Terms and Conditions
Last updated: November 2023
Part 1 - Introduction
1. Our terms
1.1 These are the terms and conditions ('Terms') under which you ('You') can access the Livey platform currently available via https://www.livey.events/ or a successor website made available by Livey for this purpose and notified to You (the 'Platform'). Through the Platform, under these Terms, You can purchase the ability to watch a video stream ('Stream') of an event ('Event') live or on demand and/or display, sell and manage your Streams on the Platform.
1.2 By using the Platform in any way, You agree to be bound by these Terms. If You do not accept these Terms, do not use the Platform.
2. Who We are and how to contact Us
2.1 'Livey', 'We', 'Our' or 'Us' is a reference to the vVenue UK Ltd, a company registered in England & Wales under Company Registration Number 13100917. Our address is 128 City Road, London, EC1V 2NX. Our VAT number is 370 4610 19.
2.2 You can contact Us via email at support@livey.events.
2.3 If We need to contact You, We will do so by using the email address You have provided to Us via the Platform, or via your account on the Platform (your 'Account'). It is your responsibility to ensure the contact details on your Account are accurate and up to date.
Part 2 – access to and use of the Platform
3. The Platform
3.1 We provide the Platform to You on the basis of these Terms. Minor updates may be made to these Terms by Us from time to time (due to, for example, changing technologies, a change in the law, obsolescence, new or different product features, changing content providers or the need to remove, replace or modify content, provided such changes don't adversely affect your use of the Platform or the Streams) and we will do so by posting the updated Terms on the Platform without prior notification to You (although We will use reasonable endeavours to provide You with advance notice). When You access the Platform at any time in the future, such updated Terms then in force shall apply to your use of the Platform. You should check the Terms for updates each time You access the Platform. If we make significant changes to the Terms, We will notify You and You may then contact Us to end your contract before the changes take place. If You do choose to end your contract You will receive a full refund for any Streams paid for but not received.
3.2 We may update and change the Platform from time to time to reflect our users’ needs and our business priorities.
3.3 The Platform is not directed to people residing in this list [INSERT LINK TO LIST OF RESTRICTED TERRITORIES HERE] of restricted territories, which We may update from time to time without prior notification to You (the 'Restricted Territories' and each a 'Restricted Territory') and You are not permitted to use the Platform if you reside in a Restricted Territory. We do not represent that content available on and/or through our Platform is appropriate or lawful for use or available in the Restricted Territories.
3.4 We do not guarantee that the Platform will always be available or be uninterrupted. We may suspend or restrict of availability of all or any part of the Platform for business or operational reasons. We will contact you in advance to tell you We are suspending the Platform, unless the problem is urgent or an emergency. You may be entitled to a refund in accordance with clause 6.3(b). Any support provided to You is for information purposes only. We reserve the right to make changes to the Platform at any time; or not to reply to any queries; or not provide support in connection with the Platform (although We will use reasonable endeavours to provide You with advance notice).
3.5 We reserve the right to decline or cancel a Platform registration or Account at any time. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and that they comply with them.
3.6 We are not responsible for websites We link to and We have no control over the contents of those sites or resources. Where the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only and You acknowledge that you access any such third-party websites at your own risk. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transaction completed, and any contract entered into by you, with any such third party. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them and it is your responsibility to review any terms and conditions for any linked websites.
3.7 The Platform may include information and materials supplied by third parties our partners, and by other users of the Platform. This information and these materials have not been verified for accuracy or completeness, nor have they been endorsed or approved by Us. The views expressed by third parties on the Platform do not necessarily represent Our views or values.
3.8 You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software. We will take reasonable precautions to protect against any person acting by, under or through Livey from introducing any software virus or bug into the Platform but we do not guarantee that the Platform will be secure or free from bugs or viruses.
3.9 We reserve the right to, at any time, prevent You from using the Platform and/or your Streams on the Platform (including making any purchases via the Platform), including where necessary terminating or suspending your Account, if We reasonably suspect that You are in breach of these Terms and/or any applicable laws.
3.10 You may cancel your Account at any time by contacting Us using the contact details provided above.
4. Age restrictions and parental controls
4.1 By creating an Account to use the Platform, You confirm that You are at least 18 years old.
4.2 We reserve the right to terminate or suspend your Account if We reasonably suspect that the Account was created and/or used in breach of this paragraph 4.
5. Your conduct
5.1 You are not permitted to use the Platform for any immoral, illegal, abusive or harmful purposes, or in any way that harms the reputation of Us or our partners. You are not permitted to use the Platform to cause harm, annoyance, inconvenience or needless anxiety to any person.
5.2 You are not permitted to sell Streams through the Platform where such Streams contain content prohibited from being sold under any applicable law, including without limitation the content listed in Appendix 1 to the extent applicable, which may be updated by Us and notified to You from time to time (together, “Prohibited Content”).
5.3 You must not misuse the Platform in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Platform or by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
5.4 You agree:
(a) to provide and maintain correct and up-to-date information about yourself when you use the Platform, including in respect of your Account;
(b) not to license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit or otherwise make the Platform available to any third party (except in accordance with these Terms);
(c) not to access all or any part of the Platform in order to build a product or service which competes with the Platform;
(d) not to attempt to copy, modify, translate, adapt, create derivative works of, display, transmit or distribute all or any part of the Platform;
(e) not to attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform;
(f) not to use, display, mirror or frame the Platform, or any individual element within the Platform, our name, any Livey trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent; and
(g) not to use any robot, spider, other automatic device or manual process to monitor, download, copy or keep a database copy of the content made available through the Platform.
5.5 You agree to be fully responsible for any claim, expense, liability, losses or costs (including legal fees) incurred by Livey arising from your breach of these Terms.
6. Making purchases via the Platform
6.1 Our contract with You
(a) When You place an order on the Platform to purchase Streams, our acceptance of your order will take place when We email You to accept it, at which point a contract will come into existence between You and Us.
(b) If We are unable to accept your order, We will inform You of this and will not charge You. This might be because a Stream is no longer available, because of unexpected limits on our resources which We could not reasonably plan for, or because We have identified an error in the price or description of the Stream.
(c) We will assign an order number to your order and tell You what it is when we accept your order. It will help Us if You can tell Us the order number whenever You contact Us about your order.
(d) We reserve the right to cancel any orders placed if We reasonably suspect that your Account was used in breach of these Terms.
6.2 Purchase of Streams
(a) The Streams provided to You under these Terms are a form of digital content which is not on a tangible medium. We make our Streams available to You on the date We deliver the Stream to your Account. This means You are able to immediately enjoy and use your Streams on the Platform. You lose your right to cancel any order of Streams You make if You change your mind in the 14-day period after You have started to download or stream the Streams from Us, and by placing an order for any Streams via the Platform You hereby acknowledge that You lose this right. If You are entitled to a refund, We will do so within 14 days of You notifying Us.
(b) Streams are made available to You under a non-exclusive, non-transferable, non-sublicensable limited licence to view the Streams ("Stream Licence").
(c) Please be aware that by purchasing a Stream You are not purchasing any intellectual property rights in the Stream. This includes the right to sublicense the Stream and/or reproduce or recreate part or all of the content in the Stream. You are not permitted to create any works (including other items of digital artwork) containing part or all of the content contained within the Stream without our express written permission.
6.3 Making changes to an order
(a) If You wish to cancel an order that You have placed and receive a refund, You are required to complete a Refund Request Form, detailing the applicable Stream and the reason for the cancellation. We shall notify the owner of the applicable Stream who will then determine whether the request is accepted or denied (this does not affect your rights under the 14-day cooling off period under clause 6.2(a)). If the request is approved, We shall notify You and issue You with a refund of any prepaid fees within [x] days. If the owner of the Stream does not approve the request, We will notify You and You may then escalate the request in accordance with paragraph 6.5 below. For the avoidance of doubt, We are under no obligation to provide You with a refund in the event that you wish to terminate usage of the Stream Licence.
(b) We shall issue You a full refund if a Stream is cancelled or is not successfully delivered due directly from Our act or omission.
(c) We may need to change part of an order as a result of changes in applicable laws and/or regulatory requirements, or to implement technical adjustments and improvements (for example, to address a security threat).
(d) If We need to make changes to part of an order You have placed that will affect your use of any Streams ordered but not yet received, We will notify You and You may then contact Us to end your contract before the changes take place. If You do choose to end your contract You will receive a full refund for any Streams paid for but not received.
6.4 Price and Payment method
(a) You will find the relevant price information and methods of payment available on the relevant checkout pages of the Platform.
(b) We use third-party payment processors (each a "Payment Processor") to process payments and You agree to pay Us through the Payment Processor. The processing of any such payments is subject to the terms and conditions and privacy policies of the Payment Processor, in addition to these Terms. Livey currently uses Stripe and, as such, your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy (see here: https://stripe.com/en-gb/legal/ssa).
6.5 If there is a problem with your order
(a) All complaints with regards to Streams should be submitted only to Livey. If you wish to submit a complaint, you should notify Livey promptly after the issue arises. Depending on whether a complaint is accepted or rejected, Livey will choose whether to compensate you for the amount (in whole or in part, as determined by Livey following its investigation) or inform you of the result of the investigation of the complaint and justify the rejection of your complaint, respectively.
(b) When making a complaint or requesting a refund contact Livey at support@livey.events. You must provide as much detail about the transaction as possible including your name and payment details used to purchase a Stream and the applicable Stream. Livey reserves the right to check any relevant details within a user's payment history including any previous refund claims.
7. Making Sales via the Platform
7.1 If You wish to sell Streams via the Platform, You can do so via the instructions on the Platform.
7.2 You must be at least 18 years old (or, if higher, the minimum age required in your country of residence) to sell a Stream on the Platform.
7.3 We reserve the right to cancel any sales made on the Platform if We reasonably suspect that your Account was used in breach of applicable law or these Terms.
7.4 Following the successful sale of Streams, We will provide you with a sales report and credit your Account with the sale proceeds at the start of each month, a minimum of 7 days after the Stream ceasing to be accessible to viewers, less our administration and commission fee of 15% of the total sales of the relevant Streams (including taxes, transaction fees and bank fees or charges). Information on the procedure to claim the funds is sent at the same time.
7.5 A sale on the Platform may be subject to special terms and conditions, which We will notify You of via the Platform when You place the relevant Stream listing for sale on the Platform and which will be prominently displayed on your listing on the Platform.
7.6 You may set the price of each Stream that you sell from an available pricing range set by Livey.
7.7 Your relationship with Livey when using the Platform is that of an independent person or entity and not an employee, agent or partner of Livey.
7.8 When using the Platform You agree that You are responsible for determining and fulfilling your obligations under any applicable laws to report, collect and include in your price any applicable sales taxes.
7.9 Please note We may be required under applicable law to collect and/or report relevant tax information about You. We may also request certain tax information from You in accordance with any relevant obligations We have under applicable laws. Please note that We may be required to suspend your activity on the Platform if You fail to promptly provide Us with any such information that We require.
8. Uploading Streams to the Platform
8.1 You agree that you are solely responsible for the Stream placed for sale using your Account and for compliance with all laws relating to Streams. Each time you list a Stream for sale via the Platform:
(a) You appoint us as your agent and authorise us to do all things necessary or desirable (as determined by us) to: list and promote the Stream; conclude contracts for the sale of the Stream to the relevant buyer; collect payment from the buyer; and provide customer support services; and
(b) You acknowledge and agree that: (i) your listing must be accurate, complete and include all relevant information on the associated Stream; (ii) your listing must not be misleading, including through the omission of any information with respect to the Stream listed for sale; and (iii) any sale of such Stream will be final and you will be not be able to cancel the same following the completion of the transaction.
8.2 By uploading a Stream to the Platform You warrant that You have the necessary rights to upload the Stream in accordance with these Terms and You agree to be fully responsible for any cost, loss or liability which We may incur by reason of your breach of that warranty.
8.3 Any Streams or other content You upload to the Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but You are required to grant Us and other users of our Platform a limited licence to, as applicable, use, store and copy that content for the purpose of operating the Platform, and to distribute and make it available to third parties.
8.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by You to the Platform constitutes a violation of their intellectual property rights or of their right to privacy.
8.5 We reserve the right to remove any content You upload to the Platform which breaches these Terms and/or any applicable laws.
9. Linking to the Platform
9.1 You may link directly to pages of the Platform, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
9.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
9.3 We reserve the right to withdraw linking permission without notice.
10. Your security
10.1 If You choose, or You are provided with, a user identification code, password or any other piece of information as part of the Platform's security procedures or via setting up or accessing your Account, You must treat such information as confidential. You must not disclose any security information in relation to your Account to any third party for any reason.
10.2 Your Account details are linked to your Livey digital wallet, which allows You to purchase Streams and other items on the Platform. You must therefore treat your Account login details as confidential and must not disclose these to any third party.
10.3 If You choose to link an external payment form to your Account, You must treat your login details for this external payment form as confidential and must not disclose these to any third party. We do not accept any responsibility for the security of your account(s) or any related sensitive information with any external payment form provider.
10.4 You are responsible for all activity undertaken on your Account and You must also inform Us immediately if there has been any unauthorised usage of your Account or breach of security. We are not liable for any loss or damage suffered as a result of any such unauthorised use unless such loss or damage arises directly from Livey's failure to provide the Platform with reasonable care and skill.
11. Intellectual property
11.1 All material on the Platform is the property of Livey and/or its licensors and is protected by copyright and other intellectual property rights. During the term of your agreement with Us and conditioned upon your compliance with all the Terms, We grant You a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Platform for the following purposes only:
(a) your personal, non-commercial use (e.g. purchasing and watching the Streams on the Platform); or
(b) to sell Streams to other users through the Platform.
Part 4 – special terms regarding use of Streams
12. Use of Streams
12.1 Please note that if You no longer have the rights to upload the Stream, We will remove your ability to do so.
12.2 Please note your purchase of Streams does not include the purchase of any intellectual property rights in the Streams. You are not permitted to create any works (including other items of digital artwork) containing part or all of the content contained within the Stream without our express written permission.
12.3 We do not warrant that You can use your Streams in any way other than as described under these Terms. We do not warrant that your Streams have any value outside of the Platform.
Part 5 – Other important terms
13. Limitation of Liability
13.1 Livey will do as much as is reasonably possible to make sure the Platform is not interrupted and that it is accessible at all times. However, Livey cannot guarantee this and the Platform is provided on an “as is” and “as available” basis. Except as explicitly set out in these Terms, Livey makes no express or implied representation or warranties of any kind in relation to the Platform including but not limited to:
(a) Availability, accessibility, timeliness and uninterrupted use of the Platform; and
(b) Sequence, accuracy, completeness, timeliness or the security of any data, information provided to you as part of the Platform.
13.2 Nothing in these Terms shall limit our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) to the extent liability cannot be excluded or limited under any applicable law. Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Platform shall be limited to $1,000.
13.3 Livey will use reasonable endeavours to ensure that the Platform is secure and cannot be accessed by unauthorised third parties but does not warrant the security or confidentiality of any information transmitted through the system or such other equivalent system in any jurisdiction via the Platform.
13.4 We are not liable for any losses, or any failure or delay in the performance of any obligations under these Terms, due to any actions beyond our control including, but not limited to, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, loss or malfunctions or utilities, communications or computer (software and hardware) services. If there is any such event outside of Our control, We will contact You as soon as possible to let You know and advise You on what we are doing to mitigate and reduce the delay. If such event prevents You from accessing a Stream at the time of the Event, You can contact Us to receive a refund for any Streams paid for but not received, less reasonable costs we have already incurred.
13.5 Livey shall not be liable or responsible to You for any losses resulting from: (i) You having breached these Terms or otherwise having acted unlawfully; (ii) any legal or regulatory requirement imposed on Livey; (iii) an unforeseeable event outside of Our control; (iv) something You could have avoided by taking reasonable action or care (v) any indirect or consequential losses, including any business losses.
13.6 We are responsible for loss or damage You suffer that is a foreseeable result of our breaking our contract with You or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable when it is obvious that it will happen.
13.7 We are not liable for business losses. We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. Data Protection
We will only use your personal information as set out in our privacy notice, which is available via our website at https://www.livey.events/privacy-policy.
15. General terms and conditions
15.1 These Terms are between You and Us. No other person shall have any rights to enforce any of its terms.
15.2 You need our consent to transfer your rights under these Terms and/or in relation to any Stream(s) purchased via the Platform to someone else. You may only transfer such rights or obligations under these Terms to another person if We agree to the transfer in writing.
15.3 These Terms can only be varied by agreement between Us and You. No variation of the Terms is effective unless in writing and agreed by the parties or their authorised representatives.
15.4 If a court finds part of these Terms illegal, the rest will continue in force. Each clause of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
15.5 These Terms and any dispute or claim arising out of, or in connection with, them or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, English law and wherever You live You can bring claims against Us in the English courts. If You live in Wales, Scotland or Northern Ireland, You can also bring claims against Us in the courts of the country You live in. We can claim against You in the courts of the country you live in. If You are based outside of the UK, any such dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.
Appendix 1 – Prohibited Content
Illegal political content
Pornographic and vulgar erotic services
Excessively violent and inhumane content
Content that infringes on personal privacy
Content that infringes on a third party's intellectual property