1. Introduction
Welcome to Lively! This Service Agreement ("Agreement") is a legally binding contract between you ("User" or "you") and Lively ("we," "us," or "our") that governs your use of the Lively live-streaming application and related services ("Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agreed to this Agreement. If you do not agree, please stop using the Services immediately.

2. Eligibility
2.1 Age Requirement:
Lively is designed for individuals aged 19 or older. By registering or using the Services, you confirm that:
You are at least 19 years old.
You have the legal capacity to enter into this Agreement in your jurisdiction.
We reserve the right to request age verification at any time. Accounts found to belong to individuals under 19 years old will be terminated immediately.
2.2 Geographic Restrictions:
The availability of the Services may vary by location. It is your responsibility to ensure that accessing and using the Services is legal in your country or region.
2.3 Parental Guidance:
Parents and guardians are advised to educate minors about online safety. Although minors are prohibited from using Lively, any unauthorized use by minors remains the sole responsibility of their parents or guardians.

3. User Accounts
3.1 Account Registration:
To access certain features of Lively, you must create a user account. When creating an account, you agree to:
Provide accurate, current, and complete information.
Update your account details as necessary to maintain accuracy.
3.2 Reasonable and Legal Use:
Your account must be used reasonably and in compliance with applicable laws. You agree not to:
Use the account for unlawful activities.
Allow others to use your account unless explicitly authorized by Lively.
Create multiple accounts for malicious purposes, such as spamming or fraudulent activities.
3.3 Account Security:
You are solely responsible for safeguarding your account credentials. Notify us immediately if you suspect unauthorized use or account breaches.
3.4 Account Sharing and Transfers:
Accounts are personal and non-transferable. You may not sell, transfer, or share your account with others.
3.5 Account Suspension or Termination:
We reserve the right to suspend or terminate accounts that violate this Agreement or disrupt the platform's integrity.

4. User Conduct
4.1 General Behavior:
You agree to act respectfully and responsibly while using the Services. Specifically, you may not:
Harass, threaten, or bully other users.
Disseminate harmful, hateful, or illegal content.
Engage in behavior that harms minors, promotes violence, or incites discrimination.
4.2 Prohibited Content:
Child Sexual Exploitation and Abuse Content (CSEA): Strictly prohibited. Refer to Section 4.3 for details.
Pornographic Content: Explicitly banned. Refer to Section 4.4 for details.
Harmful Content: Do not share malware, scams, or content designed to deceive users.
4.3 Content Related to Child Sexual Exploitation and Abuse (CSEA):
Zero Tolerance: Lively has a zero-tolerance policy for CSEA content. Offending accounts will face immediate termination, and violations will be reported to law enforcement.
Reporting: Users are encouraged to report CSEA content through the in-app tools or at [Support Email].
4.4 Pornographic Content Policy:
Prohibited Activities: Sharing, streaming, or promoting explicit sexual content, including pornography, obscene material, or solicitations for sexual services, is prohibited.
Consequences: Violations may lead to content removal, account suspension, or permanent bans.

5. User Content
5.1 User Content Guidelines:
Content uploaded, streamed, or shared on Lively must adhere to the following guidelines:
Respect others’ intellectual property rights.
Avoid sharing personal information about others without consent.
5.2 Content Removal:
We reserve the right to review and remove content that violates this Agreement or applicable laws.
5.3 License to Use:
By submitting content to Lively, you grant us a global, non-exclusive, royalty-free license to use, modify, and display your content for platform functionality.

6. Virtual Items and Payments
6.1 Virtual Items Policy:
Users may purchase virtual items (e.g., gifts, tokens) for use within the platform. These items:
Have no real-world monetary value.
Are non-refundable unless required by law.
6.2 Fraud Prevention:
Fraudulent transactions may result in account suspension or legal action.

7. Reporting and Enforcement
7.1 Community Reporting:
Users are encouraged to report violations of this Agreement through our reporting tools or at support@lively-app.site.
7.2 Investigation and Actions:
We investigate all reported violations and may take actions such as:
Issuing warnings.
Removing content.
Suspending or terminating accounts.

8. Limitation of Liability
8.1 Service Availability:
We provide the Services "as is" and do not guarantee uninterrupted access.
8.2 User Responsibility:
You are solely responsible for your interactions and content shared on Lively.

9.Governing Law and Disputes
9.1 Regardless of where you live or from which physical location you access our Service, the substantive and choice of law provisions of the State of California shall apply to this Agreement and your access and use of the Service, and any action related thereto, without regard to California’s conflict of law provisions, but California law shall not apply to the arbitration provisions in Section 9.3 of this Agreement, which are governed solely by the Federal Arbitration Act.
9.2 Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement or the Privacy Policy shall not constitute a waiver of such right or provision.
9.3 Alternative Dispute Resolution. By entering into this Agreement, you agree that, if any dispute arises out of or in any way related to this Agreement and/or your use of the Service, any and all such disputes shall be resolved by submission to binding arbitration in San Francisco, California before a retired judge or justice with JAMS pursuant to JAMS Comprehensive Arbitration Rules and Procedures in effect at the time of any such dispute. We mutually agree that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If the parties are unable to agree on a JAMS retired judge or justice within fifteen (15) calendar days of a demand for arbitration filed with JAMS by either of us, JAMS will follow the procedure in its Comprehensive Arbitration Rules and Procedures to name a retired judge or justice who will act as the sole arbitrator. Any decision of the arbitrator may be confirmed by a court of competent jurisdiction and the ensuing judgment may thereafter be enforced in the same manner as a judgment in a civil action. The ensuing judgment may also be appealed pursuant to applicable federal law. You acknowledge and agree that this Agreement involves interstate commerce and that this arbitration provision is governed by the Federal Arbitration Act.
9.4 Class Action Waiver. Except as otherwise required under applicable law, (i) we mutually intend and agree that neither will assert any class actions or representative actions, nor will such actions or procedures apply in any arbitration pursuant to this Agreement; (ii) we mutually agree that neither will assert class action or representative action claims against the other in arbitration or in any other proceeding or action; and (iii) you shall only submit your own, individual claims in arbitration and will not seek to represent the interests of any other person.
9.5 Arbitration Confidentiality. The Disputes, as well as the arbitration proceedings and award regarding such Disputes, shall be kept strictly confidential and governed by the Nondisclosure Agreement ("NDA") provisions addressed elsewhere in this Agreement.
9.6 Arbitral Jurisdiction. We agree that this Agreement involves interstate commerce and the arbitration will be governed by the provisions of the Federal Arbitration Act (9 U.S.C. 1 et seq.). California substantive law shall govern the underlying Disputes to be arbitrated. We agree that the arbitrator, not any federal or state court judge, shall have the exclusive jurisdiction to resolve any and all disputes regarding the arbitrator's jurisdiction and the interpretation, applicability, enforceability or formation of this binding Agreement to arbitrate, including but not limited to determining which Disputes are subject to arbitration, or any contention that all or any part of this arbitration agreement is unenforceable, voidable or void.

10.Limitation of Liability
To the maximum extent permitted by applicable law, LIVELY shall not be liable for any incidental, special, consequential, or indirect damages arising from or relating to your use or inability to use the services. This includes, but is not limited to:
Loss or corruption of data or programs
Service interruption losses
Costs incurred from obtaining substitute services

These limitations apply even if LIVELY has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, LIVELY's total aggregate liability for any claims related to this Agreement or the use of the Service or website, regardless of the form of action, shall not exceed:
1.The amount you paid for your membership, or
2.If you have not paid LIVELY for any services, a maximum of US$30.00 or its equivalent.

11. Changes to This Agreement
We may modify this Agreement at any time. Users will be notified of significant changes, and continued use constitutes acceptance.

12. Contact Information
For any questions or concerns regarding this Agreement, please contact us at: support@lively-app.site.
Last Updated: 14-01-2025