a) Welcome to live-lived.com
(hereinafter referred to as "Website" / "Live-Lived"), an online shopping portal for the range of fashion products of Live-Lived Incorporated, a C-corporation incorporated in Delaware, United States and having its principal office located at 365 E Avenida De Los Arboles, #B50
, Thousand Oaks, CA 91360
, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.
i) The term “Customer” or “Buyer” shall mean any natural or legal person or entity who accepts the offer for sale on the Website by placing an order for or purchasing any product or service offered for sale on the Website.
ii) The term "You" or "User" shall mean any natural or legal person or entity including accessing or using the services provided on this Website.
iii) The term "We", "Us", "Our" shall mean live-lived.com.
iv) The term "Company" shall mean Live-Lived Incorporated.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
You are advised to read these Terms carefully before entering into any transaction on live-lived.com. Once You accept these Terms, it will be a legally binding agreement between You and live-lived.com will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Website if you are not competent to contract under the United States Contract law and any other applicable laws, rules and regulations.
This Agreement shall continue to be in full force and effect as long as you access and use the Website.
We may terminate the agreement at any time, with or without cause. However, We reserves the right, in our sole discretion, to terminate your access to the products and services offered on the Website or any portion thereof at any time, without notice.
4. ONLINE SHOPPING PLATFORM
The Website is an online shopping platform for the fashion products of Live-Lived Incorporated. Our products are for customers who stand apart from rest of the crowd and hence the slogan “A Fashion Brand not for the Faint of Heart”.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
a) You agree and undertake that you are accessing the products and services available on this Website and transacting at Your sole risk and are that You are using your best and prudent judgment before entering into any transaction on this Website.
b) The Website and Live-Lived Incorporated accept no liability for any errors or omissions, whether on behalf of itself or third parties.
c) The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
d) After the receipt of payment from the Buyer, We shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer.
e) Any and all orders placed by You on this Website are a firm commitment to purchase and you are obligated to complete the transaction and not challenge it in anyway.
f) Before placing any order on the Website, you are advised to check the product description carefully. Once you place an order for a product, you agree to be bound by the conditions of sale included in the item's description.
g) Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
To purchase the products on the website, you have the option of registering on the website and creating an “account” or by logging in as “Guest” (if any). If you choose to create an account, you need to provide certain mandatory information such as your title, name, email address, postal address, delivery address (if different), telephone or mobile number, payment details (including payment card details or bank account details), your usernames, passwords, and other security-related information provided for logging to your account with us.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this documents and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
7. PRICING OF PRODUCTS
a) The prices of the products listed on the website are current. While every care has been taken to label the products accurately and we strive to ensure that there are no mistakes, errors in data entry and updation might occur. We reserve the right to cancel an order in case a transaction has been made where the price indicated was not the correct price. In the rare event that happens, we will refund the total amount received from the Customer.
b) We reserve the right to change the prices listed without any advance notice to You.
c) All prices on the Website are given in US Dollars. For international cards used on the Website, the applicable exchange rate and charges would apply. We have no authority on this and any disputes or queries on exchange rates and bank charges need to be directed to the respective bank or institution that issued Your card or payment instrument.
d) All orders are acknowledged at current pricing. We will bill at the price in effect at the time of the order placement, that is raising an invoice and receipt of payment.
The membership of this website is free of cost and this includes the browsing of the site and the use of certain services. However, we reserve the rights to amend this policy anytime in the future.
9. AVAILABILITY OF PRODUCTS
We will always strive to ensure that all the products listed on the Website are available in stock to be dispatched to the Buyer. However, there might be instances where the particular product is not in stock and in such cases, we will contact you within 2 - 3 business days and give you the choice to exchange, delay or cancel the order based on your convenience.
10. MODE OF PAYMENT
The following payment options are available on the Website:
a) Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card, Discover & Amex card;
b) Debit cards;
c) Direct Debit payments through various payment options. A list of options is available at the time of ‘checkout’.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your credit card number, card expiry date and 3-digit CVV number (4 digit for Amex card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction, as the case may be. Your credit card or debit card statements will reflect Live-Lived Incorporated or Live-Lived. To place an order you will need to complete the transaction on the website. This may or may not be assisted with a phone call with the customer service representative. By placing an order on the site or on phone, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the website or affiliated websites where specifically referred to such affiliated websites.
After you have made your selection and added products to your shopping cart, you will need to proceed to the checkout section. At this point, you will be asked for address and other contact information as well as payment related information. Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. Thereafter your products will be shipped based on product availability and completion of logistics operations related to the same.
11. ORDER CANCELLATION
Transactions on the Website are secure and protected. Any information you enter when transacting with the Website is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that the best security practices adopted by major online vendors, where all payments are processed in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided, who is authorized and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
13. USER OBLIGATIONS
You are a restricted user of this website.
a) You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
b) You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is not permitted. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
c) In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws.
d) Further, You undertake not to:
i) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
ii) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
iii) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
iv) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation" within the meaning of the applicable laws in the United States;
v) Post any file that infringes the copyright, patent or trademark of other legal entities.
vi) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
vii) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
viii) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
ix) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
x) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
xii) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiii) Violate any applicable laws or regulations for the time being in force within or outside the United States;
xv) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xvi) Threatens the unity, integrity, defense, security or sovereignty of the United States, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
xvii) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside the United States;
xviii) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xix) Create liability for Us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
14. PRODUCT SHIPMENT
15. DELIVERY CHARGES
16. PRODUCT RETURNS
17. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/ or activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the Site.
• If the User is in breach any of the terms and conditions of this Agreement;
• If the User has provided wrong, inaccurate, incomplete or incorrect information;
• If your actions may cause any harm, damage or loss to the other users or to us.
18. INDEMNITY AND LIMITATIONS
You agree to defend, indemnify and hold harmless us, our employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's action(s) or inaction(s), including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
In no event shall Live-lived.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Live-lived.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Live-lived.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Live-lived.com control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
We assume no liability or responsibility for damage or injury to persons or property arising from any service of any product, information, idea, or instruction contained on the site or in any materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this service and site. We are no way liable for the misuse of our product or service by you.
The materials appearing on Live-Lived.com web site could include technical, typographical, or photographic errors. Live-Lived.com does not warrant that any of the materials on its web site are accurate, complete, or current. Live-Lived.com may make changes to the materials contained on its web site at any time as and when appropriate, without any notice.
20. INTELLECTUAL PROPERTY RIGHTS
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Live-lived.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
b) The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Live-lived's name is stated as the source and prior written permission of Live-lived.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
c) Notwithstanding the foregoing, it is expressly clarified that the user will retain ownership and shall solely be responsible for any content that the user provide or upload when using any Service, including any text, data, information, images, photographs, or any other material which the user may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) the user expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of the user’s content by third party users, the user accept the User whereby the user grant a non-exclusive license for the use of the same.
You may not use any of our intellectual property in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us in any way.
21. ADVERTISEMENTS AND PROMOTIONS
The advertisements and promotions that We do in this website and other websites/ media, such as social media are only for promoting the brand awareness and in no way connected with the mentality or attitude of the Company or its officers / directors.
22. DISCLAIMER OF WARRANTIES AND LIABILITIES
Except as otherwise expressly stated with respect to our products, all contents of the site are offered on an "as is" basis without any warranty whatsoever either express or implied. We make no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.
We do not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.
We welcome your suggestions and comments regarding your experience using our Website. Any comments, ideas, suggestions, initiation, or any other content you contribute to this site or to the Company (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by us will not infringe upon or violate the rights of any third party.
24. DISPUTE RESOLUTION AND JURISDICTION
The formation, interpretation and performance of this Agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism.
a) Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. However, the parties in good faith will attempt to bind by the decision.
b) Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in the Delaware, United States. The mode of appointment of the arbitrators is as provided above.
In the event of the dispute resolution mechanism failing, the matter shall be governed by the law, rules and regulations of Delaware, United States. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Delaware, United States, and you hereby submit to the personal jurisdiction of such courts.
25. MISCELLANEOUS PROVISIONS
a) Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
b) Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
c) Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
Copyright © 2017-2018 Live-Lived Inc. All rights reserved.
All the rights pertaining to the services and materials are owned by either by us or by corresponding individuals/firms under appropriate license.