Terms of use

By using the products, software, data feeds, websites or other services provided by or through Live Media Group, LLC (“LMG/nowlive”) (collectively the “Service(s)”) you signify your agreement to (1) these terms and conditions (“Agreement”) and (2) LMG/nowlive’s Privacy Policy, found at www.live-media-group.com and incorporated herein by reference. If you do not or cannot agree to any of the terms of this Agreement or the Privacy Policy, do not use the Service.

Content Ownership

Pay-Per-View (“PPV”) broadcasts, whether live or on-demand, are owned and operated by or licensed to LMG/nowlive. “We”, “us”, and “our” refer to LMG/nowlive. “You” and “your” refers to the user of the Service. Unless otherwise noted, all media made available through the Service, including without limitation all information, audio, video, data, online services, text, pictures, games, animation and graphics (“Content”) is protected by exclusive rights, copyrights, trademarks, service marks, patents and/or other proprietary rights of LMG/nowlive or third parties who have licensed LMG/nowlive to make such Content available to others. LMG/nowlive, on behalf of itself, its Content providers and licensors, expressly reserves all intellectual property rights in all Content. Except as expressly provided herein, no right, title or interest in any Content is transferred to you as a result of your use of the Service, or your payment to LMG/nowlive or any third party in exchange for the ability to access and view particular Content.

Permissible Use


All use of the Service and/or Content is for private, noncommercial viewing and use ONLY. LMG/nowlive and third party Content providers make their Content available (via streaming, on-demand, or download) to LMG/nowlive users, including you, subject to certain written and/or electronic restrictions which may limit your access to or use of the Content on a title-by-title basis (e.g. time and geographic restrictions). You acknowledge that LMG/nowlive or its licensors may include digital rights management technology in the Content, and that such technology may “time out” or automatically disable your ability to view and use certain downloaded or streaming Content after a stated period of time.
LMG/nowlive grants you a non-exclusive, non-transferable, limited, revocable license to access and use the Service solely for personal, private, non-commercial purposes in accordance with this Agreement, provided that you maintain all copyright, trademark, exclusive rights and other proprietary notices contained therein. If you violate the Agreement, your permission to access/use the Service automatically terminates.

You may not:

Submissions to LMG/nowlive


In order to avoid potential misunderstandings and conflicts, we do not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. All unsolicited creative materials, suggestions, ideas or other information communicated by you to LMG/nowlive will be deemed the property of LMG/nowlive. We will not be required to treat any such submission as confidential or subject to a proprietary interest owned by you or any other person who may have contributed to the submission. LMG/nowlive and its licensors shall not be liable for the use of any ideas submitted by you or for any similarities that may appear in our future products, services, advertising or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the submission of every kind and nature everywhere. We will be entitled to use the submission for any commercial or other purpose whatsoever, without compensation to you or any other person who contributed to the submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

Third Party Content


You agree that, to the extent LMG/nowlive users post any information on any LMG/nowlive website, those users, and not LMG/nowlive, are entirely responsible for all information posted by them. LMG/nowlive and its licensors do not guarantee the accuracy, integrity or quality of Content or information. Neither LMG/nowlive nor its licensors shall be liable in any way for any Content or other information made available through the Service or on any website, including without limitation for any loss or damage of any kind from infringement of any copyright, performing right, right of privacy, trademark, moral right, patent, trade secret or other proprietary right or interest, or from any defamation, obscenity, pornography, harassment, error or omission.

Complaints and Investigations


In order to ensure that LMG/nowlive provides a high-quality and law-abiding service, LMG/nowlive reserves the right to access your information and/or account to investigate complaints or allegations of abuse against you. LMG/nowlive does not have an obligation to inform you of any complaints against you or the commencement or results of any investigation. LMG/nowlive has no obligation to investigate any complaint made by you or against you. We reserve the right, but have no obligation, to take any action we deem appropriate following an investigation, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any relevant information, including without limitation your contact information, usage history, posted materials, IP addresses and traffic information.

In the event you believe your copyrighted content is being infringed by Content available through the Service, you agree to provide LMG/nowlive with notice of such infringement by supplying, in writing, the information provided below. This information needs to be completed and sent via email to LMG/nowlive at support@nowlive.com. This procedure is exclusively for notifying LMG/nowlive that you believe your copyrighted material has been infringed. Send:

Service Restrictions


 We reserve the right to refuse service, including registration, subscription or any transactions, to anyone for any reason or no reason. You agree that LMG/nowlive, in its sole discretion and without advance notice to you, may terminate, suspend or otherwise place restrictions on your PPV purchase, account, password or use of the Service for any reason or no reason. Upon such termination, you must cease use of the Service and Content, erase any Content from all computer memories and storage devices within your possession or control, and destroy all materials obtained in connection with the Service and all related documentation and all copies and installations thereof. You agree that LMG/nowlive and its licensors will not be liable to you or any third party for any refusal of service, suspension, termination or other restriction of your access to or use of the Service or any third party’s access to or use of the Service.

Modification or Interruption of Service


LMG/nowlive reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without advance notice to you. You agree that LMG/nowlive and its licensors will not be liable to you or to any third party for any modification of the Service or any interruption of the availability of the Service or to any PPV Content, regardless of reason or duration.

LMG/nowlive reserves the right to modify the price of the Service or any feature thereof, including but not limited to any PPV broadcast. LMG/nowlive is not responsible for any error in copy, images, or video relating to the Service or any feature thereof.

Links to Third Party Sites


Inclusion of links to any third party website does not imply our approval or endorsement of the linked website. If you decide to access the third-party sites, you do so at your own risk. LMG/nowlive is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, privacy policies, advertising, products, or other materials on or available from such sites. You acknowledge and agree that LMG/nowlive will not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available through any such sites.

Personal Information


To make purchases and engage in transactions, you may be required to register and create a personal account. When creating your account, you must provide accurate and complete information. You are solely responsible for any activity that occurs on your account, and you must keep your account password secure. You must notify LMG/nowlive immediately of any breach of security or unauthorized use of your account.

In order to make purchases, you may be required to provide complete and accurate Personal Information consisting of your name, address, telephone number, email address, credit card information and shipping address (if necessary). Your ability to purchase any Service is subject to limits established by your credit card issuer or banking institution.

Pricing


 Prices and terms of sale for LMG/nowlive registration, subscription and transactions will be those in effect on the date on which you submit sufficient information to complete your order (e.g., valid credit card information or submission of a completed online order form). LMG/nowlive reserves the right to change prices at any time (except with respect to your completed orders), and LMG/nowlive may require payment for Content or features of the Service that was previously free or eliminate charges for Content or Service that previously required payment. LMG/nowlive will charge your credit card as soon as is practicable for LMG/nowlive. LMG/nowlive shall not be liable in any way with respect to the timing of any charges to your credit card. Your ability to purchase any Service and access Content is subject to limits established by your credit card issuer or bank. You must immediately notify LMG/nowlive of any change in your credit card information, including any change to your home address. You must pay all amounts accrued in your account, including sales tax.

By making a purchase, you acknowledge and agree that your credit card or bank account is being charged by the payment processor of LMG/nowlive.

All Transactions Final


 Unless otherwise noted, all paid transactions are final. Once you have accessed any particular Content, whether by downloading, streaming, on-demand or otherwise, you will be deemed to have enjoyed the full benefit of the transaction, regardless of the specific terms attached to that Content by its owner (e.g., terms providing that downloaded Content may be used for a specified period before it is automatically timed out or disabled on your device). LMG/nowlive and its licensors shall have no responsibility to reimburse you, whether by refund or credit, in the event you are dissatisfied with any particular Content (e.g., potentially offensive material or an error by you as to which title you intended to purchase), the quality of the Content (e.g., the quality of video or audio), the terms applicable to use of the Content as required by its owner (e.g., the duration of your license), the delivery of the Content to you (e.g., the speed of Your connection to LMG/nowlive PPV Content) or any other matters outside LMG/nowlive’s control. The Service and Content are subject to transmission limitations of the Internet, including without limitation video and audio dropouts, rebuffering or loss of connection. Programming, pricing, terms and conditions of the Service are subject to availability and change.

In the event LMG/nowlive is unable to deliver a scheduled event (e.g., a live stream event) for which you have already paid, LMG/nowlive may provide you with a refund, credit or access for a re-scheduled date, in its sole discretion. You will not be entitled to any refund or credit if you cancel your order prior to the scheduled event, simply fail to view a scheduled event or are unable to receive a scheduled event because of a problem with your computer, your network connection, any intervening network connections or some other reason not attributable to LMG/nowlive. Certain refund policies may exist for certain subscription services (e.g. Live Pay-Per-View Streaming, not on-demand). To request a refund you must send an email with your full name, address, telephone number, email address associated with purchase, and reason for the refund request to support@nowlive.com.

If a subscriber is having issues with the live video stream, they MUST make contact with LMG/nowlive via email to support@nowlive.com DURING the event so that a customer service representative can troubleshoot the problem and determine whether the issue is on the user’s end or on LMG/nowlive’s end. If it is determined that the issue is on LMG/nowlive’s side, then a credit may be issued for a future event of equal value. If the issue is on the subscriber’s end, whether computer or Internet related, then no credit can be offered and the sale is final. LMG/nowlive may attempt to help a subscriber troubleshoot and fix potential problems, but LMG/nowlive will not be liable for issues stemming from the subscriber’s end. All emails made after the fact (after the event has concluded) regarding issues with the stream and requests for then refunds and/or credits will NOT be processed due to the fact that they came in after an event and LMG/nowlive was not given the opportunity to troubleshoot and determine the source of the problem(s) while they were happening.

Subscription activation for Content/Service, and your ability to access the Content/Service, is subject to approval of your valid major credit card or bank and verification of other information that you submit or is otherwise obtained by LMG/nowlive (e.g., your IP address). Scheduled events may be canceled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber. Blackout restrictions may apply to certain live PPV Content, depending on the location from which you attempt to access the Content. IF YOU ATTEMPT TO CIRCUMVENT ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION, YOUR RIGHT TO ACCESS CONTENT WILL BE SUBJECT TO IMMEDIATE TERMINATION AND YOU MAY BE SUBJECT TO LEGAL ACTION.

Children


LMG/nowlive does not sell Services or Content for purchase by children. In order to register for the Service, you must be at least 18 years of age. No information may be submitted to us by persons under the age of 13 without the consent of a parent or legal guardian, nor may persons under the age of 18 undertake transactions or take other legal acts without such consent, unless permitted by applicable law.

Indemnification


 You agree to indemnify, defend and hold LMG/nowlive, its distribution partners and content providers, and their partners, agents, distributors, promoters, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense related to your alleged violation of this Agreement, your use of the Service or Content or your violation of any third party right, including without limitation any copyright, property or privacy right.

No Warranty


 THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU ON AN “AS-IS” BASIS, AND NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LMG/nowlive, ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS AND/OR THEIR PARTNERS, AGENTS, DISTRIBUTORS AND PROMOTERS REGARDING THE SERVICE OR CONTENT, OR YOUR USE OR VIEWING OF THEREOF, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO THE AVAILABILITY, ACCURACY, VIDEO OR AUDIO QUALITY AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

LMG/nowlive DOES NOT WARRANT THAT: (1) THE SERVICE OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SERVICE OR CONTENT WILL BE CORRECTED; (3) THE SERVICE OR CONTENT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE SERVICE OR CONTENT WILL BE ACCURATE OR RELIABLE.

Limitation of Liability


 NEITHER LMG/nowlive NOR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING THE ACTIVE OR PASSIVE NEGLIGENCE OF THE AFOREMENTIONED ENTITIES), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SERVICE AND CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR CONTENT, OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE, CUMULATIVE LIABILITY OF LMG/nowlive, ITS DISTRIBUTION PARTNERS AND CONTENT PROVIDERS AND THEIR DISTRIBUTORS, PROMOTERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO LMG/nowlive. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NEITHER LMG/nowlive NOR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY FAILURE TO PERFORM ANY OF ITS OBLIGATIONS AS CONTAINED HEREIN DUE, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY OTHER EVENT BEYOND THE CONTROL OF LMG/nowlive OR THE AFOREMENTIONED ENTITIES. NEITHER LMG/nowlive NOR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF THE SERVICE OR CONTENT.

Changes to the Terms of Use


LMG/nowlive reserves the right to modify this Agreement at its sole discretion and without advance notice to you. Your use of the Service and/or Content following any such change constitutes your unconditional agreement to follow and be bound by the Agreement as modified. Any modifications to the Agreement shall become effective immediately upon posting. This Agreement may not be otherwise amended except in a writing signed by you and LMG/nowlive. If you do not or cannot agree to the Agreement at any time, your only option is to cease all use of and access to the Service and Content.

Governing Law


This agreement will be governed by the laws of the State of California. You agree that any dispute arising out of this Agreement or your use of the Service or Content will be heard only in the state or federal courts located in California, and you hereby consent and submit to the personal jurisdiction of such courts. You agree that any actual or threatened breach of this Agreement by you could result in irreparable harm to LMG/nowlive and, accordingly that LMG/nowlive shall be entitled to immediate injunctive relief, including a temporary restraining order and/or preliminary injunction without the necessity of a bond or other undertaking, to restrain such breach or threatened breach.

Neither LMG/nowlive nor its distribution partners or content providers or their distributors, partners, agents or promoters make any representation that the Service or Content is appropriate or available for use in any particular location. If you use the Service or Content you are responsible for compliance with all applicable local laws.

General


 We do not guarantee continuous, uninterrupted or secure access to the Service or Content, which may be interfered with by numerous factors outside our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. This Agreement and the rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by LMG/nowlive in our sole discretion. Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement (including any Privacy Policy and Terms of Use which may be incorporated herein) is the entire agreement between us relating to the subject matter herein and shall not be modified except as permitted herein.

Miscellaneous


 This Agreement constitutes the entire agreement between the parties, and supersedes all prior written and oral agreements or communications with respect to the subject matter herein. LMG/nowlive in its sole discretion may amend this Agreement, and your use of the Service or Content after such amendment will constitute acceptance of it by you.

If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms.

Acceptance of Terms and Conditions


BY USING THE SERVICE OR CONTENT YOU REPRESENT AND WARRANT THAT YOU ARE A LEGAL ADULT, THAT YOU MEET ALL OTHER ELIGIBILITY AND RESIDENCY REQUIREMENTS, AND THAT YOU ARE FULLY ABLE AND LEGALLY COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT AND TO ABIDE BY AND COMPLY WITH THESE TERMS AND CONDITIONS. If you do not agree to the terms in this agreement, you must not access/purchase/use the Service or Content. LMG/nowlive may change the terms of this Agreement at any time, and your use of the Service or Content after such changes are posted will mean you accept the terms.