LiveOne
Last Updated: January 29, 2026
IMPORTANT NOTICE FOR RESIDENTS OF NORTH AMERICA: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION RIGHTS, AS DESCRIBED IN SECTION 15 BELOW.
YOU HAVE A LIMITED RIGHT TO OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER. PLEASE READ SECTION 15 CAREFULLY.
PARENTAL ADVISORY
IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENT OR LEGAL GUARDIAN. THE LIVEONE SERVICES AND CONTENT (AS DEFINED BELOW) ARE INTENDED FOR USERS WHO ARE AT LEAST 13 YEARS OF AGE. BECAUSE THE SERVICES MAY PROVIDE ACCESS TO CONTENT THAT INCLUDES STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX, OR SUBSTANCE USE, PARENTAL DISCRETION IS ADVISED FOR USERS UNDER 18. THIS AGREEMENT CONTAINS IMPORTANT DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES.
LiveOne is operated by LiveXLive, Corp. and its affiliates ("LiveOne," "we," "our," or "us"). Please read this Terms of Use Agreement ("Terms of Use" or "Terms") carefully, as it constitutes a legally binding agreement between you and LiveOne and governs your access to and use of:
These Terms of Use apply regardless of whether you access the Services through a mobile or wireless device, personal computer, smart device, console, or any other technology or platform. These Terms of Use apply to all users of the Services, whether or not you create or maintain a registered account ("User," "you," or "your"). By accessing, browsing, registering for, creating an account for, clicking any button or box indicating acceptance, or otherwise using the Services (including completing a purchase or subscription), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
Certain features, products, or services offered through the Services may be subject to additional terms, conditions, disclosures, or agreements provided by LiveOne from time to time, including without limitation subscription terms, promotional terms, or platform-specific terms ("Additional Terms"). The Services may also be subject to rules governing participation in promotions, contests, sweepstakes, or similar activities ("Rules"). LiveOne's Privacy Policy ("Privacy Policy"), any applicable Additional Terms, and any applicable Rules are incorporated into these Terms of Use by reference as though fully set forth herein.
In the event of any conflict, the following order of precedence shall apply: (i) the applicable Rules, (ii) the applicable Additional Terms, and (iii) these Terms of Use.
Subject to the terms and conditions of these Terms of Use, the Services enable Users to access certain features, functionality, information, and services provided by LiveOne and/or its affiliates, which may include, without limitation, the ability to:
Certain features, content, or functionality of the Services may be available only to registered Users or to Users who subscribe to one or more paid subscription offerings made available by LiveOne from time to time ("Subscription Services"). The availability, scope, and features of the Services, including Subscription Services, may vary based on factors such as your account status, subscription level, geographic location, device, platform, or applicable licensing restrictions.
LiveOne reserves the right, at any time and in its sole discretion, to modify, suspend, replace, or discontinue any aspect of the Services (including any content, features, or Subscription Services), temporarily or permanently, with or without notice, subject to applicable law.
By accessing or using the Services, you represent, warrant, and covenant to LiveOne that:
Certain features, content, or functionality of the Services may be subject to additional age restrictions or other eligibility requirements. If you are between the ages of thirteen (13) and eighteen (18), you must review these Terms of Use with your parent or legal guardian, and your parent or legal guardian must agree to these Terms of Use on your behalf. Parental discretion is advised for all users under the age of eighteen (18). Parents or legal guardians are jointly and severally responsible for all acts and omissions of their children under the age of eighteen (18), including any purchases, charges, or payments incurred through the Services.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or if LiveOne reasonably suspects that such information is untrue, inaccurate, not current, or incomplete, LiveOne reserves the right, in its sole discretion, to suspend or terminate your account or access to the Services (in whole or in part) and to refuse any current or future use of the Services, with or without notice, and without liability or obligation to you or any third party.
We may modify or update these Terms of Use, including any Additional Terms, Rules, or the Privacy Policy, from time to time and at any time, in our sole discretion. If we make material changes to these Terms of Use, we will provide notice as required by applicable law. Such notice may be provided by posting or displaying the updated Terms of Use on the Services, by notifying you via email, through in-app notifications, or by other reasonable electronic means.
Unless otherwise stated, any modifications to these Terms of Use will be effective as of the "Last Updated" date indicated at the top of this Agreement. Your continued access to or use of the Services after the effective date of any updated Terms of Use constitutes your acceptance of the modified terms. If you do not agree to the modified Terms of Use, your sole remedy is to stop using the Services and, if applicable, cancel your User Account.
Nothing in this Section is intended to limit or exclude any rights you may have under applicable consumer protection, automatic renewal, digital services, or other laws that cannot be waived by contract.
Depending on where you reside, you may have certain rights under applicable consumer protection or digital service laws. Nothing in these Terms is intended to limit or exclude rights that cannot be waived under applicable law.
These Terms of Use, together with any revisions or modifications thereto, shall remain in full force and effect while you access or use the Services or maintain a User ID or User Account.
You may terminate your use of the Services or close your User Account at any time, for any reason, subject to any applicable subscription terms, billing obligations, or cancellation requirements described in these Terms or any applicable Additional Terms. LiveOne may suspend or terminate your access to the Services or your User Account at any time, for any reason or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party, including where LiveOne reasonably believes that you have violated these Terms of Use, applicable law, or engaged in conduct that adversely affects the Services, LiveOne, or other users.
IF LIVEONE TERMINATES YOUR USE OF OR REGISTRATION TO THE SERVICES DUE TO YOUR BREACH OF THESE TERMS OF USE, YOU WILL NOT BE ENTITLED TO A REFUND OF ANY UNUSED PORTION OF ANY FEES, PAYMENTS, OR OTHER CONSIDERATION PREVIOUSLY PAID, EXCEPT WHERE REQUIRED BY APPLICABLE LAW.
Upon termination of your access to the Services or your User Account for any reason, your right to access or use the Services will immediately cease, except as expressly provided in these Terms (including any continued access during an active paid subscription period, if applicable).
The provisions of these Terms of Use that by their nature are intended to survive termination or expiration shall survive, including, without limitation, provisions relating to content and intellectual property rights, user postings, paid subscriptions and billing obligations, dispute resolution and arbitration, indemnification, disclaimers and limitations of liability, and governing law and miscellaneous provisions.
In order to access and use certain content, features, or functionality of the Services, you may be required to register for an account, whether through the Site, the LiveOne App, or a third-party platform, and to create or provide login credentials such as a username and password (a "User ID"). You may also be required to provide certain information to LiveOne or authorize LiveOne to access certain information made available through a third-party platform, as described in our Privacy Policy. Your User ID and associated registration information collectively constitute your "User Account."
You are responsible for maintaining the confidentiality of your User ID and for all activity that occurs under your User Account, whether such activity is authorized by you or not. You agree that you will not share your User ID or permit others to access or use your User Account, and you are solely responsible for any access to or use of the Services through your User Account by you or any other person or entity, including employees, agents, or third parties.
You agree to notify LiveOne immediately of any unauthorized use of your User Account or any other breach of security. It is your responsibility to maintain accurate and current information associated with your User Account and to promptly update such information as necessary.
LiveOne reserves the right, in its sole discretion, to suspend or terminate your User Account, deny registration, or restrict access to the Services if LiveOne believes there is a question regarding the identity of the person accessing the account, if inaccurate or incomplete information has been provided, or if your use of the Services violates these Terms of Use or applicable law.
LiveOne shall not be responsible or liable for any loss or damage arising from your failure to safeguard your User Account, maintain the confidentiality of your User ID, or comply with this Section 6.
You are solely responsible for your conduct on and in connection with the Services. LiveOne seeks to maintain a safe, respectful, and lawful environment for all users. Use of the Services for unlawful, harmful, or abusive activities is strictly prohibited. By accessing or using the Services, you represent, warrant, and agree that you will not, directly or indirectly:
Any violation of this Section may result in suspension or immediate termination of your access to the Services, without notice and without liability to LiveOne.
Notwithstanding the foregoing, LiveOne grants operators of public search engines limited permission to use automated tools (such as spiders) to index publicly available content from the Site solely for the purpose of creating searchable indices, and not for caching, archiving, or reproducing such content.
LiveOne reserves the right to revoke this permission at any time, either generally or in specific cases.
LiveOne reserves the right, but does not assume the obligation, to investigate and take appropriate legal action against any user who, in LiveOne's sole discretion, violates or is suspected of violating this Section 7, including reporting such conduct to law enforcement authorities.
LiveOne uses commercially reasonable administrative, technical, and organizational measures designed to help protect the security, integrity, and confidentiality of the Services and information transmitted through them, including Content. You acknowledge and agree that no security measures are perfect or impenetrable, and LiveOne does not guarantee that unauthorized access, hacking, data loss, or other security breaches will never occur.
Your access to and use of the Services may be limited, restricted, or conditioned by security features, technological protections, authentication requirements, or other safeguards implemented by LiveOne from time to time. LiveOne reserves the right, in its sole discretion, to modify, update, suspend, or discontinue any security-related technology, procedures, or features without notice.
YOU AGREE NOT TO ATTEMPT TO PROBE, SCAN, TEST, BYPASS, DEFEAT, DISABLE, OR OTHERWISE CIRCUMVENT ANY SECURITY OR AUTHENTICATION MEASURES, ACCESS CONTROLS, ENCRYPTION, OR PROTECTIVE TECHNOLOGY USED IN CONNECTION WITH THE SERVICES. ANY ATTEMPT TO INTERFERE WITH OR COMPROMISE THE SECURITY OF THE SERVICES, SYSTEMS, NETWORKS, OR DATA MAY RESULT IN IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SERVICES AND MAY SUBJECT YOU TO CIVIL LIABILITY AND/OR CRIMINAL PROSECUTION UNDER APPLICABLE LAW.
As between you and LiveOne, LiveOne and/or its affiliates own, solely and exclusively, all right, title, and interest in and to the Services and all content made available on, through, or in connection with the Services (collectively, the "Content"), subject only to the limited rights expressly granted to you under these Terms of Use and the exclusions for User Postings described in Section 11 below. All Content is protected by United States federal and state laws and by applicable foreign laws, rules, regulations, and treaties.
"Content" includes, without limitation, all audio, video, sound recordings, musical compositions, artwork, photographs, illustrations, graphics, logos, branding, copy, lyrics, text, data, software, computer code, user interfaces, visual interfaces, designs, layouts, compilations, selections, arrangements, and the overall look and feel of the Services, as well as all copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights, and other intellectual property or proprietary rights embodied therein or associated therewith, including any Content made available in advertisements, promotions, or communications delivered through the Services.
Subject to your compliance with these Terms of Use, LiveOne grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access and use the Services and Content solely for your personal, non-commercial use. Except as expressly permitted by these Terms of Use or applicable Additional Terms, you may not reproduce, copy, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works from, publicly display, publicly perform, publish, distribute, transmit, broadcast, sell, license, rent, lease, loan, or otherwise exploit any Content, in whole or in part, without LiveOne's prior written consent. You may not remove, obscure, alter, or modify any copyright, trademark, or other proprietary notices displayed on or in connection with the Services.
Any unauthorized use of the Services or Content may result in suspension or termination of your access to the Services and may subject you to civil and criminal liability under applicable law. You agree not to access, scrape, crawl, harvest, index, or otherwise collect Content or data from the Services using automated means, including bots, spiders, web crawlers, or similar technologies, except as expressly permitted by LiveOne. Framing, in-line linking, mirroring, or embedding of the Services or Content, except through functionality expressly provided by LiveOne, is prohibited. You further agree to comply with any technical restrictions, exclusionary protocols, or access controls used by LiveOne, including robots.txt or similar standards.
LiveOne respects the intellectual property rights of others and expects users of the Services to do the same. If you believe that any Content available through the Services infringes your copyright, please follow the notice and takedown procedures described in Section 10 (Digital Millennium Copyright Act). LiveOne reserves the right to remove or disable access to any Content alleged to be infringing and to terminate repeat infringers in appropriate circumstances.
If you are a copyright owner or an agent thereof and believe that any content or User Postings (as defined herein) on the Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing to our designated Copyright Agent (see 17 U.S.C. § 512(c)(3) for further details):
Written notification of claimed infringement must be submitted to our Copyright Agent at contact@liveone.com. You may also submit notifications pursuant to this Section 10 by mail to: LiveOne Copyright Agent, LiveOne, 269 South Beverly Drive, Suite #1450, Beverly Hills, CA 90212. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid or effective. Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys' fees.
If you believe that materials you uploaded or posted on the Services were removed (or to which access was disabled) as a result of mistake or misidentification, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to applicable law to post such materials on the Services, you may send a counter-notice containing the following information to our Copyright Agent:
If a counter-notice is received by our Copyright Agent, LiveOne may send a copy of the counter-notice to the original complaining party informing that person that LiveOne may replace the removed material or cease disabling access to it in 10 business days. Unless the copyright owner files an action seeking a court order against the provider of the material or the User, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at LiveOne's sole discretion.
LiveOne has adopted and reasonably implements a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers of copyright.
The Services may provide you and other Users with an opportunity to participate in blogs, web communities, and other message, comment, and communication features and may provide you with the opportunity to submit, post, email, display, transmit, or otherwise make available photographs, graphics, comments, reviews, links, materials, ideas, opinions, messages, playlists, and other information via the Services (each, a "User Posting," and collectively, "User Postings"). By submitting User Postings, you acknowledge and agree that the term "User Posting" also includes, without limitation, and refers to all information you submit or that we may receive that is related to your User Posting.
You understand, acknowledge, and agree that all User Postings are the sole responsibility of the User who submitted the User Posting. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit, or otherwise make available through the Services.
User Postings do not reflect the views of LiveOne. You understand that by using the Services, you may be exposed to User Postings that could be offensive, indecent, or objectionable. LiveOne does not guarantee the accuracy, integrity, quality, or content of any User Posting. Under no circumstances shall LiveOne or its affiliates or their respective LiveOne Entities (as defined below) be liable in any way for User Postings, including, without limitation, any errors or omissions in any User Postings, or for any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted, or otherwise made available, including as set forth in Section 19 below.
LiveOne has the right, but not the obligation, to review any User Posting and to delete, remove, move, edit, or reject any User Posting, in whole or in part, without notice to you, for any reason or for no reason whatsoever; provided, however, that LiveOne shall have no obligation or liability to you or any third party for failing to do so or for doing so in any particular manner. LiveOne does not undertake any obligation to monitor User Postings and does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Posting.
You grant to LiveOne and its affiliates the unqualified, unrestricted, unconditional, unlimited, worldwide, non-exclusive, irrevocable, perpetual, and royalty-free right, license, authorization, and permission, including the right to sublicense, in any form or format, on or through any media or medium now known or hereafter developed, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, disseminate, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting for any purpose whatsoever (including, without limitation, promotional purposes), without accounting, notification, credit, or other obligation to you. LiveOne may license, sublicense, and authorize others to exercise any of the rights granted hereunder, in its sole discretion. For the avoidance of doubt, the rights, licenses, and privileges granted to LiveOne shall commence immediately upon submission of your User Posting and shall continue perpetually and indefinitely, regardless of whether you continue to use the Services or maintain a User Account.
LiveOne does not acquire ownership of User Postings. After you submit, post, email, display, transmit, or otherwise make available any User Posting, you retain any ownership rights you may have in such User Posting, subject to the rights, licenses, and privileges granted herein.
You represent, warrant, and covenant that:
Some of the Services may be dependent on, integrated with, or interoperate with third-party owned and/or operated platforms, websites, or services that are accessible through the Services or via hyperlinks (for example, Apple (including iTunes), Google (including Google Play, YouTube, etc.), Meta (including Facebook, Instagram, and Threads), X (formerly Twitter), Snapchat, and TikTok) (collectively, "Third-Party Platforms").
Third-Party Platforms may require you to be a registered user and to provide certain account credentials or other information to access their services or features made available in connection with the Services. Such Third-Party Platforms may provide application hosting, content distribution, promotions, advertisements, support, or other related services (collectively, "Third-Party Services"), and may also provide LiveOne with certain information about you, as disclosed in and subject to our Privacy Policy. We encourage you to review the terms and conditions and privacy policies of any Third-Party Platform you choose to access.
Your dealings with, or participation in promotions, transactions, or interactions with, any Third-Party Platform or Third-Party Service are solely between you and the applicable third party, and not LiveOne. Your use of Third-Party Platforms and Third-Party Services may be subject to additional terms and conditions imposed by those third parties.
LiveOne does not verify, endorse, control, or assume any responsibility for Third-Party Platforms, Third-Party Services, third-party content, products, services, or business practices, or for any changes, interruptions, suspensions, or discontinuance thereof. LiveOne is not responsible or liable for the availability, accuracy, reliability, or legality of any Third-Party Platforms or Third-Party Services, or for any loss or damage arising from your use of or reliance on them, including as set forth in Section 19 below.
Certain features, content, or services offered through the Services may be available only through a paid subscription or other fee-based offering (each, a "Subscription"). Subscription offerings, pricing, billing frequency (e.g., monthly or annual), and applicable terms will be disclosed to you at the time you sign up or purchase.
Subscription Eligibility and Authorization. To purchase a Subscription, you must be at least eighteen (18) years of age and reside in the United States or Canada, and you represent and warrant that all information you provide in connection with your purchase is accurate and complete. By purchasing a Subscription, you authorize LiveOne (or its third-party payment processors) to charge your selected payment method for the applicable subscription fees, taxes, and other charges described at checkout.
Automatic Renewal. Unless otherwise disclosed at the time of purchase, Subscriptions automatically renew for successive billing periods of the same duration (e.g., monthly or annually) until cancelled. The applicable subscription fee will be charged in advance of each billing period to the payment method on file, unless you cancel in accordance with the instructions below.
Free Trials and Promotional Offers. LiveOne may offer free or promotional trial Subscriptions from time to time. If you sign up for a free trial and cancel before the trial period ends, your access to the Subscription will terminate immediately upon cancellation. If you do not cancel before the end of the trial period, your Subscription will convert to a paid Subscription and your payment method will be charged the applicable subscription fee, unless otherwise disclosed at signup. Discounted paid promotional offers (if offered) are billed in advance for the disclosed promotional period and, unless cancelled, will renew at the then-current standard subscription rate.
Cancellation. You may cancel your Subscription at any time through an online cancellation mechanism or by contacting customer support. If you purchased your Subscription directly through the LiveOne website, you may cancel by logging into your account and managing your Subscription through your account settings or subscription management area. Upon cancellation, you will receive a confirmation of your cancellation by email.
If you purchased your Subscription through a third-party platform such as the Apple App Store or Google Play, cancellation must be completed through that platform in accordance with its applicable terms and procedures.
Unless otherwise required by applicable law or expressly stated at the time of purchase, cancellation of a paid Subscription will be effective at the end of the then-current billing period, and you will retain access to the Subscription through the end of that paid period. Cancellation of a free trial will result in immediate termination of trial access.
Refunds and Credits. Subscription fees are generally non-refundable. However, LiveOne may, in its discretion, issue refunds or credits on a case-by-case basis, including based on the timing of the request, the type of Subscription purchased, and account usage. Nothing in this Section limits any refund or cancellation rights that may be required under applicable law.
Billing, Payment Failures, and Taxes. Subscription fees are billed in advance for each billing period. If a payment attempt fails, LiveOne or its payment processor may retry the charge during a limited grace period and may suspend or terminate access to the applicable Subscription if payment is not successfully processed.
Applicable sales tax may be included in or added to the subscription price depending on the billing method and jurisdiction. Subscription pricing and billing currency will be disclosed at checkout.
Customer Support. For questions about Subscriptions, billing, cancellations, or refunds, you may contact customer support at support@liveone.com or review the cancellation instructions available at https://support.liveone.com.
Users may be entitled to additional rights regarding subscriptions, billing disclosures, cancellations, or refunds under applicable law in their jurisdiction.
Certain features, content, or services offered through the Services may require payment, including subscription-based offerings and other fee-based products or services (collectively, "Paid Services"). Any applicable pricing, billing frequency, and material terms will be disclosed to you prior to purchase, including during the checkout process or through applicable in-app purchase flows.
Eligibility to Purchase. You may only purchase Paid Services if you are at least eighteen (18) years of age and legally capable of entering into a binding agreement. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.
Billing and Payment Authorization. Unless otherwise disclosed at the time of purchase, charges for Paid Services are billed in advance of the applicable billing period. By purchasing or subscribing to a Paid Service, you authorize LiveOne (or its third-party payment processors) to charge your selected payment method for all applicable fees, recurring charges, taxes, and other amounts due in connection with your use of the Paid Services. LiveOne is not responsible for any overdraft, insufficient funds, or similar fees charged by your bank or payment provider in connection with any transaction.
For subscriptions purchased directly through the LiveOne website or web-based Services, payments are processed through LiveOne's payment processor. Subscriptions purchased through third-party platforms (such as Apple App Store or Google Play) are processed and billed by the applicable third-party platform and are subject to that platform's payment terms, billing practices, and refund policies.
Currency. Unless otherwise expressly disclosed at the time of purchase, all Subscriptions are billed in U.S. dollars (USD). A limited number of legacy subscriptions may continue to renew in Canadian dollars (CAD) based on the terms in effect at the time those subscriptions were originally established. Billing currency is determined at the time of subscription.
Taxes. Applicable sales tax or similar transactional taxes may be included in or applied to subscription charges, depending on the platform through which you purchase the Paid Services and your jurisdiction. Where required, taxes will be collected and remitted in accordance with applicable law.
Failed Payments. If a payment cannot be successfully processed, LiveOne (or the applicable third-party platform) may retry the charge, suspend access to Paid Services, or terminate the subscription in accordance with applicable law and platform rules. You remain responsible for any unpaid amounts.
Please Read the Following Clause Carefully - It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
Initial Dispute Resolution. We are available by email at contact@liveone.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), your and our relationship and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS (Los Angeles, CA office), in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration you shall pay for any costs and expenses associate with the arbitration. If we are required to pay any of the arbitration filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and if the arbitrator determines that such fees should be paid by us, we will use our commercially reasonable efforts to make arrangements to pay all necessary fees directly to JAMS. We will also not be responsible whatsoever for paying any other arbitration costs arising in connection with the arbitration initiated by you, other than costs incurred by you or your behalf for legal counsel, travel and other out-of-pocket costs and expenses incurred by you or on your behalf. You may be required to pay fees and costs incurred by us if you do not prevail in arbitration.
You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes.
Exception - Small Claims Court Claims. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Exception - California Private Attorneys General Act (PAGA) Action. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California's Private Attorneys General Act.
30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at contact@liveone.com. The notice must be sent within thirty (30) days of your agreement to these Terms of Use, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt-out of these arbitration provisions, we also will not be bound by them.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree that any litigation between you and us shall be filed exclusively in state or federal courts located in the County of Los Angeles, State of California (including any small claims court actions). You and we expressly consent to exclusive jurisdiction in County of Los Angeles, State of California for any litigation. In the event of litigation relating to these Terms of Service or the Service, you and we agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Limitations Period for Claims. No action arising out of these Terms of Use or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
Geographic Applicability. The arbitration and class action waiver provisions in this Section apply to users located in the United States and Canada to the fullest extent permitted by law. For users located outside of the United States and Canada, these provisions apply only to the extent permitted by applicable law, and Section 20 (Governing Law; Miscellaneous) will govern where arbitration is not permitted.
Certain LiveOne Apps and other Services may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your device may charge you data access fees in connection with your use of such LiveOne Apps and other Services, including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. Under no circumstances will LiveOne or its affiliates or their respective LiveOne Entities be responsible for any such data access fees and charges in connection with your use of any LiveOne Apps or other Services, including wireless internet, email, text messaging or other charges or fees incurred by you (or any person that has access to your device, telephone number, email address, User Account or other similar information). Further, the use or availability of certain LiveOne Apps and other Services may be prohibited or restricted by your wireless carrier and/or data access provider, and not all LiveOne Apps and other Services may work with all wireless carriers, networks, platforms, services or devices.
These Terms of Use, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you without LiveOne's prior written consent. We may freely assign or transfer these Terms of Use. These Terms of Use (including all incorporated terms) inures to the benefit of and is binding upon you and us, and our respective LiveOne Entities.
You agree, to the fullest extent permitted by applicable law, to release, defend, indemnify, and hold harmless LiveOne, its affiliates, successors, and assigns, and their respective directors, officers, employees, representatives, agents, consultants, advisors, licensors, service providers, partners, and related companies (collectively, the "LiveOne Entities") from and against any and all claims, liabilities, obligations, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
LiveOne will provide you with prompt notice of any claim subject to indemnification. The LiveOne Entities reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with such defense and any related settlement negotiations.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE LIVEONE ENTITIES TO YOU.
Entire Agreement/Severability. These Terms of Use, including all terms incorporated by reference, contain the entire understanding and agreement between you and LiveOne concerning the Services and your use thereof, and supersede any and all prior or inconsistent understandings relating to the Services and your use thereof. These Terms of Use cannot be changed or terminated orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable.
Governing Law. These Terms of Use and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of California (notwithstanding the state's conflict of laws provisions) applicable to contracts made, executed and wholly performed in California. Notwithstanding the foregoing, mandatory consumer protection laws in your country of residence may apply to the extent they cannot be contractually waived.
Interpretation. In construing or interpreting these Terms of Use, the headings are for convenience only, and are not to be considered.
For assistance with technical issues, subscription questions, cancellations, refunds, or other customer support inquiries, please contact us by email at support@liveone.com. Additional support resources, including FAQs and self-help articles, may be available through the LiveOne Help Center or within the Services from time to time.
When you visit the Site, use the Services, create a User Account, or send emails or other communications to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically, including agreements, notices, disclosures, updates, and other information related to your use of the Services.
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Electronic communications may include notices delivered through the Services, email, in-app messages, push notifications, or other electronic means.
