TERMS AND CONDITIONS OF USE
Welcome to URWRLD.Live (“URWLRD” or “Company”). URWRLD’s Terms of Use (“Terms of Use”) and Privacy Policy (“Privacy Policy”) governs your access and use of our live streaming service and programs (“Program”) hosted on the website, software applications, and player for viewing URWRLD’s programming (collectively the “Content”) including all features, tools, applications, materials or other services offered by URWLRD, its subsidiaries and affiliates, and all related tools and services you utilize from URWRLD through your use of the Program (the “Services”). If you continue to browse and/or use the Services, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern URWRLD’s relationship with you. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
These Terms of Use set forth the terms and conditions of URWRLD applicable to your use of the Services offered through the Program. We encourage you to read these Terms of Use carefully. URWRLD may revise, modify and/or supplement these Terms of Use at any time (the “Revised Terms of Use”). When changes are made, we will make the revised version available on the URWRLD Program and/or software applications, and will indicate at the top of this page the date that revisions were last made. If you do not agree to the Revised Terms of Use, you must close your account and stop using the Services. By continuing to use the Services following notice, or by failing to close your account, you hereby expressly agree to be bound by the Revised Terms of Use and acknowledge that your continued use of and access to the Services is valid consideration for the Revised Terms of Use.
PART ONE
TERMS FOR ALL USERS
- Limited License. These Terms of Use contain details on your limited right and license to use the Program solely in connection with your use of the Services. The Program contains material that is protected by copyright and other applicable intellectual property laws in the United States and other territories and by international treaty provisions. URWLRD grants you a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in these Terms of Use, to install and use the Program, in object code form only, provided to you by or on behalf of URWLRD in connection with your use of the Services. The Program is licensed, not sold or given, to you by URWLRD for use only under these Terms of Use, and all rights not specifically granted to you herein are reserved to URWLRD and to any third party with ownership rights in software and materials used in the Program. You may not remove any proprietary notice of URWRLD or any other party from any copy of the Program or documentation.
- Privacy. URWLRD’s Privacy Policy applies to use of the Program, and its terms are made a part of these Terms of Use by this reference. Please refer to our Privacy Policy for information on how URWRLD collects, uses and discloses personally identifiable information. Additionally, by using the Program, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Program may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
- Ownership of Program and Content. The Program is owned and operated by URWRLD. Unless otherwise stated, all material on this Program, in whole and in part, is the property of URWRLD. Unless otherwise stated, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Program is owned, controlled or licensed by or to URWRLD or third parties, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. None of this Content is in the public domain. As such, no portion of this Program may be downloaded, distributed, published, altered, stored, transmitted, or copied, electronically or by any other means known now or in the future, without express written permission from URWLRD or its designated agents. Content may be watermarked, visibly and nonvisibly, to track and assure copyright protection. Violating copyright or trademark laws carries significant penalties. URWRLD will enforce its intellectual property rights. No part of the Program and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Program or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of URWRLD or the direct owners of the Content. Also protected are all application, database, web page and web server programming, and other software created by, or licensed by, URWLRD for the development, production, and operation of this Program, its internal platforms, and the host computer network.
- Registrations and Your Information.
If you wish to use features of URWRLD Services, you will need to create an account (“Account”). You may do this by providing your email address via the URWRLD.Live Site, or using your account with certain third-party social network services (each, an “SNS Account”). If you choose the SNS Account option, URWRLD will create your Account by extracting from your SNS Account certain personal information such as your name, email address and other information that your privacy settings on the SNS Account permit us to access. Your Account information must be accurate and complete and you agree to update such information to keep it accurate. If your Account information is not updated, URWRLD may suspend or terminate your Account. You agree to keep your password and Account information secure. Should you discover an unauthorized use of your Account, you agree to notify URWRLD immediately.
- Modification and Termination of Program. URWRLD reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Program and/or Services, or any portion of the Program and/or Services, for any reason; (2) to modify or change the Program and/or Services, or any portion of the Program and/or Services, and any applicable policies or terms, including those concerning artist compensation; and (3) to interrupt the operation of the Program and/or Services, or any portion of the Program and/or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Your continued use of the Program and/or Services following the posting of changes will mean that you accept and agree to the changes. You agree that URWLRD shall not be liable to you or any third party for any modification or discontinuance of the Service or Program, or any portion thereof.
- Eligibility to Use Services. You represent and warrant that you meet and will continue to meet the following eligibility requirements for as long as you use the all services offered by URWRLD: (a) you are at least thirteen (13) years old to use the Program; (b) if you are under thirteen (13) years old, you have first secured your parent or legal guardian’s consent to complete any purchases or transactions through the Program; (c) you comply with all laws, rules and regulations in connection with your use of the Service and any services arranged through the Program, including without limitation legal authorization to work in the jurisdiction in which you seek to provide or receive services; and (d) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use and the applicable Terms of Sale. By using the Service, you understand and agree that URWRLD may rely on the above representations and warranties as true. You understand and agree that URWRLD may revise the eligibility requirements from time to time and require new conditions and certifications and that you will abide by such revised eligibility requirements or discontinue using the Service. If URWRLD becomes aware of or believes that there are violations of the eligibility requirements by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.
- Use of Services. You agree to use the Services in a manner that is lawful, relevant and proper. Any use of the Services that URWRLD, in its sole discretion, determines to be inappropriate or offensive or contrary to these Terms of Use may result in suspension or termination of your account with or without notice. URWRLD reserves the right to suspend or terminate your account with or without notice at any time in its sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Services after termination or during suspension. You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Services: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) defaming, abusing, harassing, harming, stalking, threatening or otherwise violating the legal rights (including without limitation rights of privacy and publicity) of others; (c) attempting to probe, scan, or test the vulnerability of the Services, the Program, or to breach security or authentication measures without proper authorization; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using the Program or the Services to send unsolicited e-mail, including, without limitation, illegal promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by URWRLD in providing the Program or the Services; (h) uploading files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity; (i) harvesting or otherwise collecting information about Users without their consent; (j) impersonating another person or allowing any other person or entity to use your user name, password or membership; (k) reproducing, duplicating, copying, selling, re-selling or exploiting any information, materials or content on the Services; (l) selling, renting, sublicensing or leasing of any part of the Service or the Content; (m) circumventing any territorial restrictions applied by URWRLD or it licensors; (n) removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content or User Content); (n) providing your password to any other person or using any other person’s username and password; and (o) copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Content, or otherwise making any use of URWRLD or the Content which is not expressly permitted under these Terms of Use or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in URWRLD or the Content or any part of it. Enforcement of these Terms of Use is solely at URWRLD discretion, and failure to enforce in some instances does not constitute a waiver of our right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or third party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms of Use.
- Non-Circumvention Programs. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Program or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Program or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Program. URWRLD reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Program, or any other systems or networks connected to the Program or to any URWRLD server, or to any of the services offered on or through the Program, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Program or any network connected to the Program, nor breach the security or authentication measures on the Program or any network connected to the Program. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Program, or any other customer or member of URWRLD, including any URWRLD account not owned by you, to its source, or exploit the Program or any Services or information made available or offered by or through the Program, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Program. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Program or URWRLD systems or networks, or any systems or networks connected to the Program or to URWRLD. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Program or any transaction being conducted on the Program, or with any other person’s use of the Program. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to URWRLD on or through the Program or any Services offered on or through the Program. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Program or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of URWRLD or others.
- Third-Party Links. From time to time, the Program may also include links to services, platforms, advertisers, applications, information, and content owned or controlled by third-parties. These links are provided for your convenience to provide further information. They do not signify that URWRLD endorses the third-party program(s), service(s), information or content. URWRLD has no responsibility for the content of the linked platform(s). You agree that your use of such platforms, services and/or content is at your own risk, and that URWRLD Terms of Use do not apply to such platforms, services and/or content. You should carefully review any applicable terms and conditions that would apply to your use of these third-party platforms, services and/or content. URWRLD expressly disclaims, and you expressly release URWRLD from, any and all liability and damages arising from or in any way related to your use of these third-party platforms, services and/or content.
- Advertisements. Advertisements and third-party material on the Platform may be provided by independent advertisers and content creators. URWRLD does not endorse, guarantee, or assume responsibility for the accuracy, legality, or appropriateness of any content within advertisements or third-party material. The Company expressly disclaims any liability for advertisements displayed on URWRLD. Users understand that they engage with advertisements at their own risk, and URWRLD is not responsible for the content, products, or services offered in these advertisements. Users are encouraged to report any advertisements or third-party material that they find inappropriate or in violation of our policies. URWRLD will review such reports and take appropriate action.
- Limitation of Liability. EXCEPT WHERE OTHERWISE PROHIBTED BY LAW, URWRLD WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFIT OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PROGRAM. URWRLD WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND THE REASONABLE CONTROL OF URWRLD, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS. IN NO EVENT WILL URWRLD’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SERVICES OR PROGRAM EXCEED THE AMOUNT OF MONEY RECEIVED FROM YOU, IF ANY, BY URWRLD DURING FROM THE PRIOR 12-MONTH PERIOD OF YOUR SUBSCRIPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO CONTENT PROVIDER. FOR INSTANCE, IF CONTENT PROVIDER IS A CALIFORNIA RESIDENT, CONTENT PROVIDER AGREES TO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- DISCLAIMERS. URWLRD DOES NOT PROMISE THAT THE PROGRAM OR ANY CONTENT, SERVICE OR FEATURE OF THE PROGRAM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PROGRAM WILL PROVIDE SPECIFIC RESULTS. THE PROGRAM AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE PROGRAM IS SUBJECT TO CHANGE WITHOUT NOTICE. URWRLD CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU ACCESS FROM THE PROGRAM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. URWRLD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, TITLE, CUSTOM, USE AND FITNESS FOR A PARTICULAR PURPOSE. URWRLD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. URWRLD HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE URWRLD FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE. URWRLD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PROGRAM AND/OR ANY URWRLD SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PROGRAM AND ANY LINKED SITES. URWRLD hereby expressly disclaims, and you hereby expressly release URWRLD from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Service or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users online or offline. YOUR SOLE REMEDY AGAINST URWRLD FOR DISSATISFACTION WITH THE PROGRAM OR ANY CONTENT IS TO STOP USING THE PROGRAM OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. This disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
- Indemnity. You agree to indemnify and hold harmless URWRLD, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees and court costs), made against URWRLD by any third party due to or arising out of or in connection with (a) your use of the Program and/or Services, (b) your violation of this Terms of Use, (c) the infringement of any intellectual property or any other right of any person or entity by you, or any other user of the Program using your computer; (d) disputes between you and other Users; (e) your use and/or misuse of the Service; (f) your violation of any applicable law, rule or regulation; and/or (g) the inclusion by you of any inaccurate, misleading, false or deceptive statements within your User Content. URWRLD hereby reserves the right to assume the control and defense, at its own expense, of any matter otherwise subject to indemnification by you. Regardless, you shall provide reasonable cooperation to URWRLD as requested by URWRLD in defense of all such claims.
- Recovery of Costs and Fees. If URWRLD does take any legal action against you as a result of your violation of these Terms of Use, URWRLD will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to URWRLD. You agree that URWRLD will not be liable to you or to any third party for termination of your access to the Program as a result of any violation of these Terms of Use.
- Arbitration and Choice of Law. Use of the Program, the Services, and any dispute arising out of such use of the Program and/or Services, shall be construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any other jurisdiction other than the State of California. If a dispute arises out of or in connection with your use of the Program, the Parties shall first try to resolve the dispute with the help of a mutually agreed upon mediator, preferably one familiar with the Entertainment Industry, in Los Angeles County, California associated with the American Arbitration Association and according to the AAA Commercial Arbitration Rules, or any other dispute resolution service agreed to by the Parties. Any costs and fees other than attorney fees will be shared equally by the parties. If it is impossible to arrive at a mutually satisfactory solution within a reasonable time, the parties shall submit the dispute to binding arbitration in Los Angeles County, California, conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The Parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and this Paragraph, and that Company and Content Provider are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of the Agreement. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
- Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND URWRLD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and URWRLD agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
- Void Where Prohibited. URWRLD administers and operates the Program from its location in Los Angeles County, California USA. Although the Program is accessible nationwide, not all features, products or services discussed, referenced, provided or offered through or on the Program are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. URWRLD reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Program is void where prohibited. If you choose to access the Program from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
- No Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
- Severability. If any of the provisions of these Terms of Use are held by a tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and URWRLD with regard to your use of the Program, and any and all other written or oral agreements or understandings previously existing between you and URWRLD with respect to such use are hereby superseded. URWRLD’s failure to enforce strict performance of these Terms of Use shall not be construed as a waiver by URWRLD of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between URWRLD and you or any other party be deemed to modify any provision of these Terms of Use.
PART TWO
TERMS OF USE FOR PURCHASES
- Purchases. URWRLD reserves the right, at its discretion, to periodically provide the option for purchases of merchandise or services on its Programs. By completing a purchase on URWRLD, you enter into a binding agreement with URWLRD for the acquisition of specified content, services or merchandise.
- Pricing and Availability. All prices are shown in United States dollars. Taxes, shipping and handling charges are additional. All items are subject to availability, and URWRLD reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
- Online Payment Service. URWRLD may use third-party payment processing services to process credit card payments and information in connection with the payment of services or merchandise it offers in connection with the Program. URWRLD may also offer an online payment service to facilitate payments between Users, which may be subject to availability based on geographic area, subscription enrollment or other basis, as determined by URWRLD. URWRLD hereby expressly disclaims, and you hereby expressly release URWRLD from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to URWRLD’s use of third-party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties.
- Third-Party Pay-Per-View Services. URWRLD reserves the right to collaborate with third-party pay-per-view services for the provision of select programming on its platform. Users opting to access such programming through third-party pay-per-view services acknowledge that transactions will be subject to the terms and conditions of the respective pay-per-view service provider. URWRLD disclaims any responsibility for transactions, security, or content-related matters conducted through third-party pay-per-view services. Users are encouraged to review and comply with the terms and conditions of the chosen pay-per-view service provider. URWRLD retains the right to modify or terminate such collaborations with third-party pay-per-view services at its discretion.