TERMS OF SERVICE
General Terms
1. Introduction
1.1. Please read these Terms of Use carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the Jeremy’s Live Policies (as defined) constitute a legally binding agreement (“Agreement”) between you and Jeremy’s Live (as defined). The Agreement applies to your use of the Service (as defined) provided by Jeremy’s Live. If you do not agree to the Terms of Use please do not use or continue using the Application or the Service.
1.2. Jeremy’s Live may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on http://www.jeremyslive.com or the Application. It is your responsibility to review the Terms of Use regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Terms of Service applicable in the Alternate Country which can be found at https://www.jeremyslive.com as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Use in the Alternate Country.
1.4. JEREMY’S LIVE IS OWNED BY JEREMY’S LIVE, WORLDWIDE, LLC BASED IN RENO, NEVADA USA THAT PROVIDES A PLATFORM FOR USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. JEREMY’S LIVE ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. JEREMY’S LIVE IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF JEREMY’S LIVE AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY JEREMY’S LIVE.
2. Definitions
In these Terms of Use, the following words shall have the meanings ascribed below:
2.1. “Application” means the relevant mobile application(s) made available for download by Jeremy’s Live (or its licensors) to Users and Third Party Providers respectively;
2.2. “Jeremy’s Live” means: Social E-Commerce 2way Live Streaming Network on both Web and Mobile Platform.
2.3.“Platform” means the relevant Jeremy’s Live technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;
2.4. “Privacy Policy” means our privacy policy as amended from time to time;
2.5. “Service” means the linking of Users to Third Party Providers or other Users through the Application, Platform and/or Software;
2.6. “Software” means any software associated with the Application which is supplied made available for download and installation by Jeremy’s Live;
2.7. “Third Party Provider” means the independent third parties who provide the Services:
2.7.1. “Star” means third party who registered as “Star” under Music category with Jeremy’s Live who provides Music Entertainment to Users.
2.7.2. “Chef” means third party who registered as “Chef” under Food category with Jeremy’s Live who provides foods services from home to Users.
2.7.3. “Vendor” means third party who registered as “Vendor” under Style category with Jeremy’s Live who sells Products to Users.
2.7.4 “Trainer” means third party who registered as “Trainer” under Body category with Jeremy’s Live who offers online body fitness and training to Users.
2.8. “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Services from Third Party.
2.9. “User Charges” shall mean charges incurred by Users for the Services obtained through the use of the Service, including any applicable taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.
3. Representations, Warranties and Undertakings
3.1. By using the Service, you represent, warrant / undertake that:
3.1.1. You are at least twenty (18) years old, or that you have legal capacity to enter into the Agreement;
3.1.2. All the information which you provide shall be true and accurate;
3.1.3. You will only use the Application, Platform, Service, and Solutions for their intended and lawful purposes;
3.1.4. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.6. You will not try to interrupt or harm the Service, Application and/or the Software in any way;
3.1.7. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
3.1.8. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
3.1.9. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
3.1.10. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
3.1.11. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Jeremy’s Live or any third party;
3.1.12. When using the Service and Solutions, you agree to comply with all laws applicable to you and/or your use of the Service and Solutions;
3.1.13. You will not copy, or distribute the Software or other content without written permission from Jeremy’s Live;
3.1.14. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that Jeremy’s Live may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Jeremy’s Live has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.15. You will only use an access point or data account which you are authorized to use;
3.1.16. You agree that the Service is provided on a reasonable effort basis;
3.1.17. You agree that your use of the Service will be subject to Jeremy’s Live Privacy Policy as may be amended from time to time;
3.1.18. You agree to assist Jeremy’s Live with any internal or external investigations as may be required by Jeremy’s Live in complying with any prevailing laws or regulations in place;
3.1.19. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Jeremy’s Live or any other party as a result of your breach of this Agreement.
3.1.20 You will not utilize modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Jeremy’s Live or to disrupt the natural functions of the Application; and
3.1.21. You provide us the phone numbers of Jeremy’s Live users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorized to provide us with such numbers to enhance your use of the Service.
3.2. If you are a Third Party Provider, you further represent, warrant / undertake that:
3.2.1.You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the services provided by you;
3.2.2.You shall obey all local laws related to the services and will be solely responsible for any violations of such local laws;
3.2.3.You shall not contact Users for purposes other than in connection with the Service and Solutions;
3.2.4.You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of Jeremy’s Live, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;
3.3. If you are a User, you further represent, warrant / undertake that:
3.3.1. Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is under twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor; You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake services;
3.3.2. You are respectfully reminded that unauthorized recording, duplication, and/or distribution of any live streaming or any part thereof to any media is illegal and will result in civil liability and criminal prosecution.
3.3.3. You acknowledge and agree that only one (1) account can be registered on one device;
3.3.4. You agree that Jeremy’s Live may, based on its sole discretion, consider an account to be dormant if there has been no access made by you on your user account for a period of six (6) months from the last date of access and deactivate or restrict access to your user account.
4. Content Requirements and Usage Rules
1. Jeremy’s Live Worldwide, LLC is the copyright owner of this platform. International conventions and national laws giving effect thereto protect its copyright over this work. You are respectfully reminded that unauthorized recording, duplication, and/or distribution of any live streaming or any part thereof is illegal and will result in civil liability and criminal prosecution.
2. The Content described in this Agreement refers to any content created, uploaded, copied, published and distributed by you, including but not limited to registration information and verification details such as account avatar, name, personal description, or text, audio, pictures, videos, graphics that are sent, replied or auto-reply messages and related link pages, and other content generated while using the software.
3. You are not allowed to use this Software to produce, upload, copy and send the following Content or conduct the following behavior:
· That threatens national security, leaks state secrets, subverts state power, damages state unity;
· That damages national honor and profit;
· That incites national hatred, discrimination and damages national unity;
· That damages national religion policies, promotes cult and feudal superstition;
· That spreads rumors, disturbs public order and damages social stability;
· That spreads obscene, pornographic content containing sexual or sexually suggestive content;
· That spreads gambling, violence, murder, terror or abetment;
· That insults or defames others, violates others legal rights or fraudulent;
· That contains insulting, intimidating, or threatening content;
· That contains harassment, spam, malicious or phishing information;
· That disclosing or involving the privacy of others, personal information or details;
· That infringes on the legal rights of other people's reputation, portrait rights, intellectual property rights, trade secrets, etc.;
· That harms the interests of minors in any way;
· That stalks or otherwise harasses other users；
· That contains false information, or steals other people's avatars or details, posts or uses others’ identity;
· That enforces, induces other users to follow, click on the link page or share information;
· That fabricates facts, conceals truths to mislead or deceive others;
· That contains advertising or sales-oriented information;
· That uses technical means to build multiple fake accounts;
· That deletes the copyright information on this software and its copy;
· That do reverse engineering, reverse compilation, de-compilation, or attempt to discover the source code of the software;
· That uses, rents, lends, copies modifies, links, reproduces, compiles, issues, publishes or creates mirror sites with contents that contains intellectual property rights of this company;
· That copies, modifies, adds, deletes, hooks, or creates any data released by us or necessary for the software, or derivatives;
· That adds, deletes, changes the function of the software, or operates or transmits the software to the public by modifying or falsifying the instructions and data in the software, whether or not for commercial purpose;
· That Loges in or uses the software through third-party software, hacking, plug-ins or systems that are not developed or authorized by us, or create, publish, or distribute third-party software, plug-ins, hackings, and systems that are not developed or authorized by the company;
· That is or could reasonably be viewed as offensive, indecent or objectionable;
· Other Contents or behaviors that in violation of laws and regulations, such as regulatory documents and policies (including jurisdiction where you reside, the Software operates, runs), or infringe lawful rights and interests of other third parties, interfere with the normal operation of the software.
4. Any Contents produced, uploaded, copied and sent by you has nothing to do with us and doesn’t reflect or represent our opinion, standpoint, policy. We shall not be liable in any way for any Content uploaded, distributed, copied, published by you, or behavior conducted by you.
5. You are solely responsible for the authenticity, legality, accuracy, validity of the information transmitted, produced, uploaded, copied, published, disseminated by you, and behaviors conducted, and performed by you. Any liability is at your own risk and has nothing to do with the software. If any damage is caused to us or third parties due to your behavior, you shall compensate losses of us or third parties, and we have the right to pursue your liability in accordance with this agreement.
5. Compatibility
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and/or Software. While we continuously develop the Application, Platform and/or Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and/or Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and/or Software with specific mobile devices or other hardware.
6. License Grant and Restrictions
6.1. Jeremy’s Live and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Jeremy’s Live and its licensors.
6.2. You shall not:
6.2.1. License, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
6.2.2. Modify or make derivative works based on the Application and/or the Software;
6.2.3. “mirror” the Application / Software on any other server or wireless or internet-based device;
6.2.4. Except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Application or any software or services made available on or through the Application;
6.2.5. Use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
6.2.6. Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights
6.2.7. Remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or
6.2.8. Use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
7. Payments
7.1 For Third Party Providers:
7.1.1 The fees which you pay Jeremy’s Live for the Service are due immediately and are non-refundable (“Service Fee“). Subject to any limit stipulated by the applicable law, the Service Fee shall be a 15% of the User Charges, as determined by Jeremy’s Live from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
7.1.2 You acknowledge that the total amount of User Charges paid to you by Users includes the Service Fee, which you collect on behalf of Jeremy’s Live.
7.1.3 Jeremy’s Live may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. Jeremy’s Live may change the Service Fee at any time at its sole discretion.
7.1.4 Users may pay for you such as by credit or debit card (“Card”). All payments due to you for your services, including tips (where applicable), will be channeled to you within 3-5 days from the date of payment made by the user through your registered Paypal Account on Jeremy’s Live.
7.1.5 Jeremy’s Live retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User breached any term in this Agreement. In such an event, you shall not hold Jeremy’s Live liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment to you.
7.2 For Users:
7.2.1 Once you have completed using the Service, you are required to make payment in full to the Third Party Provider by selecting of the payment methods available to you on the Application. Any payment pursuant to such selection will be automatic and is non-refundable.
7.2.2 You may choose to pay the Third Party Provider by Paypal, and by credit or debit card (“Card”), where available.
7.2.3 If you choose to make payment by Card, you will need to register a valid Card which belongs to you in accordance with the instructions in the Application.
7.2.4 You agree that Jeremy’s Live may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
7.2.5 In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
7.2.6 Jeremy’s Live may suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where Jeremy’s Live reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where Jeremy’s Live reasonably believes you to be in breach of this Agreement.
7.2.7 You agree that you will cooperate in relation to any financial crime screening that is required and to assist Jeremy’s Live in complying with any prevailing laws or regulations in place.
7.2.8 You shall be responsible to resolve any disputes with your Card company on your own.
8. Ratings
8.1. Users and Third Party Providers may be allowed to rate each other in respect of Services provided.
8.2. Every rating will be automatically logged onto Jeremy’s Live system and Jeremy’s Live may analyze all ratings received. Jeremy’s Live may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
9. Complaints
9.1. Any complaints between Third Party Providers and Users must be taken up with each other directly.
10. Intellectual Property Ownership
10.1. Jeremy’s Live and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by Jeremy’s Live and/or its licensors. Jeremy’s Live name, Jeremy’s Live logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of Jeremy’s Live or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.
11. Taxes
11.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Jeremy’s Live to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
11.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
12. Confidentiality
12.1. You shall maintain in confidence all information and data relating to Jeremy’s Live, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Jeremy’s Live (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Jeremy’s Live, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Jeremy’s Live prior written consent, disclose such information to any third party nor use it for any other purpose.
12.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
12.2.1. was at the time of receipt already in your possession;
12.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;
12.2.3. was received from a third party having the right to disclose it; or
12.2.4. is required to be disclosed by law.
13. Data Privacy and Privacy Policy
13.1. Jeremy’s Live collects, processes, and disclose your Personal Data in accordance with its Privacy Policy on the website (“jeremyslive.com’). The Privacy Policy applies all of Jeremy’s Live Services and its terms are made a part of this Agreement by this reference.
13.2. Where applicable, you agree and consent to Jeremy’s Live, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.
13.3. You acknowledge that Jeremy’s Live may disclose Personal Data of other individuals to you in the course of your use of Jeremy’s Live Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Jeremy’s Live, and not for any other unauthorized purposes.
14. Third Party Interactions
14.1. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and Jeremy’s Live and its licensors shall have no liability or obligation for any such communication or agreement. Neither Jeremy’s Live nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Jeremy’s Live, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different Terms of Use and privacy policies prior to your use of or access to such goods or services, and Jeremy’s Live is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different Terms of Use and privacy policies may apply to your use of such third party services. Jeremy’s Live is not liable for any information that you provide to or authorize us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
14.2. Jeremy’s Live may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue.
14.3. You agree and allow Jeremy’s Live to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.
14.4. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
14.5 You acknowledge that in addition to utilizing data from the Data Sources listed in Section B the Application utilizes and modifies search results from Google Maps services and content, and that by using the Application, you agree to comply with (1) the Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html; (2) the Google Privacy Policy at https://www.google.com/policies/privacy/; and (3) the Google Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/. You further agree that when using the Application you shall not:
(a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps;
(b) sub-license, transfer or distribute Google Maps;
(c) sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or
(d) access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.
15. Indemnification
15.1. By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold Jeremy’s Live, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Solutions to Users via the Service where applicable.
16. Disclaimer of Warranties
16.1. Jeremy’s Live makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. Jeremy’s Live does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information or other materials purchased or obtained by you through the Application will meet your requirements or expectations. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
16.2. Jeremy’s Live makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to Jeremy’s Live in respect of the same.
17. Internet Delays
THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. JEREMY’S LIVE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
18. Limitation of Liability
18.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST JEREMY’S LIVE BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILIZING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. JEREMY’S LIVE AND/OR ITS LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR). JEREMY’S LIVE AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE, INCLUDING BUT NOT LIMITED TO:
18.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
18.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
18.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR
18.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, EVEN IF JEREMY’S LIVE AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.2. JEREMY’S LIVE DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE JEREMY’S LIVE FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.
18.3. JEREMY’S LIVE WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND USERS THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH JEREMY’S LIVE, JEREMY’S LIVE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE JEREMY’S LIVE FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.
18.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
19. Notice
19.1. Jeremy’s Live may give notice through the Application, electronic mail to your email address in the records of Jeremy’s Live, or by written communication sent by registered mail or pre-paid post to your address in the record of Jeremy’s Live. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Jeremy’s Live (such notice shall be deemed given when received by Jeremy’s Live) by letter sent by courier or registered mail to Jeremy’s Live using the contact details as provided in the Application.
20. Assignment
20.1. This Terms of Use as modified from time to time may not be assigned by you without the prior written approval of Jeremy’s Live but may be assigned without your consent by Jeremy’s Live. Any purported assignment by you in violation of this section shall be void.
21. Relationship
21.1. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with Jeremy’s Live.
22. Severability
22.1. If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
23. No Waiver
23.1. The failure of Jeremy’s Live to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.
24. Entire Agreement
24.1. This Agreement comprises the entire agreement between you and Jeremy’s Live and supersedes any prior or contemporaneous negotiations or discussions.
25. Suspension and Termination
25.1. You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. You and Jeremy’s Live expressly waive the provisions of Article 1266 of the Civil Code as far as necessary to terminate this Agreement without prior court decision.
26. No Third Party Rights
26.1. This agreement does not give rights to any third parties who are not party to this Agreement.