Live Planet VR Studio Terms of Service

IMPORTANT-PLEASE READ: These Live Planet VR Studio Terms ofService for the (“Terms of Service”) apply to any use of theproprietary hosted immersive online platform (the “VR Studio”)offered by Live Planet, Inc. (“Live Planet”, “Company”, “us,” “our,”or “we”) and our related services for the producing, editing, storing,distributing and viewing services of virtual reality and 360◦ videocontent from a Live Planet and/or third party video camera (the“Services”) by you (“User”, “you”, or “your”). Please read these Termsof Service carefully before accessing, registering for or otherwiseusing the VR Studio and/or Services. By clicking the “Yes”button or by accessing, registering for or otherwise using the VRCloud Platform or the Services you are agreeing to be legally bound bythese Terms of Service.

These Terms of Service provide that all disputes related to theseTerms of Service will be resolved by BINDING ARBITRATION. YOU AGREE TOGIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rightsunder this contract (except for matters that may be taken to smallclaims court). Your rights will be determined by a NEUTRAL ARBITRATORand NOT a judge or jury and your claims cannot be brought as a classaction. Please review the Arbitration Agreement in Section 15 for thedetails regarding your agreement to arbitrate any disputes arisingunder these Terms of Service, including any limitations of thatagreement.

1. Definition of terms

As used in these Terms of Service:

“Period” means the period commencing on the date that you firstregister to use the Services and continuing for the time that you are registered to access the VR Studio and/or the Services.

“System” means collectively the VR Studio, Services andany Mobile App that Live Planet may make available to you to accessand use the VR Studio from a mobile device.

“Customer Content” includes the text, software, scripts,graphics, photos, sounds, music, videos, audiovisual combinations,interactive features and other materials you may upload to the VRCloud Platform, and produce, edit, store, distribute, access or viewwith the Services.

“Documentation” means specifications, written guidelines, userguides, manuals, help files and other documents that Live Planetprovides to you relating to your use of the System.

“Mobile Apps” means the mobile applications that Live Planetmakes available to facilitate access to and use of the VR CloudPlatform.

“Territory” shall mean worldwide.

2. Eligibility

You must be at least 18 years old to use the VR Studio. Byagreeing to these Terms of Service, you represent and warrant to usthat you are at least 18 years old. If you are using the VR CloudPlatform on behalf of an entity, organization, or company, yourepresent and warrant that you have the authority to bind thatorganization to these Terms of Service and you agree to be bound bythese Terms of Service on behalf of that organization.

3. Account registration

To access and use the VR Studio, you will be required toregister for an account (“Account”). By creating an Account, you agree to: (i) provide accurate, currentand complete Account information; (ii) maintain the security of yourpassword, not share your password with any other person and accept allrisks of unauthorized access to your Account. You are entirely liablefor all activities conducted through your Account and are responsiblefor ensuring that any person who uses your Account is aware of andcomplies with these Terms of Service. Each user will select a uniqueuser name during the registration process. If Live Planet finds a username to be offensive or improper or belong to another person withintent to mislead, Live Planet may, in its sole and absolutediscretion, change the name or suspend or terminate your Account andyour access to the VR Studio.

4. Use of services

A. Live Planet License. Subject to these Terms of Service, LivePlanet grants to you a non-exclusive, non-transferable limitedlicense, personal, non-exclusive license right, solely for the Periodand solely within the Territory, to access and use the VR CloudPlatform and related Services for the storage, publishing and/orviewing of Customer Content in accordance with the Documentation andall applicable laws and regulations.

B. Customer Content. You retain all rights and ownership ofyour Customer Content. We do not claim any ownership rights to yourCustomer Content. We require certain licenses from you to yourCustomer Content to operate and enable the Services. When you uploadCustomer Content to the VR Studio, you grant Live Planet andits authorized service providers a non-exclusive, worldwide license touse, reproduce, publicly display, distribute, modify (solely asnecessary to format your Customer Content for distribution), publiclyperform, store, adapt and translate the Customer Content as directedby you in connection with the VR Studio and Services. For suchformatting purposes, you irrevocably consent to any and all acts oromissions by us or persons authorized by us that may infringe anymoral right (or analogous right) in your Customer Content. We willonly access, view, or listen to Customer Content in limited ways. Forexample, in order to perform the Services, we may need to access,view, or listen to Customer Content to (a) respond to supportrequests; (b) detect, prevent, or otherwise address fraud, security,unlawful, or technical issues; and (c) enforce these Terms of Service.

C. Storage. While the Services may provide storage, you aresolely responsible for the integrity and quality of you CustomerContent, and for maintaining an appropriate backup thereof. LivePlanet is not responsible for loss of data. We may create reasonabletechnical limits on your Customer Content, such as limits on filesize, storage space, processing capacity, and other technical limits.We may also suspend your use of the VR Studio or Servicesuntil you are within the storage space limit associated with yourAccount.

D. Feedback. You may choose to provide Live Planet with oralfeedback and/or written feedback related to your use of the System,including, but not limited to, a report of any errors which youdiscover in the System, or suggestions for improvements or changes tothe System. Such reports, and any other materials, information, ideas,concepts, and know-how provided by you to Live Planet concerning theSystem and any information reported automatically through the Systemto Live Planet (<b>“Feedback”</b>) will be the property of LivePlanet. You hereby grant Live Planet a perpetual, irrevocable,sublicensable, non-exclusive, fully-paid and royalty-free, worldwidelicense to use reproduce, distribute, modify and prepare derivativeworks of any Feedback for any purpose, including but not limited tothe development and improvement of the System or other Live Planetproducts or services.

E. Support. Live Planet will use reasonable commercial effortsto provide you with a limited amount of email support during thePeriod in a manner consistent with Live Planet’s technical supportprovided to other customers.

F. Third Party Sites and Services. The VR Studio may beembedded in or contain links to third party websites that are notowned or controlled by Live Planet. Live Planet has no control over,and assumes no responsibility for, the content, privacy policies, orpractices of any third-party websites. In addition, Live Planet willnot and cannot censor or edit the content of any third-party site. Byusing the VR Studio, you expressly relieve Live Planet fromany and all liability arising from your use of any third-partywebsite.

G. Fees. Live Planet charges fees for the use of the VR Studio foractivities such as the storage of Customer Content, the publishing oflive or prerecorded Customer Content and the viewing of CustomerContent (“Fees”). Note that, if You elect to have any given item ofCustomer Content transcoded for streaming through multiple viewingplatforms, You will need to store a copy of each transcoded version ofthat item of Customer Content and that may increase your storage Fees.You can always view the then-current fee schedule atcloud.liveplanet.net/fees. You agree to pay the applicable Fees withrespect to your use of the System. All Fees are quoted in the UnitedStates currency. Except as otherwise provided in this Agreement, Feesare non-cancellable and once paid are non-refundable. In addition tosuch Fees, Customer shall pay all applicable sales, use and othertaxes or duties (excluding taxes based on Live Planet’s income).Unless otherwise agreed upon with Live Planet, you will purchase blockof credits (and use any other credits issued to you by Live Planet) tobe applied towards Fees that you incur as you use the System. Any pastdue payment not received in a timely manner shall accrue interest(except with respect to charges then under reasonable and good faithdispute), at the lower of 1.5% of the outstanding balance per month(being 18% per annum), or the maximum rate permitted by law, from thedate such payment is due until the date paid. You agree to pay allsums expended (including reasonable legal fees) in collecting overduepayments. If You believe that any Fees charged are incorrect, Customermust contact Live Planet in writing within thirty (30) days of theinvoice date of the invoice containing the amount in question to beeligible to receive an adjustment or credit.

H. The Mobile App(s) are licensed to You under the terms of the LivePlanet VR/360° Camera End User Software License Agreement available at https://liveplanet.net/eula

5. Restriction on use

A. Intended Use. You represent that you intend to use theSystem solely for lawful purposes. You agree not to publish ordisclose the results of your evaluation or benchmarking of the System,or use such results for the benefit of any competing product orservices development activities. You acknowledge that the form andnature of the System may change without prior notice and that futureversions of the Live Planet VR Studio and may be differentand/or incompatible with content and applications developed using theSystem. Use of the System is subject to all laws, regulations, andordinances applicable in your jurisdiction. It is solely yourresponsibility to determine whether your use of the System complieswith local laws, regulations, and ordinances, and to ensure that youruse complies with all applicable laws, regulations and ordinances. Ifyou do not have sufficient information to determine whether your useof the System comply with all applicable laws, regulations, andordinances, then do not use the System.

B. Your Responsibilities. You shall: (i) be responsible for thecompliance with these Terms of Service by any user accessing the VRCloud Platform or the Services through your Account, (ii) beresponsible for the accuracy, quality and legality your CustomerContent used with the System and of the means by which you acquiredyour Customer Content, including acquiring the appropriate licenses orrights of publicity from any third party whose content, name orlicense may be included in the Customer Content; (iii) usecommercially reasonable efforts to prevent unauthorized access to oruse of the VR Studio and Services and notify Live Planetpromptly at cs@liveplanet.com of any such unauthorized access or use,and (iv) use the VR Studio and Services only in accordancewith the Documentation.

C. Unauthorized Activities. You promise not to use the Systemfor any purpose that is unlawful or prohibited by these Terms ofService. When using the System, you agree not to take any actions thatare inappropriate or disruptive to the VR Studio or Services,including without limitation, the following:

  • Incite, engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Service, community standards or any other terms or policies provided by Live Planet;
  • Upload or produce Customer Content which is offensive, illegal, dangerous, libelous, gratuitously violent, or threatening content or activity which Live Planet, in its sole discretion, deems objectionable;
  • Upload any personal information that you do not have authority or permission to upload or to store or transmit material in your Customer Content which is in violation of third-party privacy rights;
  • Upload, produce or distribute any copyrighted or trademarked materials without the express permission from the owner;</li><li> Include any false or misleading information in any content, title, icon, description or screenshots or attempt to divert users or provide links to any other site that mimics or passes itself off as another app or service;
  • Use the System to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs;
  • Take any action that (i) interferes with or disrupts the integrity or performance of the VR Studio and Services; (ii) imposes an unreasonable or disproportionately large load on our infrastructure; (iii) circumvents or attempts to circumvent any filtering, security measures or other features designed to protect our VR Studio; or (iv) attempts to gain unauthorized access to the VR Studio or their related systems or networks.
  • This list of prohibitions provides examples and is not complete or exhaustive. Live Planet reserves the right to suspend or terminate your access to the VR Studio or Services, with or without notice, for any action that Live Planet determines is inappropriate or disruptive to the VR Studio, the Services, or to any other user of the System. Live Planet may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such prohibited conduct. When legally required or at Live Planet’s discretion, Live Planet will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the VR Studio or on the Internet. These prohibitions do not require Live Planet to monitor, police or remove any Customer Content or other information submitted by you or any other user.

6. Proprietary rights

A. Live Planet Intellectual Property. Live Planet (or itslicensors) own all patent, trademark, copyright, trade secret andother intellectual property rights in the System, and the underlyingsoftware and technology used to provide the VR Studio andServices. Live Planet reserves all rights in and to the System notgranted expressly in these Terms of Service.

B. Definition of Confidential Information. For purposes ofthese Terms of Service, <b>&quot;Confidential Information&quot;</b>{' '}shall include each party’s proprietary technology, business processesand technical information, product plans and designs, allcommunication between the parties regarding the System and otherinformation, whether disclosed orally or in writing, that isdesignated as confidential or that reasonably should be understood tobe confidential given the nature of the information and thecircumstances of disclosure. However, Confidential Information doesnot include information which (1) is known publicly; (2) is generallyknown in the industry before disclosure; (3) has become knownpublicly, without fault of the receiving party, subsequent todisclosure by the disclosing party; (4) the receiving party becomesaware of from a third party not bound by non-disclosure obligations tothe disclosing party and with the lawful right to disclose suchinformation to the receiving party; or (5) aggregate statistical dataregarding Live Planet products and services that does not contain anypersonally identifiable or user-specific information.

C. Protection of Confidential Information. Each party agrees:(a) to keep confidential all Confidential Information; (b) not to use or disclose Confidential Information except to the extent necessary to perform its obligations or exercise rights under Terms of Service or as directed by the disclosing party; (c) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information) and to make ConfidentialInformation available to authorized persons only on a “need to know”basis. Either party may disclose Confidential Information on a need to know basis to its contractors and service providers who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services in connection with the performance of these Terms ofService. Notwithstanding the foregoing, this Section will not prohibit the disclosure of Confidential Information to the extent that such disclosure is permitted by law or order of a court or other governmental authority or regulation.

D. Digital Millennium Copyright Act. You may have heard of theDigital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, such as Live Planet, being asked to remove content that allegedly violates someone’s copyright. While the DMCA itself only applies to copyrights, LivePlanet also extends its DMCA policy below to allegations of trademark infringement. As an online service provider under the DMCA, LivePlanet respects the intellectual property rights of others, and we ask you to do the same. Live Planet may, in appropriate circumstances and at our discretion, terminate service and/or access to the VR CloudPlatform for users who infringe the intellectual property rights of others. If you believe that there is content that appears on our VRCloud Platform which infringes a copyright or trademark, please provide Live Planet’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on our VR Studio, and information reasonably sufficient to permit Live Planet to locate the material;
  • Information reasonably sufficient to permit Live Planet to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Live Planet’s designated agent for notice of claims of copyright or trademark infringement on the VR Studio can be reached as follows:

By mail:

Live Planet, Inc.
Attn: Seth Skolnik
2355 Westwood Boulevard, #786
Los Angeles, CA USA 90064

By e-mail: support@liveplanet.com

Please also note that for copyright infringements under Section 512(f)of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability.

7. Warranty disclaimers

YOU ACKNOWLEDGE AND AGREE THAT LIVE PLANET AND ITS LICENSORS PROVIDE THE VR Studio AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND LIVE PLANET HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE VR Studio AND THE SERVICES, WHETHER EXPRESS,IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING,USAGE, OR TRADE. LIVE PLANET DOES NOT WARRANT THAT USE OF VR CLOUD PLATFORM OR ANY SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. LIVE PLANET DOES NOT WARRANT THAT THE VR CLOUD PLATFORM OR ANY SERVICES COMPLIES WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SYSTEM.

8. Limitation of liability

EXCEPT WHERE PROHIBITED UNDER BY APPLICABLE LAW, IN NO EVENT WILL LIVE PLANET, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, LICENSORS, ANDITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS(COLLECTIVELY THE “LIVE PLANET PARTIES”) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF OR INABILITY TO USE ANY VR Studio ORTHE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY(CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LIVE PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. You agree that the aggregate liability of the Live PlanetParties to you for all claims arising out of or related to these Terms of Service or your use or inability to use the VR Studio orServices shall not exceed in the aggregate the greater of (i) OneHundred Dollars ($100) or (ii) the amount of Fees paid by you to LivePlanet in the 12 month period preceding the first occurrence of events giving rise to the imposition of lability, except as may be required by applicable law. This Section and all limitations will apply even if the above stated remedy fails of its essential purpose or if the other party knew or should have known of the possibility of such damages.Each provision of these Terms of Service that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms of Service between the parties. This allocation is an essential element of the basis of the bargain between the parties and shall survive any termination or expiration of these Terms of Service.

You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms of Service and which if known, might materially affect your consent to these Terms of Service. You expressly waive all rights you may have under Section 1532 of theCalifornia Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. TO THE EXTENT REQUIRED BY APPLICABLE LAW, NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

9. Indemnity

You alone are responsible for the manner in which you use the System.You shall defend, indemnify and hold harmless the Live Planet Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your use of, or alleged use (or misuse)of, the VR Studio, any Services or the System; (b) your violation of any portion of these Terms of Service, any representation, warranty, or agreement referenced in these Terms ofService, or any applicable law or regulation; (c) your violation of any third-party right, including copyright or trademark infringe mentor violation of any intellectual property right, publicity right or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

10. Term and termination

A. Term. These Terms of Service commence on the date you first access the VR Studio, register for an Account or otherwise use the Services and continues until expiration of the Period.

B. Termination by Live Planet. Live Planet may, at any time, terminate your right to use and access the VR Studio and Services if:

  • You breach any provision of these Terms of Service, act in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms of Service or otherwise create risk or possible legal exposure for us; or
  • We are required to do so by law (for example, where the provision of the VR Studio or Services to you is, or becomes, unlawful); or
  • We elect to change, suspend, remove, discontinue or disable access to our VR Studio or the Services, in whole or in part, (such as, for example, it becomes impractical for us to continue offering Services in your region due to change of law).

C. Retrieval of Contributor Content. Upon expiration of thePeriod or termination of these Terms of Service, you shall immediately stop using the VR Studio and Services. You will have thirty(30) days to download any Customer Content stored in the VR CloudPlatform. After such thirty (30) day period, Live Planet shall have no obligation to maintain or provide any of your Customer Content and may thereafter, unless legally prohibited, delete all of your ContributorContent from our systems or otherwise in our possession or under our control. However, some copies of your Customer Content may be retained as part of our routine backups.

D. Surviving Provisions. Sections 4.B, 4.C, 4.D, 4.F, 5-9,10.C, and 11-17 shall survive any termination or expiration of these Terms of Service.

11. Force majeure

Live Planet will not be liable to you for any delay, loss, or any other matter due to an event which prevents, impedes, or delays a party’s performance of its obligations hereunder, such as an act ofGod, terrorism, war or other military or police action, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, internet service provider failure, changes in applicable law or regulation, uprising, earthquake, flood or any other natural or man-made eventuality outside of Live Planet’s control.

12. Privacy

We describe all policies related to our collection and use of data in our current Privacy Policy, which is incorporated into these Terms of Service by this reference which may be update from time to time in accordance with the terms of the Privacy Policy.

13. Publicity

Each party agrees not to issue any press release, publicity or other public statements regarding the System, without the other party’s prior written consent, except that Live Planet shall have the rights to use your name and logo on Live Planet’s website, and in sales collateral and press listings. All other marketing uses shall be subject to your prior written consent.

14. Controlling law and severability

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. These Terms of Service will not be governed by theUnited Nations Convention on Contracts for the International Sale ofGoods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any portion of theseTerms of Service to be unenforceable, such excluded term shall be replaced with a valid provision that most closely approximates the parties’ intent, and the remainder of these Terms of Service will continue in full force and effect.

15. Arbitration

A. Generally. In the interest of resolving disputes between you and Live Planet in the most expedient and cost-effective manner, you and Live Planet agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration.Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award, and your liability is nevertheless limited asset forth in these Terms of Service. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Service. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND LIVE PLANET ARE EACH WAIVING THE RIGHT TO ATRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

B. Exceptions. Despite the provisions of this Section 15, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or(d) to file suit in a court of law to address an intellectual property infringement claim.

C. Arbitrator. Any arbitration between you and Live Planet will be settled under the Federal Arbitration Act, and governed by theCommercial Dispute Resolution Procedures and the SupplementaryProcedures for Consumer Related Disputes “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online atwww.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Live Planet.

D. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Live Planet’s address for Notice is: Live Planet, Inc., 2355Westwood Boulevard, #786, Los Angeles, CA 90064, USA. The Notice must:(a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within30 days after the Notice is received, you or Live Planet may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Live Planet must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Live Planet will pay you the highest of the following:(i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Live Planet in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

E. Fees. If you commence arbitration in accordance with theseTerms of Service, Live Planet will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon inLos Angeles County, California, USA, but if the claim is for $10,000or less, you may choose whether the arbitration will be conducted: (a)solely on the basis of documents submitted to the arbitrator; (b)through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Live Planet for all monies previously disbursed by it that are otherwise your obligation to pay under theAAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

F. No Class Actions. YOU AND LIVE PLANET 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 PROCEEDING. Further, unless both you and Live Planet agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

G. Modifications to this Arbitration Provision. If Live Planet makes any future change to this arbitration provision, other than a change to Live Planet’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to LivePlanet’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected will survive, and Live Planet may refuse to provide the VR Studio and any further Services or products to you.

H. Enforceability. If Section 15.F. is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to these Terms of Service.

16. Consent to electronic communications

By opening an Account, you consent to receiving certain electronic communications from us as further described in our Privacy Policy.Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we sendto you electronically to the email you provide in your Account will satisfy any legal communication requirements, including that such communications be in writing.

17. General

These Terms of Service, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms ofService, are the entire and exclusive understanding and agreement between you and Live Planet regarding your use of the VR CloudPlatform and Services. These Terms of Service may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Service. You may not assign or transfer these Terms of Service or your rights under these Terms of Service, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Service at any time without notice or consent. Use of section headers in these Terms of Service is for convenience only and will not have any impact on the interpretation of any provision.

18. Contact information

Live Planet, Inc., producer of the Live Planet System, is headquartered in San Jose, California. You may contact us at:

support@liveplanet.net

Live Planet, Inc.

84 W Santa Clara St., Suite 460

San Jose CA 95113