By accessing or using the LiveRing application, the LiveRing website, or any service made available by LiveRing (all together referred to as the “Service”) or by accessing or using any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”), you accept the following terms of service (the “Agreement” or the “Terms”).
The Service is made available by LiveRing Oy, a company registered in Finland (business ID 2634098-6) with registered address at Mannerheimintie 15 A 4th floor, 00260 Helsinki, Finland (“LiveRing”). These Terms constitute a binding agreement between you and LiveRing.
1 BASIC TERMS
1. You accept the responsibility for your use of the Service, for any Content you post to the Service, and for any consequences thereof.
2. The Content you submit, post, or display will be viewable for other users of the Service and through third party services and websites.
3. You should only provide Content that you are comfortable sharing with others under these Terms.
4. You must be at least 13 years old to use the Service.
5. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you hereby warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
6. You are not allowed to post or display violent, nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content of any form via the Service.
7. You are responsible for keeping any possible passwords secret and secure.
8. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including but not limited to your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
9. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content (defined above), including but not limited to, copyright laws.
10. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any LiveRing users.
11. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any LiveRing page is rendered or displayed in a user’s browser or device.
15. The Service is free. However, there might be some costs in relation to the transfer of data with your mobile operator, or other costs related to third parties. LiveRing assumes no responsibility of these costs.
2 GENERAL CONDITIONS
1. The Services that LiveRing provides will evolve and the form and nature of the Services that LiveRing provides may change from time to time without prior notice to you. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your LiveRing account by sending us an email to developer(at)livering.com. Please allow us up to 30 days to process your request.
2. If we terminate your access to the Service or you send an email to us to completely deactivate your account, your pictures and videos, comments, likes, friendships, and all other data will no longer be accessible through your account. Materials that you have submitted and data may persist and appear within the Service or other third party services if you have shared to such (e.g., if your Content has been created together with other users or re-shared by others).
5. We reserve the right to force forfeiture of any username for any reason.
6. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that LiveRing is not responsible or liable for the conduct of any user. LiveRing reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Apply common sense and your best judgment when interacting with others, including when you create Content together, submit, display or post Content or any personal or other information.
7. You acknowledge that other users can access Content that you create and you are aware that they are able to repost your content to third party applications and services. Repostable or shareable content is limited to still images or recorded video material. LiveRing does not provide support for, and the service does not authorize you to provide reposting, sharing or giving access to live video streaming content (moments) to third parties or individuals that were not explicitly invited to share this content by the originator(s).
8. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Service and we cannot take responsibility for such Content. We do not monitor content that is in the form of live video, this is private information shared between LiveRing users. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk.
9. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will LiveRing be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
10. There may be links from the Service, or from communications you receive from the Service, to third-party websites, applications or features. There may also be links to third-party websites or features in images, videos or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party website or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. LiveRing does not control any of these third-party web services and applications or any of their content. You acknowledge and agree that LiveRing is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the service are solely between you and the third party. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service. You may not use third party applications and services that modify LiveRing content or its service, so that the intended use will be altered.
11. You agree that you are responsible for all data charges you incur through use of the Service.
12. We prohibit crawling, scraping, caching or otherwise accessing any Content on the Service via automated means, including but not limited to, user profiles and live videos (except as may be the result of standard search engine protocols or technologies used by a search engine with LiveRing’s express consent).
3. You accept that the initiator of a jointly created Content controls the privacy and the invited users to the access of the Content. You also accept that any participator in jointly created Content can repost and share content such as still images or recordings of the Content, either through the LiveRing service, or at the users’ discretion other third party applications for capturing Content (eg. mobile phones support screenshots that will capture Content that is being shared on or through the LiveRing service).
4. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. For example, if you choose to share a still image through your connected Twitter account, we will adapt your Content so that it can be attached to a Tweet in a Twitter card.
5. The Service contains Content owned or licensed by LiveRing (“LiveRing Content”). LiveRing Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and LiveRing, LiveRing owns and retains all rights in the LiveRing Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LiveRing Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the LiveRing Content.
6. The LiveRing name and logo are trademarks of LiveRing Oy, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LiveRing, In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of LiveRing, and may not be copied, imitated or used, in whole or in part, without prior written permission from LiveRing Oy.
7. It is LiveRing’s intention for the Service to be available as much as possible. However, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
8. LiveRing reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by LiveRing, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. LiveRing will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
3. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your LiveRing account, which you may not be able to opt-out from receiving.
5 YOUR LICENSE TO USE THE SERVICE
LiveRing gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by LiveRing as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by LiveRing, in the manner permitted by these Terms.
6 COPYRIGHT POLICY
1. LiveRing respects the intellectual property rights of others and expects the same from the users of the Service. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
2. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us at developer(at)LiveRing.com with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
3. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, LiveRing will also terminate a user’s account if the user is determined to be a repeat infringer.
7 ENDING THE TERM
The Terms will continue to apply until terminated by either you or LiveRing as follows. You may end your legal agreement with LiveRing at any time for any reason by deactivating your accounts and discontinuing your use of the Services In order to deactivate your account, please send us an email at developer(at)LiveRing.com.
8 NO WARRANTY
1. The service is provided "as is" and “as available” and to the maximum extent permitted by applicable law LiveRing makes no warranty or representation, express or implied with respect to the service, and disclaims all responsibility and liability for its quality, performance, accuracy, availability, merchantability, security, reliability, or fitness for a particular purpose and non-infringement. Moreover, you agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content and other communications maintained in the service. We make no warranty that the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the service or our representatives, will create any warranty not expressly made herein.
2. Depending on your country of domicile, this section may not apply to you. This section does not limit LiveRing’s statutory liability for defects in the service or delays in delivering the service or your statutory remedies for such defects or delays under any applicable mandatory consumer protection laws.
9 LIMITATION OF LIABILITY
1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIVERING OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER OR NOT LIVERING KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
2. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT LIVERING HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
3. DEPENDING ON YOUR COUNTRY OF DOMICILE, THIS SECTION MAY NOT APPLY TO YOU. THIS SECTION DOES NOT LIMIT YOUR STATUTORY RIGHTS AS A CONSUMER TO CLAIM DAMAGES FOR DEFECTS IN THE SERVICE OR DELAYS IN DELIVERING THE SERVICE UNDER ANY APPLICABLE MANDATORY CONSUMER PROTECTION LAWS.
10 WAIVER AND SEVERABILITY
The failure of LiveRing to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
11 GOVERNING LAW
1. This Agreement shall be governed by and construed in accordance with the laws of Finland, without regard to or application of its conflict of law provisions or your state or country of residence.
2. For any dispute, arising between you and LiveRing, we recommend you reach us first at developer(at)LiveRing.com. Otherwise, all disputes arising out of or in connection with this Agreement shall be finally and exclusively settled by a court located in Helsinki, Finland.
12 ENTIRE AGREEMENT
2. This Service is operated and provided by
Mannerheimintie 15 A 4th floor
LAST UPDATED 20.3.2015
The data controller is LiveRing Oy, Mannerheimintie 15 A 4th floor, 00260 Helsinki, Finland.
LiveRing receives your information through our mobile application, website, email notifications, and other interactions with our Services (“Service”).
II. The Data We Collect
The personal data is primarily collected from you as information voluntarily provided to us, but also from external sources or through automated means. In this Section II we describe in detail the personal data we collect.
(i) Data You Provide to the Service
When creating a LiveRing Account you must provide access credentials: in the form of your personal phone number, or alternatively if LiveRing chooses to maintain other forms such as in the form of an email address and password or by authentication using other services i.e. Twitter or Facebook. You may optionally provide us with additional profile information, including a short bio and profile picture. If you create your LiveRing account by connecting through another service, we may use public information from that connected account to help complete your LiveRing profile for example by fetching your profile picture. You may update or modify your profile information and contact information at any time. Profile information is available publicly on our Service, such as on your profile page.
When you use or register for our Service or otherwise interact with us, we may collect the following information from our users (“Users”, “you”) that may, in certain circumstances, constitute personal data:
· E-mail address;
· Phone number;
· Your personal device’s phone numbers
· Business ID or personal identity number;
· Billing and payment information;
· Product and order information;
· Client contacts and feedback;
· Information concerning the use of the Service;
· Information necessary for communications;
· Permits and consents; and
· Other data obtained under the User’s consent
(ii) Data Collected from Other Sources
We may also collect personal data, where lawful to do so, from public sources and third party service providers.
(iii) Data Collected Automatically
Certain technical information may be collected automatically as a standard part of your use of the Service and this information may in certain circumstances constitute personal data.
Automatically collected data may include:
· LiveRing is a platform for creating and sharing live video content with other Users, so most of the Content you provide is viewable to other Users that you are connected to, and that you explicitly interact with in live video. LiveRing may also share Content that you create as public information (outside of private Content). This includes not only the Content that you create or co-create and data provided with such Content, such as when it was posted, but also the accounts you follow, the Content that you like or comment on, and other public interactions on the Service. Your information that you make public is broadly and instantly disseminated. For instance, your profile information and public Content are immediately delivered to a wide range of users and other services that access LiveRing. When you share information or Content via the Service, you should think carefully about what you are making public. The User starting the creation of Content, and the Users joining in the co-creation of Content, has the power to decide whether recordings such as still images or video recordings are made public or private.
· LiveRing may periodically access your contact list and/or address book on your mobile device to for the purpose of finding and keeping track of mobile phone numbers of other users of the Service so that we can connect you in a meaningful way. When providing your mobile phone number, you must give accurate and complete information. You hereby give your consent to LiveRing to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service, LiveRing may periodically collect and save this information on its’ servers in order to provide the Service. We do not collect names, addresses or email addresses, only mobile phone numbers. We do not resell phone numbers or provide them to third parties for explicit marketing purposes. You must notify LiveRing immediately of any breach of security or unauthorized use of your mobile phone. LiveRing will not be liable for your losses caused by any unauthorized use of your account.
· Our servers automatically record information (“Log Data“). The logging technology used in the Service automatically collects the URL of the site from which you came and the site to which you are going when you leave the Service. We also collect the Internet protocol (IP) address of the device you use to access the Service, information about the operating system of your device, as well as the name of your Internet service provider, browser type, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive Log Data when you interact with our Service, for example, when you visit our website, sign into our Service, view videos hosted by LiveRing, or interact with our email notifications. LiveRing uses Log Data to provide our Services and to measure, customize, and improve them. We will either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, within or after 18 months.
· We collect statistics on user tags for the purpose of analyzing and improving our service. We do not save tag information separately in databases, and tag information is anonymous in our analytics tools. We use information about tags to better understand our users, for example we can have a look at top trending tags in a certain country to better understand use cases and needs.
· Cookies are text files that are saved on the hard drive of your device by means of your browser, enabling us to recognize your browser. LiveRing may use both session cookies and persistent cookies to better understand how you interact with our Service, to monitor aggregate usage by our users and web traffic routing on our Service, and to customize and improve our Service. We may place a cookie on the hard drive of the device that you use to access the Service. Most of the currently available browsers give you the option of managing cookies by, for example, disabling them entirely, accepting them individually, and deleting saved cookies from your hard drive. We do not require cookies for many parts of our Service such as viewing public videos, but we would like to remind you that if you completely disable cookies on your browser, you might not be able to use some features of the Service.
· Third parties (such as advertisers and advertising platforms may collect anonymous viewing data of LiveRing User’s viewing and/or interacting with advertising through the Service. Third party advertisers and advertisement platforms may collect cookies on and via other third party internet services, as well as the LiveRing Service, in order to provide more relevant advertisement content for Users.
· We may keep track of how you interact with links across our Service, including our advertisers, advertising platforms, notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Service, for example to provide relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Moreover, details of transactions you carry out through the Service, and details of your visits to the Service including, but not limited to, traffic data and other communication data may also be collected.
III. The Purposes for Which We Use the Data
We use the collected data described in Section II for the following purposes:
· To manage and develop the client relationship;
· to protect our rights and/or our property;
· to help you efficiently access your information after you sign in;
· to remember information in order to auto-fill fields;
· to provide, improve, test, and monitor the effectiveness of our Service;
· to develop and test new products and features;
· to monitor metrics such as total number of visitors, traffic, and demographic patterns;
· to diagnose or fix technical problems
· to automatically update the LiveRing application on your device; and
· to provide more relevant advertisement contens;
· additionally LiveRing or other Users may run contests or other events or activities (“Events”) on the Service. If you do not want to participate in an Event, do not join or use the particular Metadata (i.e. hashtag) associated with that Event.
IV. How We Disclose Data
We may share or disclose your information at your direction, such as when you choose to publicly post an image or video or update your profile information.
We do not sell, lease, rent or otherwise disclose the personal data relating to our Users to third parties unless otherwise stated below.
The personal data collected in the Service may be disclosed to the following categories of third parties:
· to service providers, such as payment processors, which enable us to provide the Service to you;
· to public authorities, such as law enforcement, if we are legally required to so or if we need to protect our rights or the rights of third parties;
Moreover we may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, public posts, the people you follow or that follow you, or the number of users who clicked on a particular link.
V. Your Rights
You have the following rights with respect to the personal data we hold about you:
· The right to know what data we hold about you. If you would like to know what personal data we hold about you, you can approach us with a written request using the address below. We seek to swiftly respond to your inquiry. We may charge a small processing fee if less than twelve (12) months has passed since your last inquiry relating to personal data we hold about you.
· The right to have incomplete, incorrect, outdated, or unnecessary personal data corrected, deleted, or updated. The easiest way to correct, delete, or update the personal data you have provided to the Service is to log in to the Service and enter the necessary changes there. If you have additional questions regarding the correction, deletion, or updating of the personal data we hold about you, please contact us using the address below.
· The right to opt out of receiving electronic direct marketing communications from us. All electronic direct marketing communications that you may receive from us, such as e-mail messages and SMS-messages, give you an option of not receiving such communications from us in the future. If you have any additional questions about electronic direct marketing received from us, please contact us at using the address below.
VII. Data Security
We take reasonable measures to protect personal data about you from unauthorized access or against loss, misuse or alteration by third parties. Despite these efforts to store personal data collected in and through the Service in a secure operating environment that is not available to the public, we cannot fully guarantee the security of personal data during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of personal data, we cannot guarantee that our security measures will prevent third-parties such as so-called hackers from illegally obtaining access to personal data. We do not warrant or represent that personal data about you will be protected against, loss, misuse, or alteration by third parties.
VIII. Transfers of Personal Data outside European Union or European Economic Area, or your country of domicile
It may be necessary to transfer your information internationally to recipients located outside the European Union, or your particular domicile, either within LiveRing or to third party service providers. Please be assured that we take all reasonable steps to ensure that your privacy is protected and that the transfer of personal data to a foreign country fulfills the special requirements as specified in the Personal Data Act.
IX. Children’s Privacy
The Service is not intended for users younger than thirteen (13) years of age. We do not intend to collect any personal data from children under thirteen (13) years of age.
If we become aware that a child under 13 has provided us with personal information, we take necessary steps to remove such information and terminate the child’s account.
XI. Questions or Concerns?