Last Updated: June 19, 2018
Please read these Terms and Conditions (“Terms”) carefully as they contain important information regarding your legal rights, remedies and obligations. By expressly consenting to these Terms when you register for a Liv Account (defined below) and periodically as these Terms are updated, you agree to comply with and be bound by these Terms.
Thank you for using the Liv App.
These Terms constitute a legally binding agreement (“Agreement”) between you and Liv Strategies Inc. and its affiliates (“Liv”, “we”, “us” and “our”) governing your access to and use of the Liv website (https://liv.rent/), including any subdomains thereof at any time, and any other websites through which we make the Liv Services (defined below) available (collectively, “Site”), our mobile, tablet and other smart device applications and web and desktop application program interfaces (collectively, “Application”) and all associated services (collectively, “Liv Services”). The Site, Application and Liv Services are together hereinafter collectively referred to as the “LivPlatform”.
When these Terms mention “you”, “your”, “Customer” or similar terms, this means the person or legal entity accessing or using the Liv Services. If you are accessing and using the Liv Services on behalf of a company (such as your employer, client or contracting entity) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement.
We reserve the right, at any time, to update and change any or all of these Terms, in our sole discretion. We will not reduce your rights under these Terms without your explicit consent. When we introduce changes, we will notify you of any changes to the Terms with an alert within the Liv Platform and request your consent to these Terms. We will also send an email update to our Members and subscribers to our newsletters and updates of such changes to the Terms. We will always indicate the date the last changes were published where “Last Updated” is noted above. We offer access to archived versions of the Terms for your review by emailing our Privacy Officer at firstname.lastname@example.org.
Capitalized terms shall have the meanings set forth in this section, or in the sections where they are used.
i. LIV and LIV APP. Liv also refers to the trademark used to refer to the Liv Platform, the Site and the Application through which the Liv Services are provided, whether registered or unregistered at any time hereafter with the applicable governmental authorities in such jurisdictions as deemed necessary by Liv, and Liv App equally has the same use and definition herein.
ii. MEMBER. A user who completes Liv’s registration process as described under “Account Registration” below, creating a Liv Account for use on the Liv Platform.
iii. LISTING. A rental that is listed as available for rent via the Liv Platform.
iv. LANDLORD. A User who creates a Listing for rent via the Liv Platform. This includes any agent or property manager who, as an employee, contractor or agent for a Landlord creates and manages Listings on the Liv Platform on behalf of such parties with the authority of such Landlord.
v. RENTER. A Member who desires to rent or lease a Listing.
vi. TENANT. A Member who has entered into a Tenancy Agreement with a Landlord via the Liv Platform.
vii. USER. Any user of the Liv Services provided through the Liv Platform, which can include a Member, a Member who is a Renter and or a Tenant, a Landlord and or an agent on the Landlord’s behalf.
viii. USER CONTENT. All information and data, including text, images, photos, videos, audio, documents and any User-generated content in any media and format that a User of the Liv Services posts, uploads, publishes, submits, makes available or transmits to be made available through the Site, Application or Liv Platform generally.
In these Terms, words referring to a singular number include the plural and vice versa, words importing any gender include all genders and words importing persons include all legal persons, which means individuals and legal entities of all types. The term “including” means “including without limiting the generality of the foregoing”.
The Liv Platform is an online platform that connects Landlords with Renters and vice versa by matching with Listings. The Liv Platform facilitates all aspects of the residential rental process such as providing for Listings searches, submitting tenancy applications, credit verification and signing tenancy agreements provided through services accessible therein and made available from the Site and the Applications.
The Liv Platform serves as an online community only where Members meet online and communicate with each other based on their shared objective to meet appropriate parties with whom to enter into residential tenancy contracts in relation to Listings. We urge all Users to be responsible about their use of the Liv Services and any contract entered into regarding the rental of a residential property.
As the provider of the Liv Platform, Liv does not own, create, sell, resell, control, manage, offer, deliver or supply any Listings and Liv is not a party to any rental, lease, property management or other agreement between Users in relation to any Listings. When Users create a Tenancy Agreement amongst them, they are entering into a contract directly with each other. Liv is not and does not become a party to any Tenancy Agreement or contractual relationship between Landlords and Renters, nor is Liv a real estate broker, agent, property manager, insurance provider, legal professional or other professional advisor. Liv has no control over the conduct of Landlords, Renters, and other Users of the Liv Platform and Liv is not acting as an agent in any capacity for any User.
As a result, Liv has no control over and does not guarantee: (i) the existence, quality, safety, suitability, condition or legality of any of the Listings or properties appearing therein, including without limitation the legality of any short-term rentals offered by any Landlords on the Liv Platform; (ii) the truth or accuracy of the Listings and their descriptions, or any User Content uploaded at any time in relation to the Listings; (iii) the legal authority of the Landlords to rent such properties contained within the Listings to prospective Renters or the financial ability of Renters to pay lease payments in relation to such properties; or (iv) the performance or conduct of any User or any third party at any time. Any reference to a User being “verified” (or similar language) only indicates that the User has completed their Liv Profile (defined below) with relevant verification and identification details as discussed further below. Any reference to a User possessing a Liv Score (defined below) is based on the Personal Information provided by the User to Liv for disclosure to a Credit Agency (defined below) and the resulting information provided by such Credit Agency to Liv for inclusion in the Liv Score, however Liv does not have any control over and does not guarantee the accuracy of that Personal Information and the Credit Score provided by the Credit Agency. Any description as “verified” or reference to the User possessing a Liv Score is not an endorsement, certification or guarantee by Liv regarding the User, confirmation of their identity or background, or of their trustworthiness or suitability as a residential tenant.
To use certain features within the Liv Platform, we will invite you to register to create an account on the Liv Platform (“Liv Account”) to access and use certain features of the Liv Platform such as creating a Listing, communicating with a Member regarding a Listing and signing a Tenancy Agreement as a Member. Some Users may only require the functionality of creating and or reviewing and signing a Tenancy Agreement (as defined below) within the Liv Platform and will not seek access to and or use the further remaining features of the Liv Platform.
We will invite you to complete a personal profile on the Liv Platform via your Liv Account (“Liv Profile”), at your sole discretion, which may include your address, geographical area, profession, salary range and a photograph uploaded by you, in addition to any details regarding your roommate (“Roommate”). If completed by you, certain parts of your Liv Profile, including your profile picture, first name, and description, will appear to other individual users of the Liv Platform (each a “Member”, together the “Members”), however these will not be publicly visible on the Internet to anyone not signed into the Liv Platform.
By registering a Liv Account for a Person, you represent and warrant that you have the authority to legally bind that Person and grant us all permissions and licenses provided in these Terms.
You can register Liv Account using a phone number and SMS-text verification. You must provide accurate, current and complete information during the registration process and keep your Liv Account and public Liv Account profile page (“Liv Profile”) information updated at all times. You may not register more than one (1) Liv Account unless Liv authorizes you to do so. You may not assign or otherwise transfer your Liv Account to another party. Liv reserves the right to suspend or terminate your Liv Account and your access to the Liv Platform if you create more than one (1) Liv Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for maintaining the confidentiality and security of your Liv Account credentials, and you agree that you will take sole responsibility for any activities or actions under your Liv Account, whether or not you have authorized such activities or actions. You will immediately notify Liv of any unauthorized use of your Liv Account if such activity exists or is suspected.
You must be at least 18 years of age and able to enter into legally binding contracts in order to access and use the Liv Platform and or register for a Liv Account. By accessing or using the Liv Platform you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a legally binding contract.
Listings. As a Member, you may create Listings. You will be asked to provide information regarding the rental property to be listed (“Rental”), including, but not limited to, the location, building name, lease price, lease term, size, features, furnishings, appliances, building amenities, rental restrictions and photos of the Rental. Members will be able to view your Listings via the Liv Platform based upon the information provided in your Listing and the criteria in their searches for properties. Visitors to Third Party Sites (i.e. Craigslist, Kijiji, etc.) will be able to view your Listing outside of the Liv Platform if you select to export your Listing from the Liv Platform to such sites.
You agree to use the most accurate, current and complete information about your Listing and to update such information to keep it accurate, current and complete. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post (a) will not breach any agreements you have entered into with any third parties and (b) will (i) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Rental included in a Listing you post on the Liv Platform and (ii) will not conflict with the rights of any third parties at any time. Please note that Liv assumes no responsibility for a Landlord’s compliance with all applicable laws, rules, and regulations. Liv reserves the right, at any time and without prior notice, to remove or disable access to any Listing via the Liv Platform for any reason, including Listings that Liv, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to any Users or to the integrity of the Liv Platform and the safe and trusted environment that Liv is committed to provided thereon.
You understand and agree that Liv does not act as an insurer or as a contracting agent for you as a Landlord. If a Renter signs a Tenancy Agreement with you for your Rental, any Tenancy Agreement that you enter into with such Renter is between you and the Renter and Liv is not a party thereto. Further, Liv does not act as a professional advisor or legal professional in reviewing any Tenancy Agreement that you enter into with any Renters and therefore Liv disclaims any liability thereto.
By creating a user profile and/or using the Liv Platform, you grant Liv a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to use any and all of your User Content that you post/generate through using the Liv Platform. This license ends when you delete content from your account or close your account, unless the content was previously shared with others and has not been deleted. We encourage users to control the information they share using the platform’s privacy settings.
You are solely responsible for all User Content that you make available on or through the Liv Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Liv Platform or you have all rights, licenses, consents and releases that are necessary to grant to Liv the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Liv's use of the User Content (or any portion thereof) in connection with the Liv Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information), misrepresentative or deceptive; (ii) is defamatory or libelous; (iii) is obscene, pornographic, vulgar or offensive; (iii) promotes discrimination or bigotry of any sort to any Persons, or constitutes harassment or potential harm of any sort to any Persons; (iv) is violent or threatening or promotes violence or actions that are threatening to any Person; or (v) promotes illegal or harmful activities or conduct. Liv may, without prior notice and in its sole discretion, remove or disable access to any User Content that Liv finds to be in violation of these Terms, or otherwise may be harmful or objectionable to Liv, its Members, third parties, or property.
Liv respects copyright law and expects its Members to do the same. If you believe that any content on the Liv Platform infringes the copyright that you may own in any material, please notify us at email@example.com.
a. No Obligation to Pre-Screen Content. You acknowledge that Liv has no obligation to pre-screen any User Content, although Liv reserves the right, in its sole discretion, to pre-screen, refuse or remove any User Content for any reason at any time. Without limiting the foregoing, Liv shall have the right, in its sole discretion, to remove any User Content that violates the Terms or is otherwise objectionable. By accepting and agreeing to these Terms, you hereby provide your irrevocable consent to such rights reserved by Liv in relation to User Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content you upload, transmit, distribute, post, email or otherwise make available (“Make Available”) via the Liv Platform (“Your Content”), including without limitation chat, text, or voice communications within the Liv Platform.
b. Storage. Liv has no obligation to store any of Your Content that you Make Available on the Liv Platform. Liv has no responsibility or liability for the deletion or accuracy of any User Content, including Your Content; the failure to store, transmit or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Liv Platform.
The Liv Platform will enable Renters to request a credit history report (“Credit Report”) to be prepared regarding their credit history by a third party credit reporting agency (“CreditAgency”), which Credit Report will be used to gain a credit score (“Credit Score”) that forms part of our proprietary tenant score, the “Liv Score”, which is a weighted average derived from the aggregate of the Credit Score, any financial verification documents you upload to the Liv Platform solely for such purposes, confirmation of your employment history via LinkedIn and the results of searches on publicly available government agency database.
When a Member chooses to obtain a Liv Score from within the Liv Platform, the Member provides his/ her social insurance number, credit card number or driver’s license number (“Member ID”) within the Liv Score form on the Liv Platform and on the Member’s consent, the Member ID is forwarded to Amazon Web Services which encrypts the Member ID and sends it to the Credit Agency for processing. Amazon Web Services subsequently receives the Credit Report, if available, and will send the Credit Report to the Liv Platform, which immediately processes the Credit Score to classify the Credit Score as a certain weighted percentage in the Liv Platform and the Liv Platform subsequently destroys the Credit Report, without any storage, copy, reproduction or replication thereof on the Liv Platform. Upon receipt of the additional financial verification documents and the results of the additional publicly available Internet searches, the Liv Platform generates a Liv Score comprised of the weighted percentages of all the foregoing, which Liv Score is one of five potential scores: Excellent, Great, Average, Poor and Unknown Score, which may result when a Member does not have sufficient credit reporting and or other personal and financial verification details to weight in a score.
For the avoidance of any doubt, the Credit Score is never going to be disclosed in and of itself to Landlords or the Renter authorizing the Credit Score to be obtained by Liv as the Credit Score will always be encapsulated within and form part of the Liv Score, and will be indistinguishable as the Credit Score from the balance of the Liv Score.
If you request a Credit Report via the Liv Platform, you acknowledge and agree that, as between Liv and the Credit Agency, the Credit Agency is solely responsible for each Credit Report and the content thereof, including the accuracy, completeness, timeliness and reliability thereof. Liv does not provide and therefore is not responsible for any Credit Reports generated by any Credit Agency, including the accuracy, completeness, timelines, and reliability thereof. The ultimate decision as to whether to rent to any Person is solely within the discretion of the applicable Landlord, and Landlords are under no obligation to rent, or provide preference, to any Person who has requested a Liv Score through the Liv Platform as set out above.
For the avoidance of any doubt, Liv cannot and does not control the content contained in any Listings and the condition, legality or suitability of any Listings. Liv is not responsible for, does not provide any warranty in relation to, and any disclaims any and all liability related to any and all Listings. Accordingly, any Tenancy Agreement entered into between Landlords and Renters via the Liv Platform will be made at each party’s own risk.
The following terms in this section apply to everyone who: (1) signs up to receive one or more SMS message and/or messages from Liv, or (2) sends us messages via SMS.
When you sign up for Liv’s text alert program you are expressly consenting to receive text messages on behalf of Liv, to verify that you are human and that you are the person that created or is using your Liv Account (“Text Services”). You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.
Text Services are the only way that you can log into your Liv Account. Therefore, if at any time you do not wish to continue receiving Text Services, then you will be required to cancel your Liv Account in order to do so.
You may opt out of the Text Services at any time by texting the word STOP to +1 (807) 788-8801 from the enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from Liv regarding the verification of your identity. If you need help with our Text Services, then please email: firstname.lastname@example.org.
We do not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Text Services.
The Text Services may not be available in all areas at all times. SMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS messages to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Liv Platform. You also agree that you may not and you agree that you will not:
a. violate any local, state, provincial, national or other law, regulation or court order, nor knowingly engage in any transaction that is illegal and contrary to any applicable law;
b. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Liv Platform;
c. use the Liv Platform for any commercial or other purposes that are not expressly permitted by these Terms;
d. copy, store or otherwise access any information contained on the Liv Platform for purposes not expressly permitted by these Terms;
e. infringe the rights of any Person, including without limitation, its/his/her intellectual property, privacy, publicity or contractual rights;
f. interfere with or damage our Liv Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or “IP spoofing”, forged routing or electronic mail address information or similar methods or technology;
g. use our Liv Platform to transmit, distribute, post or submit any information concerning any other Person, including without limitation, photographs of others without their permission, personally identifiable information, financial information or other information in which such Person holds a privacy interest;
h. use our Liv Platform in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to rentals in a private dwelling or building;
i. "stalk" or harass any other user of our Liv Platform or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Renter or Landlord;
j. offer, as a Landlord, any Rental that you do not yourself own or have permission to rent as a residential or other property or that may not be rented or subleased in breach of any agreement with a third party to which you are bound;
k. contact any other User of the Liv Platform for any purpose other than to correspond in direct relation to Listings and Rentals;
l. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
m. use automated scripts to collect information or otherwise interact with the Liv Platform;
n. as a Landlord, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;
o. Make Available any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
p. use, display, mirror or frame the Site or Application, or any individual element within the Liv Platform, any Liv IP (as defined below), whether registered or unregistered with any governmental authority, or the layout and design of any page or form contained on a page, without Liv's express written consent;
q. access, tamper with, or use non-public areas of the Site or Application, the Liv Platform, Liv's computer systems, or the technical delivery systems of Liv's providers;
r. attempt to probe, scan, or test the vulnerability of any Liv system or network or breach any security or authentication measures;
s. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Liv or any of Liv's providers or any other third party (including another user) to protect the Liv Platform;
t. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Liv Platform to send altered, deceptive or false source-identifying information;
u. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Liv Platform; or
v. advocate, encourage, or assist any third party in doing any of the foregoing.
Liv may suspend or terminate your access to the Liv Services for your breach or attempted breach of any of the foregoing in addition to any abusive practices that Liv, in its sole discretion, deems harmful or offensive to other Users and or members of the general public or that may degrade the performance and trust environment of the Liv Services for you and or other Users.
Liv is very concerned with safeguarding your Personal Information and we build security into our Services in order to protect your Personal Information. We work hard to protect you, all of our Users and the Liv Platform from unauthorized access, alteration, disclosure or destruction of information that is stored on the Liv Platform and to ensure its security.
We use AES-256-ctr encryption of all sensitive Personal Information on the Liv Platform and while in transit to AWS. We review our information collection, processing, storage, retention and destruction practices and compliance, including without limitation physical and online security measures in relation thereto, in order to monitor and prevent the unauthorized access to our systems.
We will disclose details of any breach of the security, confidentiality or integrity of the Liv Platform and any Personal Information stored within the Liv Platform by email and or by an alert on the Liv Platform in the most expedient time possible and without unreasonable delay, insofar as this is consistent with (i) the legitimate needs of law enforcement in relation to any investigation or other legal process; or (ii) any measures necessary to determine the scope of the breach and restore the integrity of the Liv Platform.
Liv will have the right to investigate and prosecute violations of these Terms to the fullest extent of the law. Liv may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge and agree that Liv has no obligation to monitor your access to or use of the Liv Platform or to review or edit any User Content, shall have the right to do so, in its sole discretion, and to remove or disable access to any User Content or Your Content for any reason (or no reason), including if such Content violates these Terms or otherwise harmful to the Liv Platform.
a. User Responsibility. You are solely responsible for your interactions with other Users of the Liv Platform and any other parties with whom you interact through your use of the Liv Services; provided, however, that Liv reserves the right, in its sole discretion, but not the obligation, to intercede in such disputes. You agree that Liv will not be responsible for any liability incurred as the result of such interactions.
b. Content Provided by Other Users. The Liv Platform may contain User Content provided by other Users. Liv is not responsible for and does not control User Content. Liv has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
c. Renting Decisions. Landlords are under no obligation to rent to you or any Person. If you obtain a Liv Score, any Landlord to whom you provide such Liv Score via the Liv Platform is under no obligation to accept any such Liv Score or to agree to enter into a Tenancy Agreement with you in relation to a Listing by virtue of your Liv Score or the creation thereof. You acknowledge and agree that all renting decisions are within the sole discretion of the applicable Landlord, and Liv has no control of any Landlord, including any business decisions regarding prospective Renters. Landlords should exercise due diligence in vetting prospective Renters through their own processes in addition to the use of the Liv Platform in deciding whether to rent to and contract with prospective Renters.
a. Ownership. The Liv Platform and User Content may in its entirety or in part be protected by copyright, trademark, trade secret, patent and or other laws of Canada and applicable foreign countries. You acknowledge and agree that the Liv Platform and all User Content, including all associated intellectual property rights therein and thereto, in addition to all other proprietary information related thereto (collectively, “Liv IP”) are the exclusive property of Liv and or its licensors or authorizing third parties, as applicable. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Liv Platform or User Content. All trademarks, service marks, logos, trade names and any other source identifiers of Liv used on or in connection with the Liv Platform or User Content are trademarks or registered trademarks of Liv in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Liv Platform or User Content are used for identification purposes only and may be the property of their respective owners.
b. Application License. Subject to your compliance with these Terms, Liv grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple Inc.’s proprietary operating system), or (ii) on devices that run the Android (Google Inc.’s proprietary operating system). Furthermore, with respect to any App Store Sourced Application accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g., Apple App Store’s “Usage Rules”) (the “Usage Rules”) when using the App Store Sourced Application. Liv reserves all rights in the Application not expressly granted to you by these Terms. You will not use, copy, adapt, modify, prepare derivative works of, distribute in any way, license, sell, transfer, publicly display, publicly perform, transmit or broadcast or otherwise use or exploit the Liv Platform or the User Content except to the extent that you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Liv or its licensors, except for the licenses and rights expressly granted in these Terms.
c. Your Content. Liv does not claim ownership of Your Content. However, when you post or publish Your Content on the Liv Platform, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or incorporate it in other words in any form, media, or technology now known or later developed. You hereby grant to Liv a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense through multiple tiers of sublicenses, to use, copy, modify, distribute, publicly display, publicly perform, digitally transmit, and otherwise exploit such Your Content on, through, or by means of the Liv Platform.
e. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Liv through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Liv has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Liv a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Liv Platform.
By accepting these terms and conditions, you give us explicit permission to share your non-sensitive Personal Information (age, location, etc.) with our third party business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you; however, you can opt out of receiving such communications at any time by selecting “unsubscribe” within the email message received from any such third party.
You may cancel your Liv Account at any time by sending an email to email@example.com that includes your full name and email address used to set up your Liv Account and your Liv Account will be deactivated within three (3) business days. Once a Liv Account has been deactivated, all Personal Information (except as identified below) will be deleted, including back-up files and cache, within five (5) business days, subject to any non-personally identifiable information that has been collected as Log Data, etc. during the course of your use of the Liv Account and as set out below. Your Personal Information that was otherwise previously disclosed in tenancy applications and Tenancy Agreements that you have completed and authorized to be distributed via the Liv Platform with prospective and actual Landlords will not be permanently deleted due to your consent to disclose such Personal Information for the use thereof by such third parties in order to complete and enter into the tenancy applications and the Tenancy Agreements via the Liv Services. Your name will appear in the record of any correspondence that you and any prospective Landlords had within the Liv Platform since this was authorized by you and shared with a third party. You can ask us for a record of all of the tenancy applications and Tenancy Agreements that you entered into while you maintained your Liv Account by sending us an email at: firstname.lastname@example.org.
Termination of any of the Liv Services includes, without limitation, removal of access to your Liv Account and termination of your further access to and use of the Liv Services. Termination of all Liv Services also includes deletion of your password and all related information, files and Content associated with or inside your Liv Account (or any part thereof), including Your Content that you Make Available on or via your Liv Account.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to the Liv Platform, and or (b) deactivate or terminate your Liv Account.
Upon termination of your Liv Account, your right to use such Liv Services will terminate immediately. You understand that any termination of the Liv Services may involve deletion of Your Content associated therewith from the Liv Platform. Liv will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of these Terms which by their nature should survive, shall survive termination of the Liv Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE LIV PLATFORM IS AT YOUR SOLE RISK, AND THE LIV PLATFORM, INCLUDING THE LIV SERVICES PROVIDED THEREIN AND VIA THE SITE AND APPLICATION, ARE, PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOU ACKNOWLEDGE AND AGREE THAT LIV DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND LANDLORDS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. LIV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT. LIV MAKES NO WARRANTY THAT THE LIV PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LIV MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES. LIV MAKES NO WARRANTY OR REPRESENTATIONS REGARDING EITHER THE COMPLETENESS OR RELIABILITY OF ANY TENANCY AGREEMENTS YOU MAY PRODUCE USING THE LIV PLATFORM, OR THE LEGAL AUTHORITY AND VALIDITY OF SUCH TENANCY AGREEMENTS AT ANY TIME HEREINAFTER.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIV OR THROUGH THE LIV PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE LIV PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE LIV PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY LANDLORDS OR RENTERS. YOU UNDERSTAND THAT LIV DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE LIV PLATFORM OR TO REVIEW OR VISIT ANY RENTALS TO VERIFY THE ACCURACY OF THE LISTING, ITS CONDITION OR SUITABILITY FOR HUMAN INHABITATION. LIV MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE LIV PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE LIV PLATFORM. LIV EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
ALL DECISIONS WHETHER TO RENT TO ANY INDIVIDUAL ARE SOLELY WITHIN THE DISCRETION OF THE APPLICABLE LANDLORD. YOU ACKNOWLEDGE AND AGREE THAT LIV HAS NO CONTROL OVER THE RENTING DECISIONS OF ANY LANDLORD. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ALL CREDIT REPORTS PROVIDED BY CREDIT AGENCIES VIA THE LIV SERVICES ARE SOLELY FOR YOUR CONVENIENCE AND FOR NO OTHER PURPOSES. LANDLORDS ARE UNDER NO OBLIGATION TO RENT TO ANY INDIVIDUAL WHO PROVIDES A LIV SCORE REPORT, NOR ARE LANDLORDS UNDER ANY OBLIGATION TO ACCEPT ANY LIV SCORE. AS BETWEEN LIV AND THE CREDIT AGENCY, THE CREDIT AGENCY IS SOLELY RESPONSIBLE FOR ALL CREDIT REPORTS, INCLUDING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF.
NEITHER LIV NOR ANY OF ITS THIRD PARTY PARTNERS OR SUPPLIERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LIV PLATFORM, INCLUDING LOST PROFITS, LOSS OF DATA OR ANY DAMAGES OR COSTS DUE TO LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS (EXCLUDING LIV’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), FROM THE USE OF OR INABILITY TO USE THE LIV PLATFORM, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE LIV PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE LIV PLATFORM FROM YOUR LISTING OF ANY RENTAL VIA THE LIV PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold Liv, and its officers, directors, shareholders, employees, contractors, agents and professional advisors, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees (on a solicitor and own client basis), arising out of or in any way connected with (a) your access to or use of the Liv Platform or your violation of these Terms; (b) Your User Content; (c) your interaction with any Member; or (d) your Listing(s).
The following applies to any application (“App Store Sourced Application”) accessed through or downloaded from an application store or inventory (“App Store”):
b. You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
c. Liv is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store, and the App Store will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Liv and the App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Liv.
d. You and Liv acknowledge that, as between Liv and the App Store, the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e. You and Liv acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Liv and the App Store, Liv, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
f. You and Liv acknowledge and agree that the App Store, and the App Store’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
g. Liv’s contact information for any end-user questions, complaints or claims with respect to the App Store Sourced Application is set forth below.
h. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Liv and you regarding the Liv Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the parties with respect to such subject matter.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Liv's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Liv may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Liv (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You may give notice to Liv at the following address: email@example.com.
Electronic Communications. The communications between you and the Liv use electronic means, whether you visit the Liv Platform or send the Liv e-mails, or whether the Liv posts notices on the Liv Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Liv in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Liv provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Governing Law. These Terms will be interpreted in accordance with the laws of the province of British Columbia and the federal laws of Canada as applicable.
Arbitration. Most Users’ concerns can be resolved quickly and to our Users’ satisfaction by writing to our Customer Experience Department by contacting us by email at firstname.lastname@example.org or by mail to: Liv, Attn: Customer Experience Department, 1A-1601 Bayshore Dr, Vancouver, British Columbia V6G 2V4. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally) within thirty (30) days after the initial notice of such issue to the other party, or other time period agreed upon in writing, if any such disputes arises out of or relates to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Liv Platform (“Dispute”), then we agree that such Dispute will be settled by binding arbitration and the Dispute shall be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre pursuant to its Rules. You agree that the place of such arbitration shall be Vancouver, British Columbia, Canada. Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, whether registered or unregistered at any time. If Liv changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Liv's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Liv in accordance with the provisions of this Arbitration section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Waiver; Severability. The failure of Liv to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Liv. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Force Majeure. Liv shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Contacting Liv. If you have any questions about these Terms or the Liv Platform generally, please contact us at firstname.lastname@example.org.