TERMS OF SERVICE FOR LIVIT
WHAT INFORMATION DOES THE APPLICATION OBTAIN AND HOW IS IT USED?
User Provided Information
Terms of Service
Please read these terms of service carefully as they contain important information regarding your legal rights, remedies and obligations. these include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations. in particular, landlords should understand how the laws work in their respective cities. some cities have laws that restrict their ability to rent individual rooms to paying tenants. these laws are often part of a city’s zoning or administrative codes. in many cities, landlords must register, get a permit, or obtain a license before listing an individual room property or accepting tenants. local governments vary greatly in how they enforce these laws. penalties may include fines or other enforcement. landlords should review local laws before listing a space on livit.
Last Updated: Mar 14, 2016
TERMS OF SERVICE
“Livit Content” means all Content that Livit makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content. “Booking Request Period” means the time period starting from the time when a booking is requested by a Tenant (as determined by Livit in its sole discretion), within which a Landlord may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places. “Collective Content” means Member Content and Livit Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Guest” means a Member who requests from a Landlord a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Landlord for such Accommodation. “Landlord” means a Member who creates a Listing via the Site, Application and Services. “Listing” means an Accommodation that is listed by a Landlord as available for rental via the Site, Application, and Services. “Member” means a person who completes Livit’s account registration process, including but not limited to Landlords and Tenants, as described under “Account Registration” below. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to Governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. Certain areas of the site and application (and your access to or use of certain aspects of the services or collective content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and terms and conditions posted for a specific area of the site, application, services, or collective content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the site, application, services, or collective content. You acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, via the application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site and application. If you do not agree to these terms, then you have no right to access or use the site, application, services, or collective content. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Livit reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
HOW THE SITE, APPLICATION AND SERVICES WORK
The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties (“Accommodations”). Such Accommodations are included in Listings on the Site, Application and Services by Landlords. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create an Livit Account (defined below).
As stated above, Livit makes available an online platform or marketplace with related technology for Tenants and Landlords to meet online and arrange for bookings of Accommodations directly with each other. Livit is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Livit does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the Livit platform, Livit’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Landlord for the purpose of accepting payments from Tenants on behalf of the Landlord.
Please note that, as stated above, the site, application and services are intended to be used to facilitate landlords and tenants connecting and booking accommodations directly with each other. livit cannot and does not control the content contained in any listings and the condition, legality or suitability of any accommodations. livit is not responsible for and disclaims any and all liability related to any and all listings and accommodations. accordingly, any bookings will be made at the tenant’s own risk.
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“Livit Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Livit Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Livit through the Site, Services or Application; or (ii) allowing Livit to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Livit and/or grant Livit access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Livit to pay any fees or making Livit subject to any usage limitations imposed by such third-party service providers. By granting Livit access to any Third-Party Accounts, you understand that Livit will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Livit Account and Livit Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Livit Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Livit’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Livit Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Livit makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Livit is not responsible for any SNS Content. We will create your Livit Account and your Livit Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Livit Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Livit reserves the right to suspend or terminate your Livit Account and your access to the Site, Application and Services if you create more than one (1) Livit Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Livit Account, whether or not you have authorized such activities or actions. You will immediately notify Livit of any unauthorized use of your Livit Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, you may not request the Guest to pay a higher price than in the booking request. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guests stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Livit assumes no responsibility for a Landlord’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Livit reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Livit, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Livit’s then-current Policies and Community Guidelines (at https://Livit.com/tos), or otherwise harmful to the Site, Application or Services. If you are a Landlord, you understand and agree that Livit does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Livit is not a party thereto. Notwithstanding the foregoing, Livit serves as the limited authorized payment collection agent of the Landlord for the purpose of accepting, on behalf of the Landlord, payments from Tenants of such amounts stipulated by the Landlord (including cleaning or other fees and/or Taxes).
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Landlording” section of the Site, Application and Services. If you are a Landlord, Livit makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Landlord, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.) Livit recommends that Landlords obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Tenants (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation. Livit may offer Landlords the option of having photographers take photographs of their Accommodations. If you as a Landlord choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “Livit.com Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by Livit, including Verified Images, constitute Livit Content, regardless of whether you include them in your Listing.
Livit does not endorse any Member or any Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by Livit of any Member or any Accommodation. Members are required by these Terms to provide accurate information, and although Livit may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background. Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Livit about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Landlord or to accept a booking request from a Tenant, or to have any other interaction with any other Member. Livit is not responsible for any damage or harm resulting from your interactions with other Members. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Livit with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Landlord against Livit regarding the remittance of payments received from a Guest by Livit on behalf of a Landlord, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”. Bookings and Financial Terms
“Accommodation Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation. T`he Landlord alone, and not Livit, determines these amounts. The Landlord may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Livit platform, or (ii) Taxes that the Landlord determines that he or she has to collect.
“Guest Fees” means the fee that Livit charges a Guest for the use of its online platform, which is calculated as a percentage of the applicable Accommodation Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Landlord.
“Landlord Fees” means the fee that Livit charges a Landlord for the use of its online platform, which is calculated as a percentage of the applicable Accommodation Fees. The Landlord Fees will be displayed to the Landlord when the Landlord is asked whether to confirm or reject a booking request from a prospective Guest.
“Service Fees” means collectively the Guest Fees and the Landlord Fees.
“Total Fees” means collectively the Accommodation Fees and the Guest Fees (plus any Taxes in respect of Guest Fees, such as VAT in Europe).
BOOKINGS AND FINANCIAL TERMS FOR LANDLORDS
If you are a Landlord and a booking is requested for your Accommodation via the Site, Application and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s Livit Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to Livit when the Guest became a Member matches the name that the Guest provided to the SNSs to which the Guest has linked his or her Livit Account, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Livit for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, Livit will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
Livit will collect the Total Fees at the time of booking confirmation (i.e. when the Landlord confirms the booking request) and will initiate payment of the Accommodation Fees (less Livit’s Landlord Fees and any Taxes in respect of the Landlord Fees, such as VAT in Europe) to the Landlord within 24 hours of when the Guest arrives at the applicable Accommodation (except to the extent that a refund is due to the Guest). The time it takes for the Landlord to receive payouts may depend upon the method for receiving payouts chosen by the Landlord. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Landlord, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via Livit to Livit (whether as a result of your bookings or actions as a Guest or otherwise), then Livit may (but is not obliged to) withhold the amount owing to Livit from any payout amounts due to you as a Landlord, and use the withheld amount to setoff the amount owed by you to Livit. If Livit does so, then your obligation to pay Livit will be extinguished to the extent of the amount withheld by Livit, and Livit will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Appointment of Livit as Limited Payment Collection Agent for Landlord
Each Landlord hereby appoints Livit as the Landlord’s limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Tenants.
Each Landlord agrees that payment made by a Guest through Livit, shall be considered the same as a payment made directly to the Landlord, and the Landlord will make the Accommodation available to the Guest in the agreed-upon manner as if the Landlord has received the Accommodation Fees. Each Landlord agrees that Livit may, in accordance with the cancellation policy selected by the Landlord and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund (via Livit) to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Landlord understands that as Livit accepts payments from Tenants as the Landlord’s limited payment collection agent and that Livit’ obligation to pay the Landlord is subject to and conditional upon successful receipt of the associated payments from Tenants. Livit does not guarantee payments to Landlords for amounts that have not been successfully received by Livit from Tenants. In accepting appointment as the limited authorized agent of the Landlord, Livit assumes no liability for any acts or omissions of the Landlord.
Please note that Livit does not currently charge fees for the creation of Listings. However, you as a Landlord acknowledge and agree that Livit reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Livit will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
BOOKINGS AND FINANCIAL TERMS FOR TENANTS
Landlords may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If a Security Deposit is included in a Listing for a confirmed booking of an Accommodation, Livit will, in its capacity as the payment collection agent of the Landlord, use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Landlord determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable Landlord’s Accommodation. Livit will also use its commercially reasonable efforts to address Landlords’ requests and claims related to Security Deposits, but Livit is not responsible for administering or accepting any claims by Landlords related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for the use of Livit’s online marketplace and platform, Livit charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Landlord Fees and Guest Fees. Livit deducts the Landlord Fees from the Accommodation Fees before remitting the balance to the Landlord as described in these Terms. Guest Fees are, as noted above, included in the Total Fees. Balances will be remitted by Livit to Landlords via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Landlord’s currency of choice, depending upon the selections the Landlord makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” section below. Please note that Livit, may impose or deduct foreign currency processing costs on or from any payments or payouts by Livit in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Site and Application. More information on any such costs or deductions will be available via the Site and Application. More information on Services Fees can be found at https://Livit.com/tos. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Landlord, Livit will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Landlord contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Landlord. If a Landlord cancels a confirmed booking made via the Site, Services, and Application, (i) Livit will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Livit containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Landlord associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay Livit the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Landlord cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Livit, please contact Livit at help@Livit.co. If, as a Landlord, you cancel a confirmed booking, Livit may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel. In certain circumstances, Livit may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth in Livit’s Extenuating Circumstances policy at https://Livit.com/tos or for any other reason. Livit may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy at https://Livit.com/tos. You agree that Livit and the relevant Guest or Landlord will not have any liability for such cancellations or refunds.
In some instances, Tenants may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Guest authorizes Livit, on behalf of the Landlord, to collect the Total Fees and the Landlord agrees that such Livit entity will initiate payouts to the Landlord, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.
Livit may, in its sole discretion, round up or round down amounts that are payable from or to Tenants or Landlords to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Livit will round up an amount of $101.50 to $102.00, and $101.49 to $101.00. Some currencies are denominated in large numbers. In those cases, Livit may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Livit to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
PAYMENT PROCESSING ERRORS
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Some Landlords may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Landlord does in fact make the donation he or she pledged to make. In such cases, the Landlord in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Tax regulations may require us to collect appropriate tax information from our Landlords, or to withhold taxes from payouts to Landlords, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Landlords, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US Landlords with at least one Listing in the US. You as a Landlord are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Landlord fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US Landlord and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both. You as a Landlord understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Livit cannot and does not offer Tax-related advice to any Members. Where applicable, or based upon request from a Landlord, Livit may issue a valid VAT invoice to such Landlord. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Accommodation is located may require Taxes to be collected by Landlords from Tenants on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Landlords, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, "Occupancy Taxes"). In certain jurisdictions, Livit may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from Tenants on behalf of and in-lieu of Landlords, if such tax jurisdiction asserts Livit or Landlords have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate collection and remittance of Occupancy Taxes, whether you are a Guest or Landlord you hereby instruct and authorize Livit to collect Occupancy Taxes from Tenants on behalf of and in lieu of Landlords at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When Livit facilitates collection or remittance of Occupancy Taxes in a jurisdiction for the first time, Livit will provide notice to existing Landlords with Listings for Accommodations in such jurisdictions. The amount of Occupancy Taxes collected and remitted through facilitation by Livit, if any, will be visible to and separately stated to both Tenants and Landlords on their respective transaction documents. Tenants and Landlords agree that in any jurisdiction where Livit facilitates collection and remittance of Occupancy Taxes on behalf of and lieu of Landlords, such Landlords are not permitted to also collect and/or remit such taxes on any portion of the Accommodation Fees. Landlords and Tenants acknowledge and agree that in some jurisdictions, Livit may not be able to facilitate collection and remittance of Occupancy Taxes. In any jurisdiction in which we have not provided notice of, or are not facilitating collection and remittance of Occupancy Taxes to the Tax Authority in your jurisdiction, Landlords and Tenants remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations. For any jurisdiction in which we facilitate collection and remittance of Occupancy Taxes, Landlords and Tenants expressly grant us permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions. Whether you are a Guest of Landlord, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by Livit in connection with collection and remittance of Occupancy Taxes, if any. Tenants and Landlords agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Livit from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
DAMAGE TO ACCOMMODATIONS
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Landlord claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Livit Account. Livit also reserves the right to charge the credit card on file in your Livit Account, or otherwise collect payment from you and pursue any avenues available to Livit in this regard, including using Security Deposits, in situations in which you have been determined, in Livit’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payments made by Livit to Landlords. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Landlord or to Livit (if applicable). Both Tenants and Landlords agree to cooperate with and assist Livit in good faith, and to provide Livit with such information and take such actions as may be reasonably requested by Livit, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by Livit or a representative of Livit regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon Livit’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Landlord, at no cost to you, which process will be conducted by Livit or a third party selected by Livit, with respect to losses for which the Landlord is requesting payment from Livit. If you are a Guest, you understand and agree that Livit reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation. You agree to cooperate with and assist Livit in good faith, and to provide Livit with such information as may be reasonably requested by Livit, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Livit may reasonably request to assist Livit in accomplishing the foregoing.
Livit’s online platform facilitates bookings between Tenants and Landlords who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Livit platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location. Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
“Display Currency” means the currency in which users view Listing prices on the Livit platform. Tenants may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies. “Booking Currency” means the currency in which a Guest has to pay for his or her booking. At the time the Guest submits a booking request, the Livit platform will select the Booking Currency, based on the Guest’s country of origin and the payment methods available for that country. Livit supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency. “Listing Currency” means the currency in which a Listing’s price is set. The Listing Currency is set by the Landlord. “Payout Currency” means the currency in which a Landlord’s payout will be paid to the Landlord. The Payout Currency is set by the Landlord. “Base Exchange Rate” means a system-wide rate used by Livit for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Livit. Livit establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com). “Adjusted Exchange Rate” means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Livit for its holding costs and foreign currency risks.
Foreign currency conversions on the Livit platform
Livit will process a foreign currency conversion in the following situations: The Display Currency is different from the Listing Currency when a user views a Listing: Livit will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Booking Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied. The Booking Currency is different from the Listing Currency when a Guest submits a booking request for a Listing: Livit will calculate the Total Fees in the Booking Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Guest will be able to view the actual exchange rate applied. The Guest Fee, which is a percentage of the applicable Accommodation Fees, will be calculated based on the Accommodation Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied. The Payout Currency is different from the Listing Currency when Livit initiates a payout: generally, Livit will calculate the payout to the Landlord, by applying the Base Exchange Rate on the date that Livit initiates the payout to the Accommodation Fees (less Livits Landlord Fees and any Taxes in respect of the Landlord Fees, such as VAT in Europe) in the Listing Currency. The Landlord will be able to view the actual exchange rate applied in his or her transaction history in the Site or Application. In some cases where the payout method selected by the Landlord involves certain third-party payment processors (such as Western Union), (i) Livit will send the payout amount to the processor in a major currency (e.g. US dollars), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (ii) the Landlord will be able to view the payout amount sent by Livit in that major currency in his or her transaction history in the Site or Application, and (iii) the processor will calculate the actual payout to the Landlord by applying its own foreign currency conversion rate for that major currency to the Payout Currency. When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Guest or any refund to the Guest will be processed at the same rate as applied to the earlier payment by the Guest. When you as a Guest submit a booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking. Livit updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, Livit does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed. Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Livit.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content; use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence; "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Livit Guest or Landlord; offer, as a Landlord, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Landlord if you are serving in the capacity of a rental agent or listing agent for a third party); offer, as a Landlord, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement; register for more than one Livit Account or register for an Livit Account on behalf of an individual other than yourself; unless Livit explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself; contact a Landlord for any purpose other than asking a question related to a booking, such Landlord’s Accommodations or Listings; contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, Application and Services; recruit or otherwise solicit any Landlord or other Member to join third-party services or websites that are competitive to Livit, without Livit’s prior written approval; impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content; use the Site, Application, Services or Collective Content to find a Landlord or Guest and then complete a booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Livit’s provision of the Services or for any other reasons; as a Landlord, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor; post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Livit’s name, any Livit trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Livit’s express written consent; access, tamper with, or use non-public areas of the Site, Application or Services, Livit’s computer systems, or the technical delivery systems of Livit’s providers; attempt to probe, scan, or test the vulnerability of any Livit system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Livit or any of Livit’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Livit has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Livit may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Livit or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (see https://Livit.com/tos), (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Livit , its users, or members of the public . You acknowledge that Livit has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Livit reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Livit, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Livit and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
LIVIT REFERRAL PROGRAM
As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, Application and Services, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to Livit for which a Qualifying Referral (defined below) is completed, you may be able to receive Livit Credits (defined below) (each a “Referral Reward”). “Livit Credits” are “points” issued by Livit that may be applied as credits toward future confirmed bookings made by Members via the Site, Application and Services. In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Livit Account on the Site or Application and select either the “Invite Friends” or “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends, or by using the other tools provided by Livit to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Livit Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of an Accommodation which is confirmed by the applicable Landlord or create a Listing which subsequently receives a confirmed booking via the Services with a Total Value (excluding any cleaning fees) of at least seventy-five U.S. dollars (US$75) (or its equivalent in your local currency if we support it) that is not subsequently cancelled. Please note that you may not be the Landlord or the Guest for the booking to receive a Referral Reward. It is a condition of the Referral Program that you will circulate or share the unique referral link only to your personal friends. You agree not to publish or distribute the link, or cause the link to be published or distributed, on or via methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends. All Livit Account creations and confirmed booking requests resulting from a breach of the above will be disregarded for determining eligibility for Qualifying Referral and are not eligible for Referral Rewards. Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Livit Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your Livit Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Livit Account. Referral Rewards accrued in multiple Livit Accounts may not be combined into one Livit Account. You may not earn Referral Rewards by creating multiple Livit Accounts. By acquiring Referral Rewards, you agree and acknowledge that Livit is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Livit Accounts. Livit may suspend or terminate the Referral Program or your participation in the Referral Program at any time for any reason. Livit will not grant any further Referral Rewards after the suspension or termination of the Referral Program or your participation in it, but any Referral Rewards already awarded or received will not be affected by the suspension or termination.
SPECIFIC TERMS REGARDING LIVIT TRAVEL CREDITS
Livit Travel Credits may only be redeemed for confirmed bookings via the Site, Application and Services and after you accrue Livit Travel Credits, such Livit Travel Credits will be automatically applied to your next confirmed booking made via the Site, Application and Services. Livit Travel Credits are credit only and have no cash value nor can they be refunded or exchanged for cash. You may only redeem Livit Travel Credits after the Livit Travel Credits are reflected in your Livit Account. The scope, variety, and type of services and products that you may obtain by redeeming Livit Travel Credits can change at any time. Livit Travel Credits expire three (3) years from the date that any Livit Travel Credits are last accrued in your Livit Account. Livit will notify you at the email address you provided during Account registration within thirty (30) days of when the Livit Travel Credits in your Livit Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of Livit Travel Credits, please contact us at help@Livit.co. Livit may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Livit’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Livit Travel Credits. Where applicable, Livit may be required to account for VAT on any services for which the Livit Travel Credits are redeemed. Without limiting any other terms of these Terms and subject to applicable law, all Livit Travel Credits are forfeited if your Livit Account is terminated or suspended for any reason, in Livit’s sole discretion, or if Livit discontinues providing the Site, Application, Services or the Referral Program.
Subject to your compliance with these Terms, Livit grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Livit reserves all rights in the Application not expressly granted to you by these Terms.
LIVIT CONTENT AND MEMBER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, Livit grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Livit Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Livit or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Livit a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Livit does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Livit the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Livit’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of Livit used herein are trademarks or registered trademarks of Livit. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at help@Livit.co or through the “Contact” (www.Livit.com) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of Livit and you hereby irrevocably assign to Livit and agree to irrevocably assign to Livit all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Livit’s request and expense, you will execute documents and take such further acts as Livit may reasonably request to assist Livit to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Livit respects copyright law and expects its users to do the same. It is Livit’s policy to terminate in appropriate circumstances the Livit Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Livit’s Copyright Policy at https://Livit.com/tos for further information.
SUSPENSION, TERMINATION AND LIVIT ACCOUNT CANCELLATION
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Livit Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Livit Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Livit Account, your Member Content, or receive assistance from Livit Customer Service, (b) any pending or accepted future bookings as either Landlord or Guest will be immediately terminated, (c) we may communicate to your Tenants or Landlords that a potential or confirmed booking has been cancelled, (d) we may refund your Tenants in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Tenants to inform them about potential alternate Accommodations with other Landlords that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Livit Account. You may cancel your Livit Account at any time via the “Cancel Account” feature of the Services or by sending an email to help@Livit.co. Please note that if your Livit Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT LIVIT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TENANTS AND LANDLORDS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LIVIT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LIVIT MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LIVIT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, YOUR ACCRUAL OF LIVIT TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIVIT OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LANDLORDS OR TENANTS. YOU UNDERSTAND THAT LIVIT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. LIVIT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TENANTS AND LANDLORDS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY LIVIT. NOTWITHSTANDING LIVIT’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE LANDLORDS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TENANTS ON BEHALF OF THE LANDLORDS, LIVIT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF LIVIT WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER LIVIT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIVIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL LIVIT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A LANDLORD, THE AMOUNTS PAID BY LIVIT TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIVIT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Livit and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation; and (e) your participation in the Referral Program or your accrual of any Livit Travel Credits.
EXPORT CONTROL AND RESTRICTED COUNTRIES
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Livit does not permit Listings associated with certain countries due to U.S. embargo restrictions.
ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”): You acknowledge and agree that (i) these Terms are concluded between you and Livit only, and not Apple, and (ii) Livit, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Livit and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Livit. You and Livit acknowledge that, as between Livit and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Livit acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Livit and Apple, Livit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Livit acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
If you stay with a landlord, other tenants, or anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Livit by contacting us with your police station and report number at help@Livit.co; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. To report inappropriate, defamatory, or potentially infringing material posted on Livit by other users, please email help@Livit.co to alert us of such material.
These Terms constitute the entire and exclusive understanding and agreement between Livit and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Livit and you regarding bookings or listings of Accommodations, the Site, Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without Livit’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Livit may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Livit (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONTROLLING LAW AND JURISDICTION
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Livit agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Livit are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Livit otherwise agree in writing, the arbitrator may not consolidate more than one persons claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you and Livit otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Livit submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Livit will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Livit will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Changes. Notwithstanding the provisions of the “Modification” section above, if Livit changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to help@Livit.co) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Livit’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Livit in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Livit to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Livit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any App Store Sourced Application, please contact Livit at help@Livit.co.