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TERMS OF USE FOR SUBSCRIPTION OF THE LIVEARENA® PREMIUM SERVICES

PLEASE READ THESE TERMS OF USE CAREFFULLY. THESE TERMS OF USE AND LIVEARENA’S PRIVACY POLICY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND [LIVEARENA AB] IN RELATION TO YOUR ACCESS TO AND USE OF THIS SITE AND THE LIVEARENA PREMIUM SERVICES.

  1. INTRODUCTION

    These terms of use (the “Terms of Use”) and LiveArena’s privacy policy (the “Privacy Policy”), incorporated herein by reference, apply to your access to and use of this website, accessible at www.livearena.com (the “Site”), where individuals worldwide (“Viewers”) can watch live video published by Publishers (as defined in clause 4) in accordance with the terms and conditions for Publishers, and the LiveArena Premium Services (as defined in Section 2).

    The Site and the LiveArena Premium Services are operated by [LiveArena AB], registration number 556747-5172, Box 5207, 102 45 Stockholm, Sweden, e-mail: info@livearena.com (hereinafter referred to as “LiveArena”).

  2. LIVEARENA PREMIUM SERVICES

    LiveArena provides additional areas or features of the Site subject to payment (the “LiveArena Premium Services"). Information about the subscription types, prices and payment methods for the various LiveArena Premium Services is available on the Site.

    Since the LiveArena Premium Services are based inter alia on Publisher Content (as defined in Section 10) you are aware that the content and scope of the LiveArena Premium Services changes from time to time. Current information about the LiveArena Premium Services is available on the Site.

  3. VIEWER ACCOUNT

    In order to gain access to the LiveArena Premium Services, you must register and create a Viewer Account on the Site (“Viewer Account"). As a Viewer, you are responsible for that the information provided upon registration or otherwise in your communication with LiveArena is true and accurate.

    Your Viewer Account is strictly for your own personal use only and may not be shared with others. It is your responsibility to protect and ascertain that nobody gains access to your login details or Viewer Account. You are aware that a breach of this provision is considered a material breach which in accordance with Section 18 gives LiveArena the right to terminate your subscription.

  4. ACCEPTANCE OF TERMS

    By registering on the Site and subscribing to the LiveArena Premium Services, you agree to read and be bound by these Terms of Use and the Privacy Policy.

    You may not use this Site and the LiveArena Premium Services unless, under the laws of you country of residence or from where you access the Site, (i) you have reached the age required in order to enter into a legally binding agreement with LiveArena, or (ii) you do otherwise not have the power or authority to enter into a legally binding agreement with LiveArena. By accepting these Term of Use, you warrant that you are at least 18 years of age, and are fully capable and competent to accept and enter into these Terms of Use.

  5. AMENDMENTS

    LiveArena reserves the right to change any or all of the terms and conditions in the Terms of Use or the Privacy Policy at any time. LiveArena will notify you of any amendments which may have a negative effect on your use of the LiveArena Premium Services not less than 30 days before they come into force and make the new Terms of Use or Privacy Policy available on the Site.

    If you do not accept the notified amendments, you may terminate your subscription of the LiveArena Premium Services by giving LiveArena notice thereof before the amendments become effective. If you have not terminated your subscription within this time, you are deemed to have accepted the amended Terms of Use and/or Privacy Policy.

    If you terminate your subscription in accordance with this Section 5, such termination shall take effect from the date of entry into force of the amended Terms of Use and/or Privacy Policy. If you have paid for your subscription in advance, you will be credited any fees paid for the remaining subscription period.

  6. PRICES AND PAYMENT

    Information about subscription types, prices and payment methods for the current LiveArena Premium Services is available on the Site.

  7. RIGHT TO CANCEL PURCHASE

    As a consumer, you have the right to cancel your purchase of the LiveArena Premium Services within 14 days from the entry into force of the agreement (Sw. ångerrätt). In order to make use of this right, you must contact LiveArena within this period of time.

    You are aware that if you start using the LiveArena Premium Services by logging in to your Viewer Account within the period of time during which you have the right to cancel your purchase, you are deemed to have consented to that LiveArena starts to provide the LiveArena Premium Services to you. This means that you are no longer entitled to cancel your purchase when you have started using the LiveArena Premium Services.

  8. ADDITIONAL TERMS OF USE

    Certain areas or features of the Site may be subject to additional terms and conditions and/or payment. In order to gain access to such areas or features, you will be required to accept such additional terms and conditions and/or provide payment to LiveArena. If there is a conflict between these Terms of Use and any such additional terms of use, the latter shall take precedence as for your access to such areas or features of the Site.

  9. PUBLISHER ACCOUNT

    Only an organisation or another legal entity which is validly incorporated in the country where it carries on its activities may register as a publisher on the Site (a “Publisher"). As a Viewer, you may browse the Site and view the content herein in accordance with these Terms of Use, but not publish any material on the Site.

  10. INTELLECTUAL PROPERTY RIGHTS

    LiveArena Content is any type of material or content on the Site which is not Publisher Content (as defined below), including but not limited to text, data, graphics, logos, button icons, images, photos, audio clips and software. LiveArena (and its licensors, where applicable) shall exclusively own all right, title, and interest, including all related intellectual property rights, in and to the LiveArena Content.

    Publisher Content is any content, such as live video and metadata, published on the Site by a Publisher. The Publisher (and its licensors, where applicable) shall exclusively own all right, title, and interest, including all related intellectual property rights, in and to the Publisher Content.

    You acknowledge that the LiveArena Content and Publisher Content on the Site may be protected by copyright or other intellectual property rights. Subject to your acceptance of these Terms of Use and the Privacy Policy, you may access and use the Site, the Publisher Content and LiveArena Content on the Site to the extent permitted by these Terms of Use.

    LiveArena does not permit any activities on the Site or by using the LiveArena Premium Services that may infringe the copyright or other intellectual property rights or otherwise violate any rights of a third party. You may not modify, adapt, prepare derivative works based on, publish, transmit, perform, display, broadcast, distribute, sell, license or in any other way exploit the LiveArena Content or Publisher Content. If you suspect that any content on the Site may infringe the copyright or other intellectual property rights of a third party, or otherwise violate any rights of a third party, you shall notify LiveArena thereof without undue delay.

  11. TECHNICAL REQUIREMENTS

    In order to use the Site and the LiveArena Premium Services you need a computer which meets certain system requirements and an Internet connection with a certain transmission speed is required. Information about the current technical requirements is available on the Site. LiveArena reserves the right to amend these requirements from time to time.

  12. SERVICE LEVELS

    LiveArena will use its reasonable endeavours to ensure that the Site and the facilities thereon, including the LiveArena Premium Services, are available at all times and that any material or other content supplied by LiveArena on the Site is true, accurate and error free. However, LiveArena cannot guarantee this and provides no warranties unless expressly stated in these Terms of Use.

    You are aware that the Site and the LiveArena Premium Services may be subject to reasonable interruptions due to maintenance, updates or technical remedies that LiveArena, in its sole discretion, deems necessary. LiveArena will use its reasonable endeavours to minimise any adverse effects of such interruptions for the Viewers.

  13. RESTRICTIONS OF USE

    You acknowledge and agree that you have sole responsibility for your activities on the Site, and shall abide by all applicable local, national, and foreign, laws, treaties and regulations in connection with you use of the Site, the LiveArena Content and Publisher Content.

    Subject to your acceptance of these Terms of Use and the Privacy Policy, LiveArena grants to you the right to access and use the Site, the LiveArena Content and Publisher Content and to the extent permitted by these Terms of Use. You acknowledge and agree that your failure to comply with these Terms of Use or the Privacy Policy when you access and use the Site, the LiveArena Content and Publisher Content constitutes a breach of your agreement with LiveArena.

    When you access and use the Site, the LiveArena Content and Publisher Content, you undertake not to: (i) distribute, in whole or in part, any LiveArena Content or Publisher Content in any medium without the prior written consent of LiveArena or the relevant Publisher, (ii) change or modify any part of the Site, the LiveArena Content or Publisher Content, (iii) gain access to any content on the Site by using any other technology or means than those used on the Site or otherwise approved by LiveArena, (iv) attempt to circumvent, deactivate or in any other manner try to interfere with any security functions on the Site, or functions which prevent or limits the use of any content on the Site, or which limits the use of the Site, the LiveArena Content or Publisher Content, (v) use the Site, the LiveArena Content and Publisher Content for any commercial purposes, including but not limited to selling access to the Site or any content on the Site, or soliciting Publisher’s or other users of the Site (vi) access any content on the Site for anything other than your own personal, non-commercial use as intended and allowed by the normal functionality of the Site, (vii) harvest or otherwise collect information about others, including email addresses, without their consent, (viii) attempt to gain unauthorised access to the service, other accounts, computer systems or networks connected to the service, through password mining or other means, (ix) spread any viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs on the Site, and (xii) interfere with another user’s use and enjoyment of the Site.

    The Site is only intended to be used for streaming video, which is a simultaneous digital transmission of the content from the Site via the Internet to the Viewers. You may thus not download (temporarily or permanently), copy, reproduce, store, transmit, show, sell, license, redistribute, or any other way exploit any LiveArena Content or Publisher Content, without the prior written consent of LiveArena or the relevant Publisher.

    You acknowledge and agree that you have sole responsibility, and that LiveArena does not have any responsibility towards you or any third party, for any violations of your obligations under these Terms of Use and the consequences (including loss or damage incurred for LiveArena) by such violations.

  14. PRIVACY POLICY

    Use of the Site and the facilities thereon, including the LiveArena Premium Services and any LiveArena Content or information obtained from the Site is at your own risk. LiveArena hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, express or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement.

    In addition, LiveArena shall not be responsible for any defects, damages or delays that are caused by the Viewer’s misuse, defects in the Viewer’s equipment (such as a failure to meet the technical requirements as set out in Section 11) or any other equipment that is not under LiveArena’s control; failure of performance of this Site and/or the software used thereon or obtained there from; interruptions in accordance with Section 12; the loss or corruption of data or services resulting from delays, non-deliveries, mis-deliveries, or service interruption; the accuracy, quality or nature of information obtained through its services; nor the consequences arising from or related to any viruses transmitted through its servers. Nothing in the aforesaid shall limit LiveArena’s liability for damages caused by LiveArena’s intent or negligence, or liability for death or personal injury, to the extent that such limitation is not permitted by applicable law.

    LiveArena is not responsible for any defects, damages or delays caused by e.g. loss of electrical power, errors or delays in internet service providers’ services or any other circumstances beyond LiveArena’s control that could not reasonably have been foreseen or prevented by LiveArena.

    LiveArena is not responsible for any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access this Site and the LiveArena Premium Services, save when caused by LiveArena’s intent or gross negligence.

    LiveArena is not responsible, in any manner, for the Publisher Content or the Publishers’ use of the Site and the LiveArena Premium Services. All such content, whether expressed as opinions, statements, recommendations or otherwise, are those of the Publishers and not those of LiveArena.

    This Site may be linked to or from other websites that are not maintained by LiveArena. LiveArena does not control in any respect any information, products or services offered by such other sites and shall not be responsible for the content of such other websites. LiveArena assumes no liability, obligation or responsibility for any part of any transaction, dealing, correspondence or participation by you with any third parties.

    In this Section 15, the term “LiveArena” includes, where applicable, LiveArena’s parent companies, subsidiaries and their board members, management and other representatives.

  15. COMPLAINTS

    In case of defects, damages or delays which LiveArena is liable for in accordance with Section 15, you must notify LiveArena of your complaint. In order for us to handle your complaint in a satisfactory manner, you should submit a written complaint with full information about your complaint, such as a detailed specification of the defect, damage or delay, date and time of its occurrence, duration, which internet service provider you have, and your contact details.

    If a defect, damage or delay for which LiveArena is liable in accordance with Section 15 has caused interruptions on the Site or the LiveArena Premium Services during a period for which you have already paid, LiveArena will compensate you by crediting an amount corresponding to the fees for the period that the Site or the LiveArena Premium Services were unavailable.

  16. INDEMNIFICATION

    You agree to indemnify and hold LiveArena harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with a claim alleging that you have infringed the rights of, or has caused harm to, a third party, or a claim, which if true, would constitute a violation by you of your warranties or a breach of these Terms of Use.

  17. TERM AND TERMINATION

    These Terms of Use apply to your use of the Site and the LiveArena Premium Services during your subscription or until you or LiveArena terminate this agreement in accordance with what is set out below.

    If you have a running subscription with monthly payment, you may terminate your subscription at any time with immediate effect by giving notice thereof to LiveArena or in your Viewer Account settings. If you terminate your subscription during a period for which you have already paid, LiveArena does not credit any fees for the remaining period.

    LiveArena may at any time terminate this agreement if: (i) you commit a material breach of these Terms of Use, (ii) LiveArena is obliged to terminate the agreement under applicable law (i.e. if the provision of the Site, the LiveArena Content or Publisher Content to you becomes unlawful), or (iii) LiveArena ceases to provide the Site, the LiveArena Premium Services or any other services in connection thereto. In case of termination of this agreement in accordance with (i)-(iii) above, LiveArena shall give notice of such termination in advance and when applicable credit any fees paid for the remaining subscription period.

    Sections 5, 9, 10 and 13 shall survive termination of this Agreement.

  18. MISCELLANEOUS

    You may not assign your Account or any of your rights and obligations in accordance with these Term and Conditions to a third party, without the prior written consent of LiveArena.

    If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

    LiveArena’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LiveArena in writing.

  19. GOVERNING LAW AND DISPUTE RESOLUTION

    These Terms of Use shall be governed by and construed in accordance with the laws of Sweden, with the exception of its conflicts of law rules.

    In case of any disputes arising out of or in connection with these Terms of Use, you should notify LiveArena thereof. LiveArena and the Viewer should at first hand try to reach an agreement in any such dispute. Where applicable, The National Board for Consumer Disputes (Sw. Allmänna Reklamationsnämnden) can try the dispute if an agreement cannot be reached. The aforementioned does not limit the parties’ rights to bring an action to a competent general court.