This site and related services are provided subject to your compliance with the terms and conditions set forth below. Please read the following information carefully. By clicking “I agree” at the bottom of this screen, you indicate your agreement to be bound by the terms and conditions set forth below. If you do not agree to be bound by these terms and conditions, exit this screen by clicking “exit” below and you must not access or use the website.
Welcome to livelii.io. This web site (livelii.io, or any replacement site, the “Website”) is operated by 2617218 Ontario Inc. c.o.b. as “Livelii” (“Livelii”, “us”, or “we”). The services offered by us include the Website and any other features, content, or applications offered at any time and from time to time by us in connection with the Website (collectively, the “Services”).
This website terms and conditions of use (“Terms”) is a legally binding agreement between each user (including any registered user, trial user, visitor, or purchaser of any Livelii service) (“You” and “Your”) and Livelii. By accessing the site or using the site or services, you agree that you understand the terms, and that you consent to be bound by all of its terms and conditions, including those that may be made available by hyperlink. These terms set forth your rights and obligations with respect to your use of and access to the site and any service provided by us. As used herein, “Services” includes use of any version of any services provided by or through us. If you do not agree to the terms, you should not use the site or services.
Changes to Terms.
We may revise these Terms at any time and from time to time, and by your continued use of the Website you agree to be bound by future revisions. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of the Website to review the most current version of the Terms. We expressly reserve the right to make any changes to these Terms, or to the Website and its content, at any time and from time to time, without prior notice to you.
Use of the Website or Services is void where prohibited. The Website is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Website by anyone under eighteen (18) is unauthorized, unlicensed and in violation of these Terms. By using the Services or the Website, you represent and warrant that you are eighteen (18) years of age or older.
Registration Data; Account Security.
In consideration of your use of the Website or registration for any Services which require you to open an account, you agree to:
provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”);
maintain the security of your password and identification;
not provide any other person to access to this Website or portions of it using your Registration Data;
maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and
be fully responsible for all use of your account and for any actions that take place using your account.
You agree to notify us immediately of any unauthorized access to or use of your Registration Data or other breach of security that you become aware of. We recommend that you exit from your account at the end of each session and failure to do so is at your own risk. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other information accessible through your account.
Livelii and its affiliates will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Livelii or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
We have the right to disable any user name, password, or other identifier if, in our opinion, you have violated any provision of these Terms.
livelii.io and other graphics, logos, designs, page headers, button icons, scripts and service names of Livelii and our affiliates are registered trademarks, trademarks or trade dress of Livelii in Canada and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Restrictions on Use; License Grant.
The contents of the Website, including the text, images, audio and video (collectively, the “Website Content”), are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and the property of us and/or our subsidiaries, affiliates, vendors and licensors.
The Website Content may not be distributed, modified, reproduced, publicly performed, publicly displayed, republished, downloaded, stored, or used, in whole or in part, without our prior written consent, except that you may download content from the Website to any single computer for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Website) use only, provided, however, that you keep intact all copyright, trademark and all other proprietary notices and comply with any applicable end user license agreements.
For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is strictly prohibited. You may not modify copies of any Website Content from the Website or use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
We hereby grant you a nonexclusive, non-transferable, limited license to access and use the Website and the Shared Content (as defined below) solely for your personal, non-commercial (except with regard to your use of inherent functionality provided through the Website) use.
As a condition of your use of the Website, you warrant to us that you will not use the Website:
for any purpose that is unlawful or prohibited by these Terms;
for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
to send, knowingly receive, upload, download, use, or reuse any Shared Content that violates these Terms;
to transmit, or procure the sending of, any “junk mail,” “chain letter,” or “spam”;
to impersonate, or attempt to impersonate, Livelii, an Livelii employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
to engage in any other conduct that restricts or inhibits anyone’s use of the Website or which, as determined by us, may harm Livelii or users of the Website or expose them to liability.
If you breach any of these Terms, your authorization to access or use the Website shall automatically and immediately terminate and you must immediately destroy any downloaded or printed materials.
Additionally, you agree to not:
use automated devices, processes, or means (e.g., robots, spiders, etc.) to access the Website;
collect personally identifiable information of other users of the Website or to sell or otherwise exploit that information;
use any device, software, or routine that interferes with the proper working of the Website;
introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website operates from, or any server, computer, or database connected to the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
use the Services or the Website in any manner that could damage, disable, overburden, or impair the Website; or
otherwise attempt to interfere with the proper working of the Website.
Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by us and/or our vendors and licensors. No right, title, or interest in or to the Website or the Website Content is transferred to you. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Third-Party Websites and Content.
The Website may contain (or you may be sent through the Website or the Service) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third-parties (the “Third Party Applications, Software, or Content”). Such Third-Party Websites and Third-Party Applications, Software and Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for and disclaim any liability arising from any Third-Party Websites accessed through the Website or any Third-Party Applications, Software, or Content posted on, available through or installed from the Website, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Website or any Third-Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.
You are solely responsible for the text, images, video, audio, links, messages, notes, profiles, listings, or other content that you upload, publish, or display (hereinafter, “post”) on or through the Services or the Website, or transmit to or share with other users (collectively, “Shared Content”). By posting any Shared Content, you:
(a) grant us and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Shared Content throughout the world in any media, now known or hereafter devised;
(b) grant us and our affiliates and sub-licensees the right to use the name that you submit in connection with such Shared Content; and
(c) grant the other users of the Website a non-exclusive license to reproduce, transmit, display, disclose, perform and otherwise use Shared Content posted by you through the functionality of the Website.
Shared Content will be considered non-confidential and we are under no obligation to treat such Shared Content as proprietary information. Without limiting the foregoing, we reserve the right to take any action with respect to the Shared Content, or any portion thereof, as deemed appropriate, including, without limitation, deleting, editing, modifying, rejecting, refusing to post it, disclose your identity or other information about you to any third party who claims that Shared Content posted by you violates their rights, including intellectual property rights or their rights to privacy, take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, terminate or suspect your access to all or part of the Website for any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting Shared Content on or through the Website. You waive and hold harmless Livelii and its affiliates, licensees, service providers, and users from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.
Furthermore, by uploading or submitting material or content to the Website, you represent and warrant that:
(a) Livelii, our affiliates, customers and our licensees, shall not be required to make any payments with respect to the Shared Content, including, but not limited to, payments to you or any third-parties;
(b) you have all right, title and interest necessary to post the Shared Content to the Website and grant the rights provided above; you have full right and power to enter into and perform under these Terms; and you have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms;
(d) you will not post any Shared Content that promotes sexually explicit or pornographic material, violence, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
(e) you will not post any Shared Content that is harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable or violates any law, regulation, or rule;
(f) you will not post any Shared Content that is likely to deceive any person;
(g) you will not post any Shared Content that promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
(h) you will not post any Shared Content that causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
(i) you will not post any Shared Content that impersonates any person, or misrepresents your identity or affiliation with any person or organization; and
(j) you will not post any Shared Content that gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case.
If you post Shared Content in violation of the warranties above, you acknowledge and agree that we, in our sole and exclusive discretion, may disable your uploading or posting privileges and/or terminate your account. Notwithstanding, you shall remain responsible for all such Shared Content and you acknowledge and agree that you shall indemnify and hold us harmless from any and all damages and losses resulting from your posting of Shared Content. We retain the right to remove, in our sole discretion, without notice, Shared Content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate. However, we do not undertake to review all Shared Content before it is posted on the Website, and cannot ensure the prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or non-performance of the activities described in this section.
Please contact for notification of potential copyright infringement regarding the Website:
If you believe any Service or Shared Content available through the Website infringes a copyright, please provide the following information to the person identified above:
(a) A physical or electronic signature of the copyright owner or authorized agent;
(b) Identification of the copyrighted work(s) claimed to have been infringed;
(c) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
(e) A statement that the copyright owner or its authorized agent has 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
(f) A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy.
We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Livelii is based in Canada. We make no claims that the Website or any of its content are not blocked by the government or other authority in any country or your use of it is permitted in any particular location. You are solely responsible to ensure that your access and use of the Website and its content is lawful in your jurisdiction.
In addition to any other rights Livelii may have at law or in equity, you shall indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, and our clients harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Services or the Website, your conduct in connection with the Services or the Website or with other users of the Services or the Website, or any violation of these Terms or of any law or the rights of any third-party.
You further agree to indemnify, defend and hold us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, and our clients harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of any bodily injuries to or the death of your employees or subcontractors however caused or occasioned.
You are solely responsible for your interactions with other Website users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
We are not responsible or liable in any manner for any Shared Content, any user content, or Third-Party Applications, Software, or Content posted on the Website or in connection with the Service, whether posted or caused by you or other users of the Website, by us, by third-parties, or by any of the equipment or programming associated with or utilized in the Website or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Website or in connection with any Shared Content, user content, or Third-Party Applications, Software, or Content. We are not responsible for the conduct, whether online or offline, of any user of the Website or Service.
The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including, but not limited to, injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will we be responsible for any loss or damage, including, but not limited to, any loss or damage to any Shared Content, any other user content, or personal injury or death, resulting from anyone’s use of the Website or the Service, any Shared Content, any other user content, or Third-Party Applications, Software, or Content posted on or through the Website or the Service or transmitted to users, or any interactions between users of the Website, whether online or offline.
THE SITE, INCLUDING ANY SHARED CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED “AS IS”, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SERVICES AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
Limitation of Liability.
Livelii AND OUR AFFILIATES, VENDORS, LICENSORS AND OTHER THIRD-PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SERVICES, SHARED CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to $100.
Any dispute shall be submitted to binding arbitration which shall be the exclusive means for resolving any such disputes. THE PARTIES EACH AGREE THAT, EXCEPT AS MAY OTHERWISE BE SET FORTH HEREIN, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING TO OR ARISING OUT OF Livelii OR THIS AGREEMENT, SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark, or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Such arbitration shall be held in Toronto, Ontario. By signing this Agreement, the Parties further agree that any arbitration shall be conducted and resolved before a sole arbitrator selected in accordance with the Simplified Rules of the ADR Institute of Canada, Inc. The Parties agree that the arbitration shall proceed under the Simplified Rules of the ADR Institute of Canada, Inc., with the Parties first attempting to select the arbitrator from a panel of arbitrator names provided by the ADR Institute of Canada, Inc., and if that is not successful, then the ADR Institute of Canada, Inc. will follow the Simplified Rules for the arbitrator’s selection. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY AND IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY and agree that if the foregoing binding arbitration provision is determined for any reason to be unenforceable or inapplicable to a particular dispute, then such dispute shall be decided solely by a judge, without the use of a jury, sitting in a court of competent jurisdiction. Nothing in this Agreement will prevent us from applying for injunctive relief in any court of competent jurisdiction.
Accuracy and Integrity of Information.
Although we attempt to ensure the integrity and accurateness of the Website, we make no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include typographical errors, inaccuracies, and other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third-parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Website may be changed or updated without notice. We do not guarantee the integrity or accurateness of any content uploaded to the site by any user or by any other third-party, including, but not limited to, the Shared Content, and we shall not be responsible for any content uploaded to the site by any user, or by any other third-party, including, but not limited to, the Shared Content.
Links or Pointers to Other Websites.
We make no representations whatsoever about any other website that you may access through the Website. When you access a non-Livelii site, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a hyperlink to a non-Livelii website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the third-party sites linked to the Website, you do this entirely at your own risk.
Links to the Website.
Without our express, prior and written permission, it is expressly prohibited to: (a) “frame” the Website or any Shared Content or otherwise cause the Website or any Shared Content to appear in a window with any other material that does not constitute Shared Content; (b) cause the hyperlink to the Website, or the Website, or any Shared Content, to be displayed in any way that is disparaging to us or any entity that is affiliated or associated with us; or (c) otherwise imply or state that any type of relationship or special arrangements exist with us and any other entity.
Choice of Law; Venue.
The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the Province of Ontario, Canada, as if performed wholly within the province and without giving effect to the principles of conflicts of law,
We may terminate your account, delete your profile and any content or information that you have posted on the Website, or prohibit you from using or accessing the Service or the Website (or any portion, aspect, or feature of the Service or the Website) for any reason, or no reason, at any time in our sole discretion, with or without notice, including, without limitation, if we believe that you are under 18.
Except as explicitly stated otherwise, legal notices must be served on Livelii via e-mail to email@example.com. We may give you legal notice by mail or e-mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
In our sole discretion, we may assign these Terms. Headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
The following Sections survive any termination of this Agreement: Acceptance, Eligibility, Disclaimer, Indemnity, Limitation of Liability, Arbitration, Choice of Law; Venue, Entire Agreement and Miscellaneous.
You may report complaints or post comments by emailing firstname.lastname@example.org.
Except as provided below, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof. In our sole discretion, we may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Website.
Effective: May 25, 2018