Terms of Use
Terms of Use
Terms of Use The LYFESTREAM Application (the “LYFESTREAM App”) allows you to make new friends. The LYFESTREAM App is developed and operated by LYFESTREAM, a U.S company with and having its registered offices located 34768 Aqua Ln MI, US (“LYFESTREAM”) I. ACCEPTANCE OF THE PRESENT TERMS & CONDITIONS By registering on LYFESTREAM, you acknowledge that the use of this service is subject to the LYFESTREAM’s Terms of Service that you must accept in order to use our services. The use of our services means that you agree to these Terms. These Terms include the provisions of this document as well as those of the Privacy Policy. The content of these Conditions may vary from time to time, notably to take into consideration any changes of applicable laws. Any changes will be brought to your attention for their careful review. The continued use of the LYFESTREAM App following notice of any changes constitutes an express acceptance of the amended LYFESTREAM Terms of Use. II. CREATING YOUR USER PROFILE 1. II.1 If you are under age 13, you are not permitted to use the LYFESTREAM App. If you are between 13 and 17 years old, you are not allowed to create a user profile without the permission of your legal representative. 2. If you are the legal representative of a minor LYFESTREAM user and you want to contact us, send us a message using the online form available on the website www.LyfeStream.co 3. II.2 To create a user profile and have access to the LYFESTREAM App, you have to provide us with personal information. You also have to upload a profile picture that represents you. Those personal data need to be provided to access the LYFESTREAM App and its functionalities. 4. While creating a profile user, you have to provide us with correct information and do not create an account without your own identity. In the event that your access to the LYFESTREAM App has been suspended, interrupted or somehow blocked or removed by LYFESTREAM APP, you are not allowed to create a new user profile. 5. Within the framework of the control of the user profiles created on the LYFESTREAM App and the detection of false ages of users, LYFESTREAM APP reserves the right to carry out checks. Thus, in case of reasonable doubt about your age, LYFESTREAM APP will proceed to the analysis your profile pictures to verify your age and will ask you to (i) send a screenshot of your ID document or school card and (ii) record a short video in which you pronounce 3 random words. III. PAID SERVICES 1. The creation of your user profile and the access to the standard features of the LYFESTREAM App is free. To enrich your experience, you can subscribe to two paid offers: LyfeStream Premium which allows users to watch all live channels. LyfeStream Premium Plus which allows users to watch all live channels add Free. These two subscriptions will give you access to additional features upon payment of a monthly fee ("Paid Services"). The characteristics of Paid Services and their prices are specified in the Application. We also offer one time promotion payments which allows you, for example, to increase your visibility on the App for 30 days. 2. The purchase process for Paid Services depends solely on the mobile application platform used and on the settings you have selected on your phone. In order to make a purchase, you must, therefore, have a user account on the platform on which you downloaded the LYFESTREAM App (Google Play for Android or App Store for iOS). We recommend that you read the terms of use of these application platforms carefully to learn more about the rules applicable to your order. If LYFESTREAM APP is responsible in all respects for the content of the paid service purchased, the management of your order and your payment is made by the application platform. 3. Once purchased, the Paid Services do not give the right to any refund, even in case of non-use. In accordance with applicable regulations, when you purchase a Paid Service, you expressly agree to have it available immediately and waive your right of withdrawal regarding this purchase. IV. INTELLECTUAL PROPERTY 1. LYFESTREAM APP is the exclusive owner of all rights relating to the LYFESTREAM App and, in particular, the right to host, store, use, display, copy, modify, adapt, publish, edit and distribute all or part of the constituent elements thereof, in particular, and without limit: the brands, logos, designs, animations, videos, images, text, data and databases, computer code, and content published or presented on the LYFESTREAM App or the websites and services belonging to LYFESTREAM APP. LYFESTREAM APP is also the sole owner of rights to the brand LYFESTREAM. 2. Any copy, reproduction, representation, use, distribution, or reutilization of these elements without the authorization of LYFESTREAM APP is liable to legal proceedings, in particular for trademark infringement. 3. The reproduction, amendment, modification (of any kind), distribution, sale, rental, reverse engineering, or creation of derivative work of the LYFESTREAM App and/or any other constituent element (including software or source code) is prohibited without the authorization of LYFESTREAM APP and/or of the applicable regulations. 4. By the sole means of allowing the download and use of LYFESTREAM, LYFESTREAM APP grants users, anywhere in the world, a personal, free, non-transferrable and non-exclusive authorization to access and use the LYFESTREAM App for private use. Downloading and/or using the LYFESTREAM App does not confer any rights (intellectual property or other) over the LYFESTREAM App. 5. The LYFESTREAM App may be subject to change and may be modified at any time. Some functionalities or services may be added or deleted by LYFESTREAM APP at its sole discretion. No guarantee of any sort, either express or implied, is given with regard to the content, the services or functionalities of the LYFESTREAM App, either with regard to their existence or their operation. V. CONTENT PROVIDED BY THE USER 1. When you create your profile or you use the LYFESTREAM App, you will be required to send, receive or create content, consisting of, in particular, information, photos, and/or videos. 2. For the operation of the LYFESTREAM App, and the provision of services linked to the LYFESTREAM App, you grant us, for the entire world and for the period during which these General Terms of Use between you and LYFESTREAM APP are in force, free authorization to host, store, reproduce, display, publish, translate, adapt, sublicence, and/or use, for the purposes of services relating to the LYFESTREAM App (I) any content exchanged within the scope of the use of the LYFESTREAM App, as well as (ii) your user name, your voice, and/or your image, as it is reproduced, where applicable, in said content. For the same purposes and exclusively for those purposes, you give similar consent to use any content generated within the scope of the LYFESTREAM App (in particular within the Live Chat service) which you may have broadcast publicly through a third-party or parties. In the context of this authorization, you agree that LYFESTREAM APP may, for instance, use this content for the promotion of the LYFESTREAM App on Social Networking sites on which this content has previously been broadcast by us. We remind you that you are not authorized to: • Post unsolicited commercial communications, or collect information, data, or content belonging to other users without their consent; • Post content or broadcast any message that infringes on the rights of third parties (in particular to their intellectual property rights), which may be of a pornographic, discriminatory, racist, violent, defamatory, or sexual nature, and/or which may constitute bullying or intimidation of other persons. To this end we remind you that any photos of a pornographic, exhibitionist, or indecent nature are formally prohibited. Any publication of this nature constitutes an offence liable to deletion of user account from which they originated, without prejudice to criminal proceedings which may arise therefrom; • Use the name, the voice or the image of any person without their permission; • Modify the operation of the LYFESTREAM App or inhibit its access; • Use the LYFESTREAM App in an illegal, dishonest, malicious and/or discriminatory manner. 3. Any manifestly illicit content which may be brought to our attention within the conditions required by law and/or which we judge to be in contravention of these General Terms of Use shall be deleted. This same shall apply in the case of an injunction to that effect by an authorized administration or jurisdiction. 4. The user accepts entire responsibility for any action, content, information or data which they may upload, download, post, send, or keep within the scope of the use of the LYFESTREAM App. They will be required to compensate LYFESTREAM APP for any damages, losses or expense caused by their words or actions. 5. The user accepts entire responsibility for any action, content, information or data which they may upload, download, post, send, or keep within the scope of the use of the LYFESTREAM App. They will be required to compensate LYFESTREAM APP for any damages, losses or expense caused by their words or actions. 6. For reasons of security and public order, we may keep, for a reasonable period in compliance with applicable regulations, a copy of content shared by the user, even where the user may have deleted their account or where said content may have been deleted from the LYFESTREAM App. VI. YOUTUBE FUNCTIONALITY PROVIDED When you make live video from your user profile, you have the ability to view and share live YouTube video. Search suggestions and the YouTube search bar are accessible directly from the LYFESTREAM App. We recommend that you carefully read the YouTube Terms of Service to learn more about the policies that apply when using this platform, as well as the Google Privacy Policy with regard to the processing of personal data. VII. NOTIFICATIONS/REPORTS 1. Notification of illicit content. 2. In our quality as host, we are not under a general obligation to monitor the information that we store. You nevertheless have the possibility to notify us of content you consider illicit. To be taken into account, any notification should be addressed in our “Contact Us” form on our application and on our website. 3. To be valid, this notification must contain the following elements: • The duly completed notification form available on the site www.LyfeStream.co under the page “Help”; 4. Only complete notifications will be considered valid. You retain the right to notify the competent authorities of any content you consider illicit. 5. Reporting content constituting an affront to human dignity. 6. We are participating in the fight against the following offences: • Distribution of images of child pornography; • Apology for or denial of crimes against humanity • Distribution of content promoting discrimination, hate or violence against a person group of persons by virtue of their origin, sex, sexual orientation or identity, or disability; • Distribution of message of a violent or pornographic nature, or which constitute an affront to human dignity, or which encourage minors to participate in games which may place them in physical danger accessible to minors, when this content is liable to be viewed or accessed by a minor; • Incitement to, or apology for terrorism; • Incitement to suicide. 7. We have put in place an easily accessible means of alerting us to any content of this nature of which you may become aware within the scope of the LYFESTREAM App. Simply press the “Report” button available on every channel. 8. Reporting inappropriate content 9. In order to allow comfortable, safe use of the LYFESTREAM App, we have also put in place a system of community moderation that allows you to report any content you feel is inappropriate. If you want to report the content of a user profile that is not one of your friends, click on the “Report” button and select one of the options. If you want to report the profile of a user who is one of your friends, click on the “Report” button for profile of that friend and select one of the options. This system is designed to improve your user experience with the LYFESTREAM App but does not remove your duty to respect the regulations applicable in terms of, in particular, reporting illicit and offensive content as mentioned in VI.1 and VI.2 above. VIII. PERSONAL DATA LYFESTREAM APP places a great deal of importance on the protection of its users’ privacy. The Personal Data of LYFESTREAM users are processed in accordance with our Privacy Policy. IX. LIMITATION OF LIABILITY 1. We make every effort to ensure the LYFESTREAM App made available to you is secure and free from errors. However, you use it at your own risk. 2. Furthermore, we give no guarantee as to the absence of errors, interruptions to service, slow running, imperfections, or attacks on the rights of third-parties within the scope of the operation of the LYFESTREAM App, in particular as a result of events on the internet. LYFESTREAM APP cannot be held liable in case of disturbance, malfunction, or reduced access to the LYFESTREAM App resulting from failure attributable to the internet network or to an internet service provider, to the operating system, browser and/or device of the user. Furthermore, LYFESTREAM APP cannot be held liable for any event attributable to a case of force majeure. Access to and use of the LYFESTREAM App may be temporarily interrupted due to maintenance or technical updates. 3. LYFESTREAM APP accepts no responsibility for the indirect, specific, collateral or punitive consequences, loss of income, data or any other loss resulting from the access and use of the LYFESTREAM App, its content and/or the illicit use by a third-party of the data or other rights of a user. 4. Any violation of these General Terms of Use or any use which may present a risk (legal, technical or other) may result in the deletion of the profile of the user which is the origin thereof. In the case of any dispute, LYFESTREAM APP is free to decide to block or deactivate the profile of a user and thereby their access to the LYFESTREAM App, and this at the sole discretion of, and without prior notice by LYFESTREAM APP. 5. Each user is free to terminate their relationship with LYFESTREAM APP relating to the LYFESTREAM App. They simply need to delete their user profile. Each user is responsible for the information they provide and the content they distribute during their session and use of the LYFESTREAM App. The information provided must be accurate, up-to-date, and a true reflection of reality. The content provided by users must be lawful and must not infringe upon the rights of third parties. LYFESTREAM APP cannot be held liable for inaccuracies or the erroneous character of content provided by the user and any consequences which may arise as a result. X. DIVISIBILITY AND WAIVER That a condition within these General Terms of Use is declared null, invalid, or non-applicable shall have no effect on the validity and applicability of the other conditions and shall not exempt the user from their duty to comply therewith. The failure to demand the execution of a condition in these General Terms of Use, or to do so belatedly shall not be interpreted as a waiver on the part of LYFESTREAM APP to demand the respect of that condition by the user or a third-party. XI. COMPETENT JURISDICTION – APPLICABLE LAW For any claim or dispute, the user is invited to contact LYFESTREAM APP in the first instance info@lyfestream.co in order to allow an amicable solution to be found. Last updated: 7 March 2020