LIKE LABS TERMS OF USE AGREEMENT LAST REVISED ON: 12TH OF DECEMBER 2024
Welcome to Like Labs! PLEASE READ THIS TERMS OF USE AGREEMENT (“TERMS”) CAREFULLY. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND LIKE LABS, INC. (“LIKE LABS,” “WE,” “US” OR “OUR”) governing your use, and
Like Labs’ provision to you of https://favorited.com/, or any other website of Like Labs with a link to these Terms (the “Site”), our mobile application(s) (each, an “App”), our web application, and any content, information, services, features, or resources available or enabled thereon (collectively, the “Services”). Your use of the Services may be subject to any additional terms, conditions, and policies that we separately post on the Services and any agreements that you have separately executed with Like Labs (“Supplemental Terms”) which are incorporated by reference into these Terms, (together, the Agreement”). To the extent there is any conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.
BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (ii) IF YOU ARE A VIEWER THAT MAKES PURCHASES ON THE SERVICES OR IF YOU ARE A STREAMER, YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD, AND IF YOU USE THE SERVICES AS A PASSIVE VIEWER (AND DO NOT PURCHASE A FAVORITED SUBSCRIPTION OR OTHERWISE MAKE ANY PURCHASE ON THE SERVICES) YOU ARE AT LEAST THIRTEEN (13) YEARS OLD; AND (iii) YOU ARE NOT A PERSON OR ENTITY BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT OR OTHERWISE ACCESSING OR USING THE SERVICES IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY AGREE THAT: (i) THE TERM “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND SUCH INDIVIDUAL; AND (ii) THAT THE INDIVIDUAL ENTERING INTO THIS AGREEMENT HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY.
AUTOMATIC RENEWAL
IF YOU PURCHASE ACCESS TO A FAVORITED SUBSCRIPTION, THEN YOUR FAVORITED SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AFTER THE EXPIRATION OF THE FAVORITED SUBSCRIPTION PERIOD AT THE FREQUENCY YOU ELECT AT THE TIME OF PURCHASE. FAVORITED SUBSCRIPTIONS WILL RENEW AT LIKE LABS’ THEN-CURRENT SUBSCRIPTION PRICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR FAVORITED SUBSCRIPTION IN ACCORDANCE WITH THE FAVORITED SUBSCRIPTION TERMS AND CONDITIONS BELOW.
IMPORTANT INFORMATION ABOUT ARBITRATION, CONSENTS AND UPDATES TO THE AGREEMENT
PLEASE BE AWARE THAT SECTION 17 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND LIKE LABS HAVE AGAINST EACH OTHER WILL BE RESOLVED, INCLUDING WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE AGREEMENT. SECTION 17 CONTAINS, AMONG OTHER THINGS, AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND LIKE LABS BE RESOLVED BY BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THE AGREEMENT: (I) YOU AND LIKE LABS WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND EACH OF US WAIVES OUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (II) EACH OF US IS WAIVING OUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
COMMUNICATIONS
PLEASE BE AWARE THAT SECTION 9 OF THE AGREEMENT BELOW CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS AND PUSH NOTIFICATION.
HOW THE SERVICES WORK. Like Labs offers a platform that allows certain users (“Streamers”) to connect with one another on the Services to live stream video game competitions. Community members (“Viewers”) rally behind Streamers and create connections with Streamers by engaging with Streamers’ live broadcasts of competitions (“Streaming Content”) and by accessing (a) a Streamer’s public profile (“Public Profile”) or (b) a Streamer’s members-only profile (“Favorited Subscription Profile”, together with the Public Profile, a Streamer’s “Streamer Profile”) on a paid, subscription basis (each subscription, a “Favorited Subscription”). Streamers may publish generally available content for Viewers to access on their Public Profiles, or Streamers may surface content to subscribing Viewers only through the paid Favorited Subscriptions (collectively, “Profile Content”). Viewers can engage with Streamers and other users by accessing a Streamer’s [live newsfeed that functions as a rolling group chat].
VIEWER TERMS. In addition to engaging with Streaming Content as part of a public live-stream or a Favorited Subscription offering, Viewers may also elect to load in-app Coin (as defined below) currency to their accounts. Viewers can show support for Streamers of their choice by sending digital content gifts to Streamers through the Services (“Gifts”).
STREAMER TERMS.
Generally. You are solely responsible for all Streaming Content and Profile Content uploaded, streamed, provided, or shared through the Services. On your Profile, you can upload certain Profile Content including profile picture, bio and other profile details. Subject at all times to compliance with this Agreement, you will decide in your sole discretion: (a) the Streaming Content to live stream and all Profile Content you surface in connection with your Profile; (b) the quantity of Profile Content you post; (c) the frequency, times and days you go live on the Services; and (d) for providing any equipment needed to participate as a Streamer on the Services. Like Labs is a live- streaming service, and in support of this you agree that your Streaming Content will primarily consist of live content, and that when live-streaming you will generally engage with other Streamers on the platform who may be competing with you, along with other Viewers through chat or through other interactive features of the Services.
Trademark License.
Like Labs hereby grants to Streamer a nonexclusive, non-transferable, worldwide, royalty- free right and license to use Like Labs’ trademarks and logo (collectively “Like Labs Marks”) for the purpose of promoting the Services on social media, including by promoting Like Labs’ subscription offerings. Use of the Like Labs Marks shall inure exclusively to the benefit of Like Labs, and Streamer shall not acquire any rights therein. If Like Labs notifies Streamer that Streamer’s use of the Like Labs Marks is not in compliance with Like Labs’ trademark policies which may be provided from time to time, Streamer shall immediately take such steps as are necessary for compliance with such policies. If Streamer fails to comply, Like Labs shall have the right to suspend Streamer’s use of the Like Labs Marks.
Streamer hereby grants to Like Labs a perpetual, nonexclusive, non-transferable, worldwide, royalty-free right and license, with the right to sublicense, to use, reproduce, publicly display and distribute Streamer’s trademark(s), name and logo(s) (collectively “Streamer Marks”) and Streamer’s voice, appearance, likeness and all other rights of publicity and aspects of Streamer’s identity (collectively, “Likeness”) in connection with the Services. Use of the Streamer Marks shall inure exclusively to the benefit of Streamer, and Like Labs shall not acquire any rights therein.
No Employment Relationship. Neither this Agreement nor your performance hereunder creates an association, partnership, joint venture or relationship of principal and agent (other than the limited agency
appointment as set forth in section 6.2(d), or employer or employee, between Like Labs and you, or between Like Labs and your employees and agents. You and Like Labs each agree that you (and your employees and agents, if applicable) will not receive any Like Labs-sponsored benefits from Like Labs where benefits include, but are not limited to, paid vacation, sick leave, medical insurance and 401k participation. If you, your employees or agents, are reclassified by a state or federal agency or court as Like Labs’ employee, you, and your employees or agents, as applicable, will become a reclassified employee and will receive no benefits from Like Labs, except those mandated by state or federal law, even if the terms of Like Labs’ benefit plans or programs in effect at the time of such reclassification would otherwise render you, or your employees or agents as eligible for such benefits. You acknowledge that it is your sole responsibility for complying with all federal, state and local tax filing and payment obligations that pertain to any remuneration received in connection with the Services as processed by Like Labs or our Payment Processor in connection with this Agreement, including your sole responsibility for all tax withholding, Social Security, Worker’s Compensation Insurance, FICA, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pensions and other obligations or benefits (collectively “Remuneration Responsibilities”) and you agree to indemnify and hold harmless Like Labs in respect of any claims that may be made by the relevant authorities against Like Labs in respect of Remuneration Responsibilities, or similar relating your activity on the Services. You acknowledge that Like Labs is not rendering legal, tax or investment advice, nor is Like Labs a fiduciary of yours. Accordingly, you acknowledge that you may seek advice from an appropriate professional to comply with any and all applicable federal, state and local laws or ordinances.
Advertising. Like Labs has the exclusive right to monetize the Services, including without limitation, the exclusive right to sell, serve, and display advertisements on the Services. Third-party advertising networks are not allowed to serve advertising through the Services.
Representations and Warranties. By accessing and using the Services as a Streamer, you represent and warrant that: (i) the information you have provided to Like Labs is complete and accurate; (ii) you are not impersonating any other individual or third-party; (iii) you have obtained all consents necessary to perform or deliver any Streaming Content or Profile Content; and (iv) you will not engage in any illegal activity in connection with performing or delivering any Streaming Content or Profile Content, or any gross negligence by act or omission, or willful misconduct.
REGISTRATION AND ACCOUNTS
Registration and Account Creation. In order to access and use certain features of the Services as a Streamer or a Viewer, you may need to register or create an account on the Services (“Account”) and provide certain information about yourself as prompted by the account registration form, including (but not limited to) an email address and password. Your Account is not a financial account. Nevertheless, Like Labs reserves the right, but has no obligation, to request additional information from you to verify your identity in order to comply with laws and regulations governing payments, safeguard the integrity of the Services, and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions. Information that Like Labs may request, or seek to confirm, may include your full legal name, mailing address, phone number, date of birth, taxpayer identification number (e.g. Social Security Number), bank account information, and a form of government-issued identification. You agree to provide information required for your use of the Services that is, and to update such information so it remains, true, accurate, current and complete. Like Labs reserves the rights to establish eligibility criteria to use the Services (for Streamers and Viewers), and in some cases, at our sole discretion, impose limitations or restrictions on certain Accounts including, but not limited to, deletion of Accounts.
[Social Networking Site. If you access the Services through a social network service (“SNS”) as part of the functionality of the Services, you may link your Account with a SNS, by allowing Like Labs to access your SNS, as is permitted under the applicable terms and conditions that govern your use of each SNS. You represent that you are entitled to grant Like Labs access to your SNS account (including, for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable SNS. By granting Like Labs access to any SNS accounts, you understand that Like Labs may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials
accessible through the Services that you have provided to and stored in your SNS account (“SNS Content”) so that it is available on and through the Services. Unless otherwise specified in this Agreement, all SNS Content shall be considered to be User Content (as defined below). Depending on the SNS account you choose and subject to the privacy settings that you have set in such SNS account, personally identifiable information that you post to your SNS account may be available on and through the Services.]
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Like Labs of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. You agree not to create an Account using a false identity or false information, or on behalf of someone other than yourself. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. Like Labs cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
ACCESS TO THE SERVICE
Access and Use. Subject to this Agreement, Like Labs grants you a non-transferable, non-exclusive, revocable, limited right to access and use the Services, if you are a Viewer, solely for your own internal personal use, and if you are a Streamer, solely for your own personal business use.
Mobile Application License. Subject to your compliance with the Terms, Like Labs grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and
(ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Certain Restrictions. By accessing and using the Services you agree that you will not, and will not permit any third party to: (i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (ii) frame or utilize framing techniques to enclose any trademark, logo, or other Like Labs content (including images, text, page layout or form) of Like Labs; (iii) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iv) access or use the Services in order to build a similar or competitive website, product, or service; and (v) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Services, except as expressly permitted herein. Unless otherwise indicated, any future release, update, or other addition to the functionality of the Services shall be subject to this Agreement. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.
Modification. Like Labs reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Like Labs will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
No Support or Maintenance; Necessary Equipment. You acknowledge and agree that Like Labs will have no obligation to provide you with any support or maintenance in connection with the Site or Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
Ownership. Excluding any User Content that you may provide (defined in Section 7 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Like Labs or Like Labs’ suppliers. Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights,
except for the limited access rights expressly set forth in Section 5.1 Like Labs and its suppliers reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.
PAYMENT AGREEMENT.
Payment Terms for Viewers.
If you are a Viewer, you agree to pay all fees associated with your Account, including but not limited to any applicable Favorited Subscription fees (“Favorited Subscription Fees”), any platform or other services fees imposed by Like Labs, and any other fees posted to your Account (each, as defined herein and collectively, the “Fees”). You are responsible for payment of the applicable Favorited Subscription Fees in connection with your Favorited Subscription at the time you elect such Favorited Subscription. The total Fees owed by you in connection with subscribing to a Steamer’s Profile, or purchasing Coins (as defined below) on the Services, will be presented to you at the time of purchase. All Fees are non-refundable. You may be required to provide your credit card or other accepted payment method (each a “Payment Method”) when you subscribe to a Streamer’s Profile or otherwise make a purchase through the Services. When you make a purchase through the Services, our Payment Processor (as defined below) may preauthorize your Payment Method.
AUTOMATIC RENEWAL. Your Favorited Subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial Favorited Subscription period, and again after any subsequent Favorited Subscription period, your Favorited Subscription will automatically commence following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Like Labs’ then-current price for such Favorited Subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your Favorited Subscription at least one (1) day prior to the Renewal Commencement Date, by logging into and going to the “Favorited Subscription and Payment” page of your “Profile Settings” page. If you do not wish for your Favorited Subscription to renew automatically, or if you want to change or terminate your Favorited Subscription, please submit a request to our ticketing system available on the Service. If you cancel your Favorited Subscription, you may use your Favorited Subscription until the end of your then-current Favorited Subscription term; your Favorited Subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the Favorited Subscription Fee paid for the then-current Favorited Subscription period. By subscribing, you authorize Like Labs to charge your Payment Method now, and again at the beginning of any subsequent Favorited Subscription period. Upon renewal of your Favorited Subscription, if Like Labs does not receive payment from you, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that Like Labs may either terminate or suspend your Favorited Subscription and continue to attempt to charge your Payment Method until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new Favorited Subscription commitment period will begin as of the day payment was received).
Taxes. The payments required under Section 6 of this Agreement do not include any Sales Tax that may be due in connection with the Services provided under this Agreement. If Like Labs determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Like Labs shall collect such Sales Tax in addition to the payments required under Section 6 of this Agreement. If any services or payments for any services, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Like Labs, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Like Labs for any liability or expense Like Labs may incur in connection with such Sales Taxes. Upon Like Labs’ request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales, use, excise, services or other tax measured by the value of sales.
Wallet. To obtain Gifts for Streamers on the Services, you may be required to first purchase credits (“Coins”) to your Account wallet (“Wallet”) that can be redeemed for such Gifts through the Services. Coins may be automatically deducted from your Wallet for any outstanding balances on your Account.
You may add Coins in any increment presented to you at the point of purchase. The amount that you add to your Wallet shall be charged in accordance with your selected Payment Method when you confirm the addition of such Coins to your Wallet. Coins may only be used or redeemed for Gifts through the Services, and any redemption will result in a deduction in the total amount of Coins in your Wallet balance. You may review and determine your remaining Wallet balance by visiting your Account and selecting the “Wallet” icon, or you may contact us at [email protected].
If the amount of Coins required to obtain a Gift exceeds the amount of Coins in your Wallet, you will be prompted to add additional Coins to your Wallet.
Coins have no cash value and are not a medium of exchange. They may not be resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law. Coins are not returnable or refundable unless expressly required by law. Coins may not be sold or bartered to third parties.
Any Coins remaining in your Wallet when the Agreement terminates will be forfeited and no compensation will be provided to you, except as required by applicable law.
No Refunds. Except as expressly set forth herein or if required by applicable law, Like Labs does not offer refunds for purchases of Coins or for Gifts or any other products or services you can obtain through the Services. Like Labs makes no guarantees or warranties with respect to the quality of any Gifts you may elect to obtain on the Services.
Payment terms for Streamers.
Payment Methods. As a Streamer, you must also provide a valid method of accepting payouts from us (“Payment Acceptance Method”), such as a bank account or any other method accepted by Like Labs at the time of registration. You must keep your Payment Acceptance Method current. If this information changes and you do not promptly inform us, we may not be able to make payouts to you or your payouts may be sent to the wrong person.
Payment Terms. As a Streamer, [you will be entitled to receive a revenue share based on Viewer subscriptions to your Profile or based on the amount of Gifts you receive from Viewers. In either case, you will be eligible to receive the revenue share only when your account balance reaches fifty dollars ($50) or more. [Once a Viewer makes a purchase through the Services, Like Labs or its third party payment provider will facilitate the collection of Fees from the applicable Viewer on your behalf and pay the amount of the Fees received to you, less any applicable Like Labs Fee (such payout, the “Streamer Fee”), in accordance with subsection (e) below.] Streamer acknowledges and agrees that payment under this Agreement is subject to Streamer’s compliance with this Agreement, and Streamer will not be eligible for payment hereunder (including, without limitation in the form of Gifts or the Streamer Fee) in connection with the provision of any Unsupported Content (as defined in Section 8) or if Like Labs, in its sole discretion, suspects or discovers any misuse or abuse of the Services. Service Fee. In exchange for Like Labs’ provision of the Services, you acknowledge and agree that Like Labs is entitled to collect a percentage of the Fees paid by Viewers (the “Like Labs Services Fee”) prior to payment of any Streamer to you. The Like Labs Services Fee is calculated in accordance with Like Labs’ current pricing practices located at https://favorited.com
Limited Payment Agent. You appoint Like Labs as your limited payments agent for the sole purpose of receiving, holding and settling payments due to you for certain services purchased by Viewers from you in accordance with the Agreement. Like Labs will settle payments that are actually or constructively received by Like Labs (from Viewers) to you, less any amounts owed to Like Labs, including without limitation, the Like Labs Services Fee. You agree that a payment received by Like Labs, on your behalf as a Streamer, satisfies a Viewer’s obligation to make payment to you, regardless of whether Like Labs actually settles such payment to you. If Like Labs does not settle any such payments as described in this Agreement to you, such you will have recourse only against
Like Labs and not the Viewer, as payment is deemed made by the Viewer to you upon constructive or actual receipt of funds by Like Labs. You acknowledge and agree that in accepting this appointment as your limited payments agent, Like Labs assumes no liability, and hereby disclaims all liability that may arise from any acts or omission by you, and you understand (i) that Like Labs’ obligation to settle funds to you is subject to and conditional upon the Viewer’s actual payment; and, further (ii) that Like Labs does not receive payments from Viewers for purpose of acting as an intermediary to transmit funds on behalf of Viewers to you.
Taxes. Streamer is solely responsible for filing all tax returns and submitting all payments as required by any federal, state, local, or foreign tax authority arising from the payment of the Streamer Fee to Streamer under this Agreement and agrees to do so in a timely manner. Streamer acknowledges that fees earned in connection with the Services are taxable as income to Streamer and that Streamer is responsible for the payment of all taxes in connection with the Services. As a condition of receiving Fees, Streamer may be issued an IRS Form 1099 and must provide Like Labs with a valid Social Security Number or Taxpayer ID for tax reporting purposes. Noncompliance with this requirement will result in termination of any Fees for which Streamer may be eligible.
Coins and Gifts. You acknowledge and agree that as a user of the Services that purchases, obtains, receives, engages with or uses any Coins or Gifts: (a) such Coins and Gifts are not intended to be, and shall not be considered, a medium of exchange, money, a virtual currency, or value that substitute for money or currency, and
(b) Coins and Gifts are digital content intended to be purchased and engaged with on the Services only, do not serve as or constitute a currency, and cannot be directly exchanged by you for items or services of value. While we may share with Streamers a portion of the revenue generated from the redemption of Coins to obtain a Gift that is then made to such Streamers, such Gift is not intended to be used to provide compensation to a Streamer on the Services, and Like Labs does not warrant or guarantee that a Streamer that receives a Gift through the Services will receive a financial reward. Like Labs does not guarantee that you will always be able to purchase Coins and/or redeem coins for Gifts for other users of the Services. Like Labs may modify or change the Gifts available on the Services at our option, and such modifications may result in changes to the nature of such Gifts. We may suspend or terminate Gifts at our sole discretion, and without warning to you, or liability to us. You agree that you will not: (i) solicit Coins or Gifts in exchange for money or donations or request money or donations for Coins or Gifts; (ii) provide or ask for goods or services associated with a monetary value in exchange for Coins or Gifts; (iii) barter, transfer, sell, or offer to sell Coins or Gifts to Streamers or other users in exchange for (A) real or virtual currencies or (B) any other items of value (any such attempted sale or transfer will be null and void); (iv) use Coins or Gifts as a bet or wager or solicit or accept Coins or Gifts in connection with a bet or wager; or (v) use or purchase Coins or Gifts to engage in any fraudulent, criminal or other unauthorized activity.
USER CONTENT
User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile or postings in a live newsfeed). With respect to a Streamer, User Content includes all Streamer Content and Profile Content. You are solely responsible for your User
Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate Section 8. You further 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 or other remuneration from, and communicate to the public, perform and display your User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Content. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Like Labs. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates Section 8. Like Labs is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
License. You hereby grant (and you represent and warrant that you have the right to grant) to Like Labs an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in connection with the Services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Feedback. If you provide Like Labs with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Like Labs all rights in such Feedback and agree that Like Labs shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Like Labs will treat any Feedback you provide to Like Labs as non-confidential and non-proprietary. You agree that you will not submit to Like Labs any information or ideas that you consider to be confidential or proprietary.
ACCEPTABLE USE POLICY. You agree not to: (i) use the Services to upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party, or that is otherwise defamatory, obscene, pornographic, harassing, threatening, abusive, inflammatory, or otherwise objectionable in Like Labs’ sole discretion ((a) and (b) together, “Unsupported Content”)); (ii) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (iii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iv) abuse other users’ personal information that you receive through the Services, such as to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (vi) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vii) interfere with any other user’s use and enjoyment of the Services;
(viii) impersonates any person or entity, including any employee or representative of Like Labs; or (ix) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site
for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
LIKE LABS COMMUNICATIONS.
Generally. You may have the opportunity to provide us with your phone number and/or e-mail address. By providing your email address to us, you consent to receive email communications from Like Labs. Communications from us may include communications about your use of the Services.
Promotional Email Communications. If you opt-in to receive marketing or promotional email communications from us, you will have the ability to opt out of receiving such communications by following the unsubscribe instructions in the communication itself. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SERVICES. CONSENT TO THESE PROMOTIONAL MESSAGES IS NOT REQUIRED TO ACCESS THE SITE OR SERVICES.
Electronic Communications. The communications between you and Like Labs use electronic means, whether you use the Services or send us emails, or whether Like Labs posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Like Labs in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Like Labs provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing. The foregoing does not affect your non- waivable rights.
INDEMNIFICATION. You agree to indemnify and hold Like Labs (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Like Labs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Like Labs. Like Labs will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THIRD-PARTY LINKS, APPLICATIONS; OTHER USERS
Third-Party Links, Applications. The Services may contain links to third-party websites and services, and applications for third parties (collectively, “Third-Party Links & Applications”). Such Third-Party Links & Applications are not under the control of Like Labs, and Like Labs is not responsible for any Third-Party Links & Applications. Like Labs provides access to these Third-Party Links & Applications only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Applications. You use all Third-Party Links, & Applications at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Applications, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Applications.
Other Users. Each user of the Services is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users, including any interactions with Streamers and/or Viewers, are solely between you and such users. You agree that Like Labs will not be responsible for any loss or damage incurred as the result of any such interactions. We do not oversee the performance or delivery of any Streaming Content or Profile Content. If there is a dispute between you and any user of the Services, we are under no obligation to become involved. Provided, however, we reserve the right to intercede in such disputes at our sole discretion.
DISCLAIMERS
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND NO GUARANTEES REGARDING OUTCOMES OR PERFORMANCE. WE HAVE NO LIABILITY FOR RESULTS IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE ADEQUACY OF ANY STREAMING CONTENT OR PROFILE CONTENT, OR THE ACTIONS OR OMISSIONS OF A STREAMER OR VIEWER. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT WHETHER PROVIDED BY LIKE LABS OR ANOTHER USER OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WHEN USING OUR SERVICES, YOU WILL BE EXPOSED TO CONTENT FROM A VARIETY OF SOURCES, AND THAT LIKE LABS IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, LEGALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO ANY SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, OR HARASSING, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST LIKE LABS WITH RESPECT THERETO.
LIKE LABS (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIKE LABS ALLOWS STREAMERS TO ENGAGE, AND VIEWERS TO WATCH, STREAMS OF LIKE LABS’ VIDEO GAME PLAY AND OTHER SORTS OF VISUAL CONTENT. SOME USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN VISUAL IMAGES, INCLUDING FLASHING LIGHTS OR CERTAIN LIGHT PATTERNS THAT MAY ARISE IN VIDEO GAMES OR OTHER VISUAL CONTENT. EXPOSURE TO SUCH VISUAL CONTENT, BACKGROUND AND PATTERNS ON A COMPUTER SCREEN, OR WHILE WATCHING VIDEO GAMES OR OTHERWISE ENGAGING WITH THE SERVICES, MAY INDUCE AN EPILEPTIC SEIZURE IN THESE INDIVIDUALS. CERTAIN SITUATIONS MAY RESULT IN PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS TO ARISE EVEN IN PERSONS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU OR AN OF YOUR RELATIVES HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT YOUR DOCTOR PRIOR TO ENGAGING WITH CONTENT ON THE SERVICES. IF YOU EXPERIENCE DIZZINESS, VISION PROBLEMS, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY CONVULSIONS OR MOVEMENTS – YOU MUST IMMEDIATELY DISCONTINUE ALL USE OF THE SERVICES AND CONSULT YOUR MEDICAL PROVIDER BEFORE RESUMING USE OF THE SERVICES.
EU/EEA/UK/CH Warranty Rights.
For residents of the European Union or the European Economic Area, the United Kingdom, or Switzerland who are considered to be a “Consumer”, certain warranty rights under applicable law in case of any non-conformity of digital content and services may apply to you. Such rights shall remain unaffected by these Terms of Service. If such rights apply to you, Like Labs offers no further implied or statutory warranties or conditions with regard to the Services, and explicitly disclaims all implied warranties and conditions to the maximum extent permitted by applicable law.
You acknowledge that we may change the Services from time to time such as when required to comply with applicable law or regulation, or for justified security, business, or operational reasons, including to improve the Services.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LIKE LABS (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF LIKE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU OR PAYABLE TO YOU ON OR THROUGH THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR
(II) ONE HUNDRED ($100) DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIKE LABS AND YOU.
COPYRIGHT POLICY
Like Labs respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
INTERNATIONAL USERS. The Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Like Labs intends to announce such services or content in your country. The Services are controlled and offered by Like Labs from its facilities in the United States of America. Like Labs makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER . Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires that you and Like Labs arbitrate disputes against one another.
Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Like Labs agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services, or the Terms, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Like Labs may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Like Labs may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.
Informal Dispute Resolution. There may be instances when a Dispute arises between you and Like Labs. If that occurs, Like Labs is committed to working with you to reach a reasonable resolution. You and Like Labs agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Like Labs therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing. Notice to Like Labs that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to [email protected] or regular mail to our offices located at 201 Santa Monica Blvd, Ste 300, Santa Monica, California 90401. The Notice must include: (i) your name, telephone number, mailing address, e‐mail address associated with your account (if you have
one); (ii) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (iii) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
Waiver of Jury Trial. YOU AND LIKE LABS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Like Labs are
instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief. YOU AND LIKE LABS AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 17.10 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection 17.10 (Batch Arbitration) entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Like Labs agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Los Angeles, California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Like Labs from participating in a class-wide settlement of claims.
Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of Notice, you and Like Labs agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under
$250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS rules.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (i) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars;
(iv) a statement certifying completion of the Informal Dispute Resolution process as described above; and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (a) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and otherwise agree, or the Batch Arbitration process discussed in subsection 17.10 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the applicable JAMS rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration.
You and Like Labs agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (i) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (ii) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (iii) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (iv) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Like Labs need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Like Labs agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Like Labs by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), JAMS shall (i) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Like Labs.
You and Like Labs agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (a) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (b) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 201 Santa Monica Blvd, Ste 300, Santa Monica, California 90401, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Like Labs account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non- Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Like Labs as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Like Labs makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Like Labs at: 8811 Rising Glen Pl., West Hollywood CA 90069, your continued use of the Services, including the acceptance of products and services offered on or through the Services, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or the Agreement, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Like Labs will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES. You acknowledge and agree that the availability of certain aspects of the App are dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (the “App Store”). The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that: (i) this Agreement is concluded between you and Like Labs only, and not Apple; and (ii) Like Labs, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service, and you agree to pay all fees (if any) charged by the App Store in connection with Like Labs Properties, including the Application.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support with respect to the App Store Sourced Application, and Like Labs, not the App Store, is solely responsible for the App, the content thereof, and warranty therefor.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Like Labs and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Like Labs.
You and Like Labs acknowledge that, as between Like Labs and Apple, Apple 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.
You and Like Labs 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 Like Labs and Apple, Like Labs, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and Like Labs acknowledge and agree that Apple, and Apple’s subsidiaries, are third- party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application
against you as a third-party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
GENERAL
Changes. You understand that the Services are evolving. You acknowledge and agree that Like Labs may update the Services with or without notifying you. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this Agreement will be effective upon the earlier of: (i) thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable); (ii) thirty (30) calendar days following our posting of notice of the changes on our Services; and (iii) your providing assent to the updated Agreement in a specified manner, as applicable. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Like Labs, or any products utilizing such data, in violation of the United States export laws or regulations.
Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Like Labs agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in California.
Disclosures. Like Labs is located at the address in Section 19.7. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Like Labs is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Like Labs’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Like Labs may freely assign this Agreement. The terms and conditions set forth in these Agreement shall be binding upon assignees.
Copyright/Trademark Information. Copyright © 2024, Like Labs, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. All goodwill generated from the use of any Like Labs Marks will inure to Like Labs’ benefit.
Contact Information:
Like Labs, Inc.
Address: 201 Santa Monica Blvd, Ste 300, Santa Monica, California 90401 Email: [email protected]