video, you may be entitled to receive a certain portion of the Revenue (as defined in the Terms) made through other users' purchasing access to that Video. See these Terms for more info [more]
• Intellectual property. All rights, title and interest in and to the Service and all Videos, including patents, copyrights and other intellectual property rights and goodwill associated therewith, are owned by LiveLens, or its licensors. [more]
• Removal of Videos. Requests to remove Videos that allegedly infringe third party rights such as copyright, privacy or publicity, must be made in accordance with our Content Takedown Policy. [more]
• Changes in the Service. We may change the layout, scope and features of the Service or the Videos, discontinue or terminate the operation of the Service, in whole, or in part, for all users, or for certain users, all without giving any prior notice. If we decide to distribute releases of updates or upgrades, you give us permission to remotely send and automatically install on your mobile device, code or settings changes in the App. [more]
• Support, availability and quality. The availability, quality and functionality of the Service depends on various factors, which are not fault or disruption free and do not necessarily provide the best possible throughput or quality of service. We may, but are not obligated to, offer technical support in any form that we may determine. [more]
• Changes to the Terms. We may change the Terms by providing you advance notice and seeking your consent to the changes. Your continued use of the Service after the effective date of the amended Terms constitutes your consent. If you do not agree to the amended Terms, we may terminate these Terms and your account on the Service. [more]
• Application Marketplace. Because you downloaded the App from a third-party application marketplace or platform (such as Apple's App Store or Facebook), other third party terms, restrictions and disclaimers apply. [more]
• Links and Commercial Information. The Service and Videos may contain various forms of ads or commercial information or content. These originate from third parties, and we cannot guarantee their reliability or accuracy. Their inclusion in the Service does not constitute our recommendation or encouragement to procure the goods or services advertised. [more]
• Termination. You may terminate these Terms by removing the App from Facebook and all other devices. We may terminate these Terms at any time, by means such as issuing you a notice or blocking your access to the Service. Termination and your uninstalling the App will not remove the Videos that you have created from our servers. Some provisions of these Terms will survive termination. [more]
• Governing Law & Jurisdiction. The Terms and any use of the Service are governed by the laws of Israel and subject to the exclusive jurisdiction of the courts in Tel-Aviv, if you and we are unable to resolve the claim or dispute in a friendly and informal process. [more]
• Additional provisions. THE TERMS INCLUDE ADDITIONAL PROVISIONS THAT YOU SHOULD CAREFULLY READ, SUCH AS PROVISIONS REGARDING WARRANTY, LIMITED LIABILITY, INDEMNITY AND ASSIGNMENT.
• Contact us. At any time, you may contact us with any question, claim or complaint that you may have with respect to the Service, through regular mail or via mail at: firstname.lastname@example.org. [more]
Welcome to LiveLens, a social, mobile and streaming service (the "Service") that lets you share live videos with your friends that you shoot and stream with your mobile device ("Videos"), and view both live and stored Videos that other users have created. Our designated applications for mobile devices, as well as our Facebook application, will all be referred to as the "App", which constitutes an integral component of our Service.
If you are under the legal age of majority in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to accept these Terms. If you are under the age of 13 you may not use the Service in any way.
Because the Service includes an App, it may be subject to additional terms and conditions that govern the use of Facebook, Facebook applications and Apple devices. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms and conditions.
About the Service
The Service lets you shoot and stream live Videos through our designated smartphone App, share them with your Facebook friends using our designated Facebook App, and store them on the cloud for you and others to view later.
The Service allows you to see who's watching your Videos and lets you and your friends respond to Videos with Facebook comments in real-time. You can also choose who can see your Video and invite specific people to watch it, through Facebook notifications. You can also monetize your Video by setting a viewing fee, whereby users will be charged for gaining access to your Video.
Just as you can share your live Videos with others, you can watch Video streams of videos that other users are shooting and have chosen to share with you or with Facebook users in general. You can also pay for fee-based Videos that you want to see, through the in-app purchase feature.
Subject to these Terms, we hereby grant you a worldwide, limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable right and license, until the termination or expiration of these Terms, to download and install the App on a computer or mobile device owned or controlled by you, and use the Service through such App in accordance with these Terms.
Subject to the fees that we may charge for accessing and viewing certain Videos and to the other provisions of these Terms, the license to download and install the App, and use the Service, is granted to you free-of-charge. We may, however, at any time, start charging a fee for your download, install, or use of the Service. In such a case, we will notify you beforehand and seek your consent to those charges. If you do not consent to such fees and charges, we may block your access to the Service, delete your account, and terminate these Terms.
Registration and user account
The Service is only available to Facebook users. Use of the Service requires registration and creation of a personal account on the Service, through your Facebook account. You are prohibited from selling or transferring your account in any other way, to another user, entity or any third party.
You may terminate your account on the Service at any time. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Service. You can update and modify your details, from time to time, through your Facebook profile.
Account suspension and termination
In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove content that you uploaded to the Service and take technical and legal measures to keep you off the Service, if we believe that -
• You misused the Service or breached these Terms;
• You performed any act or omission that violates any applicable law, rules, or regulations, or is harmful or may be harmful to us or any other third party, including other users of the Service; or
• You have abandoned your account.
Use of the Service and restrictions
We encourage you to treat Videos available through the Service, with caution and discretion. We do not guarantee and make no representation or judgment about such Video's accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality.
Using the Service, including posting or viewing Videos through the Service, requires an online (Wi-Fi or cellular data) connection between your computer or mobile device and the Internet. You are solely responsible for all costs and expenses of such Internet connection, as specified in your subscriber plan or contract with your communication service provider (such as your cellular company).
The following clauses define the acceptable use of the Service. Subject to the Terms, you may access, use and upload Videos and other content to the Service (collectively, the "Content"), and use the features provided through the Service, for your personal and non-commercial use only. For the avoidance of doubt, your monetizing of your Videos from time to time through the Service's official and documented feature of setting a viewing fee for users' access to your Video, will not generally be considered prohibited commercial use of the Service.
You agree to abide by all applicable laws, regulations and rules. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf.
When using the Service, you must refrain from -
• Violating any rules, guidelines or instructions that we may convey with respect to the use of the Service;
• Interfering with or disrupting the functionality of the Service;
• Breaching the security of the App or identifying any security vulnerabilities in it;
• Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
• Sending automated or machine generated queries;
• Using robots, crawlers and similar applications to scrape, harvest, collect or compile Content from the Service;
• Posting false, inaccurate, or misleading Videos;
• Displaying the Service or any part thereof in an exposed or concealed frame, or linking to elements on the Service, such as images, independently from the web pages on which they originally appear;
• Impersonating any person or entity, or making any false statement pertaining to your identity;
• Collecting or processing personal information of the Service's users;
• Posting commercial Content, including advertisements, sponsorships, solicitations, endorsements and public relations material;
• Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising;
You may not post, disseminate, transmit or otherwise communicate through the Service any Content (including Videos) which:
• May infringe rights of other parties, including patents, copyrights, trade secrets, trademarks, a person's right for privacy or right of publicity;
• May Depict or identify minors, their personal details, their address or ways to contact them;
• May include software viruses, spyware or any other malicious applications;
• May encourage, support, assist, or advise in the commission of a criminal offense;
• May, through posting, publication, dissemination, or making available to the public, be prohibited by any applicable law, including court orders;
• May be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
• May include unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.
You may not access or use the Service in order to develop or create a similar or competitive product or service.
You may not use the Service to send invitations or notifications to anyone who has not expressed his or her consent to receive such invitations or notifications from you.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU CREATE, UPLOAD, POST, STREAM THROUGH OR STORE ON THE SERVICE AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO. WE DO NOT NORMALLY EXAMINE, APPROVE OR DISQUALIFY CONTENT THAT YOU OR OTHERS HAVE UPLOADED, STREAMED OR STORED ON THE SERVICE, BUT WE RESERVE THE RIGHT TO DO SO.
WE DO NOT CLAIM OWNERSHIP OVER YOUR CONTENT (INCLUDING VIDEOS), THAT YOU CREATE, UPLOAD, POST, STREAM THROUGH OR STORE ON THE SERVICE. WHEN YOU USE THE SERVICE TO DO THIS, YOU REPRESENT AND WARRANT TO US THAT:
• YOU ARE THE RIGHTFUL OWNER OF ALL RIGHTS TO SUCH CONTENT OR ARE LAWFULLY LICENSED BY ALL THE RIGHTFUL OWNERS TO UPLOAD, POST, STREAM THROUGH OR STORE SUCH CONTENT ON THE SERVICE;
• YOU ARE LAWFULLY ENTITLED TO GRANT US THE LICENSES IN AND TO SUCH CONTENT, AS CONTEMPLATED BY THESE TERMS;
• YOU LAWFULLY OBTAINED THE CONSENT OF ALL INDIVIDUALS, AND THE PARENTS OR LEGAL GUARDIANS OF ALL MINORS, DEPICTED OR SHOWN IN THE CONTENT, TO FILM THEM, EXPLOIT THEIR IMAGE, LIKENESS AND PUBLICITY RIGHTS, AND USE THE VIDEO DEPICTING OR SHOWING THEM, FOR THE PURPOSES AND IN THE MANNERS CONTEMPLATED BY THESE TERMS;
• YOU LAWFULLY OBTAINED A LICENSE FROM THE LAWFUL LICENSORS OF ALL INTELLECTUAL-PROPERTY PROTECTED ELEMENTS (INCLUDING TRADEMARKS, COPYRIGHTED WORKS, AND MUSICAL PERFORMANCE) WHICH ARE DEPICTED, SHOWN OR INCORPORATED IN THE CONTENT, TO EXPLOIT SUCH ELEMENTS, AND TO USE THE VIDEO DEPICTING OR SHOWING THEM, FOR THE PURPOSES AND IN THE MANNERS CONTEMPLATED BY THESE TERMS; AND
• CREATING THE CONTENT, UPLOADING, POSTING, STREAMING THROUGH OR STORING IT ON THE SERVICE, DOES NOT INFRINGE ON ANY RIGHTS OF THIRD PARTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS AND PUBLICITY RIGHTS.
By posting, uploading, streaming or storing Content, including Videos, on or through the Service, you grant us a royalty-free, worldwide, non-exclusive, sub-licenseable and transferrable, license, for as long as you have not deleted your Content from the Service, to copy, distribute, display publicly, adapt, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, sub-license, make commercial use of, process, compile, translate, sell, lend, rent, combine with or incorporate into other content, modify and create derivative works of such content, on or through the Service, and in other communication and information networks, media, platforms, applications and services. You further waive all moral rights and rights of attribution with respect to your content and Videos.
We may, at any time, at our sole discretion and without prior notice to you, remove or modify any Content you have created, uploaded, streamed or posted on or through the Service, without any liability to you.
Access to certain Videos on the Service may require payment of a fee, at the rates posted next to each such Video. Fee-based Videos may not be viewable on all platforms that we offer our App on.
Fees for fee-based Videos can only be paid in the then-current payment methods we establish from time to time, such as the In-App purchase mechanism or in-app billing service on our designated App for mobile devices. By completing the purchase process for fee-based Videos, you give your consent to purchasing access to the fee-based Video in question and being billed for the fee that is specified next to the Video, in addition to any applicable taxes, surcharges or commissions.
In consideration for your payment of the applicable fee for a fee-based Video and subject to these Terms, we grant you, a worldwide, limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable and non-assignable right and license to view the fee-based Video once, upon your payment of the applicable fee, and on additional occasions thereafter, but only while the fee-based Video is stored on our system.
The In-App purchase and in-app billing service are processed, operated and handled by the relevant application marketplace (such as Google Play or App Store), not LiveLens. Fees are billed through your account on the application marketplace, and are subject to their terms and conditions.
We may require additional information from you before completing payment transactions.
All your payment obligations for fee-based Videos are non-cancelable and all amounts paid to us in connection therewith are non-refundable. You are responsible for paying all applicable fees for fee-based Videos that you accessed, whether or not you enjoyed or otherwise benefited from them.
Share of revenue
Subject to these Terms, if you designate your Video as a fee-based Video, through the Service's interface, then until these Terms are terminated, you may be entitled to receive certain revenues made through other users' purchasing access to that Video.
You may only designate a fee for your fee-based Video that is within the pre-determined price-range specified in the App. The fee you have designated for your Video will be the fee that we will charge users who wish to gain access to view your Video, subject always to the processing methods and limitations entailed in the In-App purchase and in-app billing service operated and handled by, and under the terms and conditions of the relevant third parties (i.e. application marketplace such as Google Play or App Store).
Your account will be credited with the amount ("Your Share") remaining from the "Revenue" after we deduct all "Expenses" and "LiveLens' Share", as these terms are defined in our Rev-Share Policy below and as they apply to the Videos that you have designated as fee-based. We may, from time to time, and without specific notice to you, change our Rev-Share Policy, including "LiveLens' Share". The latest version of our Rev-Share Policy will always be accessible on our website, at livelens.com.
You acknowledge and agree that the fee you designated for your fee-based Video, as well as the Revenue, may be subject to changes and fluctuations due to eventualities such as currency rate calculations in the In-App purchase and in-app billing, which are dictated by the relevant third party billing service provider (such as Google Play or App Store). You will have no plea, claim or demand against us regarding fluctuations in the fee you designated for your fee-based Video or the Revenue, arising from or in connection with any billing or payment processing mechanisms operated by third parties.
Payment of sums you are entitled to can only be made once Your Share that has accumulated in your account reaches the then-current threshold for payment, set forth in our Rev-Share Policy ("Threshold").
Following your request for payment (normally, within the period of time specified in our then-current Rev-Share Policy), you will be paid the accumulated amount credited to your account, according to the then-current payment methods specified in our Rev-Share Policy. All applicable transaction fees and surcharges will be deducted from the payment made to you. We may require additional information from you, before remitting payments to you, including information necessary to verify your identity, account information, and the details of your account on PayPal or other payment provider.
You bear sole and exclusive responsibility for verifying the accuracy of all payment account details that you provide to us, and for all consequences of any erroneous or inaccurate payment account details you provide to us. You will have no plea, claim or demand against us regarding Your Share not being remitted to your account (including payments lost or remitted to a third party's account), arising from or in connection with any erroneous or inaccurate payment account details you provide to us.
To the extent we are legally mandated under the applicable tax laws, we will deduct the applicable taxes from Your Share that we remit to you and you will receive the remaining net amount after such deductions. You are solely responsible for reporting Your Share, and paying all taxes applicable to Your Share, as required by the applicable tax laws. Upon our first request, you will promptly provide us all tax forms, certificates or authorizations as may be necessary under the applicable tax laws.
You acknowledge and agree that Your Share constitutes the entire, complete and full consideration that you are entitled to receive from us, in connection with your fee-based Videos.
We will not be responsible for any delay in furnishing payments to you resulting from any reason beyond our control.
If you believe that you did not earn Your Share that you are entitled to, then you may submit a complaint to us through our contact channels listed below.
In the process of investigating your complaint, we will conduct an inquiry that includes comparing the information in your complaint to that in our internal records and in the records of others involved in the operation of the Service. If your complaint is found to be inconsistent with the information contained in these records, then the information contained in these records will prevail and will be non-contestable.
You must assist us by providing any other information we request from you. By declining to provide further information despite our request, you relinquish all claims that you may have against us, or any third party, in respect to your complaint. Upon the completion of our inquiry we will advise you, by email, of the decision.
• "Revenue" means fees, as documented in our internal records, that we have actually received from other users' purchase of access to your Videos, which you have designated as fee-based.
• "Expenses" means fees, costs, surcharges, commissions, and taxes that may apply in connection with the fees charged from users, their collection and any applicable license or royalty fees regarding copyrighted Content. Expenses include all commissions, charges, transaction fees and payments imposed by or through application marketplace operators for In-App purchases (e.g. Google Play and App Store which in many cases charge between 30% and 44% of the Revenue), as well as by PayPal or other billing service providers for the processing of billing transactions.
• "LiveLens' Share" is 30% of the Revenue.
• The "Threshold" is 50 US Dollars (or the monetary equivalent in other currency).
• We will remit, to you, payments of Your Share, through your PayPal account, in US Dollars.
• We will endeavor to remit, to you, payments of Your Share within 45 days from the end of the month during which we receive your request for payment.
All rights, title and interest in and to the Service, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by LiveLens, or its licensors.
Unless as expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service, any part thereof or any the Content on or of the Service (except for your own Videos), either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.
You may not adapt or otherwise use any name, mark or logo that is identical, or confusingly similar to the trademarks, service marks and logos of LiveLens and other providers of the Service. You must refrain from any action or omission which may dilute, or tarnish our goodwill.
Requests to remove Videos from the Service
Any requests to remove Content from the Service that purportedly infringes or violates third party rights, such as copyright, privacy or publicity must be made in accordance with our Content Takedown Policy, which is incorporated to these Terms by reference.
Changes in the Service; discontinuation
We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, at our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our "Staff"), for any of these releases or the lack thereof.
You grant us your express consent to remotely send and automatically install on your mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the App, which, among other things, may change the App's settings, layout, design or display.
We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service or the Videos.
Such changes, by their nature, may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
We may, at any time, at our sole discretion, discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend the provision of the Service, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.
Service support, availability and quality
We may, but are not obligated to, offer technical support in connection with your use of the Service, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You will have no plea, claim or demand against us or our Staff in any matter related to our provision of technical support, or for the lack thereof.
The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks and quality of cellular network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free and do not necessarily provide the best possible throughput or quality of service. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, THAT IT WILL PROVIDE GOOD VIDEO QUALITY, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
Changes to the Terms
From time to time, we may change the Terms, by providing you advance notice of such changes and seeking your consent to them. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. In case of a legal requirement, we may also introduce immediate changes to the Terms and require that you accept them. In any event, if you do not consent to the amended Terms, we may terminate these Terms and your account and block your access to, and use of, the Service. The latest version of the Terms will always be accessible on our website, at livelens.com.
For the avoidance of doubt, changes to the Rev-Share Policy are not subject to the above procedure, but rather to the procedure specified in the "Share of revenue" section of these Terms.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED FOR USE "AS IS" AND "WITH ALL FAULTS". WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE APP AND THE VIDEOS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
LIVELENS, INCLUDING ITS STAFF, SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE VIDEOS, THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON THE SERVICE, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO HALF THE FEES YOU PAID US IN THE THREE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO THE SERVICE, OR IF THROUGH YOUR USE OF THE SERVICE, YOU INFRINGED OR VIOLATED ANY OTHER PERSON'S RIGHTS.
The following terms apply if you downloaded the App from Apple's App Store. You and the LiveLens agree and acknowledge as follows:
These Terms are concluded between yourself and LiveLens, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the "Usage Rules" established by Apple and its principals (as this term is defined in the App Store Terms and Conditions) or the App Store Terms and Conditions, the Usage Rules or the App Store Terms and Conditions will prevail. If any provision of these Terms is less restrictive than the corresponding provision of the Usage Rules or the App Store Terms and Conditions, the Usage Rules or the App Store Terms and Conditions will prevail.
You may use the App on an iPhone or an iPad that you own or control. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App, or your possession and use of the App infringes that third party's IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
Apple and Apple's subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
If you downloaded the App from a different application marketplace, other third parties may be beneficiaries of these Terms, pursuant to those marketplace's terms. Such other third parties are not responsible for providing maintenance and support services with respect to the App.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, LiveLens and its Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney's fees and legal expenses, resulting from any plea, claim, or demand, arising from, or in connection with your use of the Service, your breach of the Terms, any other terms, rules or regulations applicable to the Service, your violation, or infringement of any other person's rights, or your activities, Videos and communications on or through the Service.
Links and Commercial Information in the Service
We may incorporate ads and/or information of commercial nature in the Service. In addition, Videos you view through the Service may contain various forms of ads or commercial information or content. Such ads and commercial content originates from third parties, and we cannot guarantee their reliability or accuracy. The inclusion of such ads and commercial content in or through the Service does not constitute our recommendation or encouragement to procure the goods or services advertised.
The Service may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
Termination of these Terms
You may, at any time, terminate these Terms by completely removing the App from your Facebook account and from all other devices in your possession or control. We may terminate these Terms and your license to use the Service, at any time by issuing you a notice of such termination, blocking your access to and use of the Service, or in any other manner contemplated by these Terms. Upon termination by LiveLens you must discontinue any and all use of the Service and uninstall the App from all devices in your possession or control.
Consequences of termination
Neither the termination of these Terms nor your removal of the App from your devices and Facebook account will delete the Videos that you have created from the Service or make them inaccessible to viewing.
The following sections shall survive any termination, or expiration of the Terms: Your Videos, Intellectual Property, Requests to remove Videos from the Service, Limitation of Liability, Indemnification, Consequences of termination, Governing Law & Jurisdiction, General.
Governing Law & Jurisdiction
Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.
Before submitting any dispute, claim, or controversy arising out of, in connection with or relating to these Terms, to adjudication in court, you and LiveLens will dedicate at least one month to attempt to amicably resolve such matter in an informal dispute resolution process. However, nothing herein shall, in any way, affect either party's right to seek interim or emergency relief in the court of competent jurisdiction, or LiveLens' right to lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claim against us - all, without referring the matter to amicable resolution pursuant to the foregoing.
The competent courts located in the Tel-Aviv-Jaffa district will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and LiveLens, each hereby expressly consents to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
These Terms may only be modified by written amendment duly executed by LiveLens. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by LiveLens, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void. Notwithstanding the provisions of the Assignment of Obligations Law, we may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating to the Agreement. By virtue of such assignment, the assignee assumes our stead, including all right, duties, liabilities and obligations.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
At any time, you may contact us with any question that you may have with respect to the Service, at: email@example.com.
Last updated: August 5, 2014.
Welcome to LiveLens, a social, mobile and streaming service (the "Service) that lets you share live videos with your friends that you shoot and stream with your mobile device ("Videos"), and view both live and stored Videos that other users have created. Our designated applications for mobile devices, as well as our Facebook application (together be referred to as the "App") constitute an integral component of our Service.
Livelens ltd., ("LiveLens", "we", "us", "our"), respects your privacy. This policy (the "Policy") explains our privacy practices for the service. It describes the ways your personal information and data is collected and used and the rights and options available to you with respect to your information.
Personal information that you provide
We access your Facebook profile information, such as your name, age, email address, location, friends and comments to Videos and may ask you to provide additional personal details regarding requests you submit to the Service. Your Videos are not private or confidential and you should not have any expectation of privacy with respect to them. Use caution, common sense and obtain proper consent when you film and upload Videos containing or depicting yourself or other individuals.
Personal Information that we collect
We collect additional data pertaining to your use of the Service, like your geographical location as you shoot Videos, payment and billing information, the interactions you have made with the Service's interface and data from your computer or mobile device such as your IP address.
Personal information about children who are under 13 years of age is not knowingly or intentionally collected.
Use of collected information
We may use personally identifiable information to provide and operate the Service, send you messages, enhance the Service and prevent misuse.
Sharing collected information
Your Videos are shared with other users. Additional personal information is shared with others, to operate, maintain and enhance the Service, and for ancillary purposes such as enforcement of the Service's Terms or the law.
Aggregated or anonymized information
Anonymized or aggregated information which does not identify you personally, may be collected through the Service and used or shared for any purpose.
Transfer of data outside your territory
You grant us permission to store and process your personal information at locations outside your territory.
We may make use of "cookies", i.e., data or text files sent by a web server that are stored on your computer and used to enhance your experience of using the Service.
Deleting your Videos
You may delete Videos you previously uploaded to the Service. Removing or uninstalling the App from Facebook or your mobile devices, will not cause your previously posted Videos to be removed from the Service.
We retain your personal information for as long as we deem necessary for our business needs, and delete this information from our systems, without notice to you, once we deem it is no longer necessary for our business needs. Removing or uninstalling the App from Facebook or your mobile devices, will not delete your information from our servers.
We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information, but they do not provide absolute information security.
We may change this Policy by providing you a notice of such changes, on our website or otherwise through the Service, beforehand.
You may contact us via email firstname.lastname@example.org.
Personal information that you provide
When you register with the Service through your Facebook account, you are allowing us access to your basic profile information, such as your name, age, email address, location and your Facebook friends. We can only access the information that Facebook makes available to us, according to your privacy settings on Facebook.
Bear in mind that false, incorrect, or outdated information may prevent you from registering and impair LiveLens' ability to provide you with Service and contact you.
Among its exciting features, the Service interacts with your Facebook friends' "Likes", "Shares" and comments which are related to Videos on the Service. It may let you know which of your Facebook friends have viewed or commented on Videos you uploaded. Likewise, your Facebook friends will be presented with similar information related to Videos you have watched.
When you engage in certain activities on our Service, such as submitting a customer-service request, you may be asked to provide additional personal details depending on the activity or request.
When you upload your Videos to the Service, they will be displayed to Facebook users and users of the Service. You choose, from your contact list or address book, with whom to share your Videos. Your Videos are therefore not considered private or confidential and you should not have any expectation of privacy with respect to them.
BECAUSE THE VIDEOS YOU UPLOAD MAY HAVE TO DO WITH THE PRIVACY RIGHTS OF OTHERS, YOU MUST LAWFULLY OBTAIN THE CONSENT OF ALL INDIVIDUALS, AND THE PARENTS OR LEGAL GUARDIANS OF ALL MINORS, DEPICTED OR SHOWN IN YOUR VIDEOS, TO FILM THEM AND POST THE VIDEO ON THE SERVICE.
IN ANY CASE, USE CAUTION AND COMMON SENSE WHEN YOU UPLOAD VIDEOS CONTAINING OR DEPICTING PERSONAL INFORMATION OF YOURSELF OR OTHER INDIVIDUALS. YOU ARE SOLELY RESPONSIBLE FOR ANY VIDEOS THAT YOU UPLOAD.
Other personal Information that we collect
We collect additional data related to your use of the Service, including information about your geographical location as you shoot Videos, the frequency of your use of the Service, the interactions you have made with the Service's interface, and Videos that you viewed when using the Service.
We may collect data from your computer or mobile device, such as the operating system version, the browser you use, its version and language (i.e. locale) preferences, and the IP address you use to access the Service.
If you wish to view fee-based Videos, we will collect your payment through a third party (Apple App Store or Google Play) billing process, such as the In-App purchase or in-app billing mechanism. In some instances, we may require additional billing information, in order to provide you with your share of the revenues, if and when you are eligible. When we process your inquiries or requests, we may also require additional personal information from you, to verify your account and identity.
We do not knowingly or intentionally collect personal information about children who are under 13 years of age.
Use of collected information
We may use your personal information for the following purposes:
• To provide you with the Service, its features and functionalities;
• To send you email updates and announcements, and conduct surveys related to the Service;
• To improve and customize the experience of using the Service and develop new services;
• To provide you with support, handle complaints and contact you when we believe it to be necessary;
• To manage the administrative and operational aspects of the Service;
• To enforce the Terms and this Policy and prevent misuse of the Service;
• To comply with any applicable law and assist law enforcement agencies and competent authorities, when we have a good faith belief that our cooperation with them meets the applicable legal standards; and
• To take any action in any case of dispute involving you, with respect or in relation to the Service.
Sharing collected information
We may share personally identifiable information with others in any of the following instances, or subject to your explicit consent:
• We will share your Videos with all other users or the selected users you chose â€“ as per your choice;
• To operate, maintain and enhance the Service;
• If you have breached the Terms, abused your rights to use the Service, or violated any applicable law. Your information may be shared with competent authorities and with any third party, as may be required;
• If we reasonably believe that we are required by law to share or disclose your information;
• In any case of dispute, or legal proceeding of any kind involving you with respect to the Service;
• If the operation of the Service is organized within a different framework, or through another legal structure or entity (such as due to a merger or acquisition), provided that those entities agree to be bound by the provisions of this Policy, with reasonably necessary changes taken into consideration; and
• Personally identifiable information may be shared with our subsidiaries, sister-companies and parent companies, but their use of such information must comply with the Policy.
In any case other than the above, your personally identifiable information will be shared with others only if you provide your explicit prior consent.
Aggregated or anonymized information
We may use de-identified, statistical or aggregated information, including information that we process according to this policy, to properly operate the Service, to develop and improve the quality and functionality of the Service, to enhance your experience, to create new services, including customized services, to change or cancel existing features and for other research, development and statistical purposes. We may share, publish, post, disseminate, transmit or otherwise communicate or make available such information to suppliers, business partners, sponsors, developers, affiliates and any other third party, at our sole discretion, provided however, that We will not knowingly, or intentionally share information that can be reasonably used to reveal your identity without your consent.
Transfer of data outside your territory
The Service, by its nature as an online service, may store and process information and Vidoes (including through Cloud Services) in Europe, the United States and in other various locations throughout the globe. If you are a resident in a jurisdiction where transfer of your personal information to another jurisdiction requires your consent, then you provide your express and unambiguous consent to such transfer.
We may make use of "cookies", i.e., data or text files sent by a web server that are stored on your computer, which contain information that can later be read by a web server in the domain that issued the cookie to you. Cookies are widely used on the Internet and the information contained in cookies will enhance your experience on the Service.
Your Internet browser may be set to refuse to accept cookies. This may affect the functionality of the Service. Cookies can be erased from your computer and your computer may be able to block cookies or transmit a warning before a cookie is stored. The "Help" feature on your Internet browser should have information regarding these functions.
Deleting your Videos
At any time, you may delete Videos you previously uploaded to the Service, by following the instructions on the Service. Be advised that removing or uninstalling the App from Facebook or your mobile devices, will not cause your previously posted Videos to be removed from the Service.
We retain your personal information for as long as we deem necessary for our business needs. We may delete this information from our systems, without notice to you, once we deem it is no longer necessary for our business needs. In any case, we may keep any de-identified or anonymous information for statistical, development, marketing and other purposes, indefinitely.
Be advised that removing or uninstalling the App from Facebook or your mobile devices, will not cause your personal information to be deleted from the Service.
We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information. However, these measures are unable to provide absolute information security. Therefore, although efforts are made to secure your personal information, it is not guaranteed and you cannot reasonably expect that the Service and its related databases will be immune from any wrongdoings, malfunctions, unauthorized interceptions or access, or other kinds of abuse and misuse.
We may change this Policy from time to time. Substantial changes will take effect 30 days after we provide you a notice of such changes, on our website or otherwise through the Service. Other changes will take effect 7 days after we provide notice. However, if the Policy is amended to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required. The most up-to-date Policy is accessible on our website, at livelens.com.
Your continued use of the Service after the changes take effect will indicate your acceptance of the amended Policy. If you do not agree with the amended Policy, you must uninstall the Service and avoid any further use of it.
You may send requests, responses, questions and complaints via email email@example.com.
Last updated: March 17, 2014.
Welcome to LiveLens, a social, mobile and streaming service (the "Service") that lets you share live videos with your friends that you shoot and stream with your mobile device ("Videos"), and view both live and stored Videos that other users have created. Our designated applications for mobile devices, as well as our Facebook application constitute an integral component of our Service.
LiveLens Ltd. ("we", "us" and "our") respects the intellectual property, privacy and publicity rights of others and requests its users to do the same.
Alleged infringement notice
If you believe that certain content, which appears on or through the Service, infringes upon rights that you own or represent, such as copyrights, privacy rights or publicity rights, you may send our designated agent ("Agent") a written notification, stating the location of the work claimed to be infringing. Upon your notification and subject to copyright, privacy, publicity and other pertinent laws, we may remove or disable access to any such content.
To be effective, your notification of claimed infringement must be a written communication provided to our Agent that includes substantially the following:
(1) A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;
(2) Identification of the work and the pertinent exclusive legal right claimed to be infringed, or if multiple works or legal rights are covered by a single notification, a representative list of such elements;
(3) Identification of the material that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including the exact URL (Internet address) of the web page in which you discovered the work claimed to be infringed;
(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(5) A statement that you have a good faith belief that the use of the material, in the manner complained of, is not authorized by the owner of the pertinent legal right (such as copyright, publicity rights or privacy rights), its agent, or the law;
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the pertinent exclusive legal right (such as copyright, publicity rights or privacy rights) that is allegedly infringed.
After receiving your communication, we may ask you to provide further or supplemental information, prior to removing any content which was displayed through the Service, as we deem necessary to comply with the law. We may also provide our registered user, who uploaded the allegedly infringing content, with your contact details, in order for that person to be able to contact you and challenge your claim.
You may submit a counter notification to our Agent. To be effective, your counter notification must be a written communication provided to Our Agent that includes substantially the following:
(1) Your physical or electronic signature;
(2) Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;
(3) A statement, under penalty of perjury, that you have a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;
(4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the competent courts in any judicial district in which your address is located or in which you may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
After receipt of a counter notification, we will promptly provide the person who submitted the claimed infringement notification, with a copy of the counter notification, and we will inform that person that we will replace the removed material, or cease disabling access to that material within 10 business days.
We will then replace the removed material and cease disabling access to it within 10 to 14 business days following receipt of the counter notice, unless Our Agent first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain the registered user from engaging in infringing activity relating to the material on the Service.
We may deny or cancel any instance of your use of the Service, or terminate your user account altogether, if we determine, at our sole discretion, that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once or a user whose uploaded material was removed from the Service more than once.
We may decide, at our sole discretion, that a sufficient reason exists for the immediate termination of your account for any reason, at any time. In these cases we may terminate your account immediately.
Any person who knowingly materially misrepresents: (1) that material is infringing, or (2) that material was removed or disabled by mistake or misidentification, may be liable for any damages, including costs and attorneys' fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.