Terms of Use
Effective Date: September 20, 2022
These Terms of Use (the “Terms”) govern your use of all websites, applications, mobile applications, games, sweepstakes, products and services owned and operated by Levity Live, LLC and its United States-based affiliate and subsidiary companies (together, “Levity Live” or “we” and sometimes “us”) and anywhere else where these Terms are posted (collectively, the “Services”). These Terms apply whether you are accessing the Services using a personal computer, mobile device, gaming console or other equipment or device. These terms do not cover other services, websites or any content, features and activities accessible or made available by any third party, unless specifically stated. By accessing and using the Services, you acknowledge that you have read, understand and agree to be legally bound by these Terms and the terms and conditions of Levity Live’s Privacy Policy, which are incorporated herein by reference. If you do not agree to these terms, do not access or use the Services.
Click below for specific information about:
II. Agreement to Changes or Updates
III. Site and Service Ownership
IV. Violations and Termination
V. Participation and Registration
VI. Protection of Passwords and Registration Information
VII. Restrictions on Use of Content
VIII. Software Downloads
IX. Prohibitions on Framing and/or Posting
XII. Wireless Services
XIII. Accuracy of Information
XVI. Leaving Levity Live Sites and Services
XVII. Indemnification
XVIII. Affiliates, Service Partners and Sponsors
XIX. Third Party Links
XX. Advice, Opinions and Other Third Party Information
XXI. Copyright Information and Infringement Concerns
XXII. Closed Captioning of Video Programming
XXIII. Choice of Law and Forum
XXIV. Statute of Limitations
XXV. Third Party Beneficiaries
XXVI. Validity of these Terms
XXVII. Full Understanding
I. Agreement to the Terms
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND LEVITY LIVE, LLC. YOU MUST READ THESE TERMS IN THEIR ENTIRETY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY ACCESSING AND/OR USING THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS, INCLUDING ANY AND ALL RESTRICTIONS POSTED VIA THE SERVICES, WITHOUT ANY MODIFICATION, ADDITION OR DELETION. IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH THE TERMS CONTAINED IN THIS AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SERVICES. PLEASE NOTE YOU MAY BE DENIED ACCESS TO THE SERVICES, BY THE SOLE DISCRETION OF LEVITY LIVE, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.
II. Agreement to Changes or Updates
We reserve the right to make changes and update any information or Content contained within the Services and/or Terms without prior notice. Please check this page periodically for updates. Any changes to these provisions will be incorporated into revised Terms that we will post here. Changes shall be effective when they are posted. Visitors have the obligation to review changes to these Terms when they access or re-access the Sites and/or Services. If you do not agree to, or cannot comply with the revised Terms, you must stop using the Sites and/or Services.
III. Site and Service Ownership
The Sites and Services are owned and operated by Levity Live. Levity Live, its subsidiaries and affiliates (hereinafter, collectively, “Affiliates“), and/or parties that have granted us specific usage authorizations (“Licensors“) own the logos, images, text, tools, graphics, marks, names, photographs, sound, illustrations, design elements, materials, codes and software (collectively “Content“) displayed or posted on or through the Sites and/or Services. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect this Content.
IV. Violations and Termination
Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion, in the termination of your license and right to utilize the Services to access Content or for any other purpose, and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect the Sites, the Services, the Content, Levity Live, its Affiliates, Licensors, members, employees, agents and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of the Services or the Content. We retain the right to deny access to the Services, in our sole discretion, to any visitor for any reason, including for any violation of these Terms.
V. Participation and Registration
In order to utilize some of the Services, or participate in a promotion, contest or sweepstakes, you may be asked to register for an account or provide us with certain personal information. Participation in these Services is voluntary. You must be thirteen (13) years of age or older to participate in most site offerings and registrations unless indicated otherwise. For example, you may also be required to meet an older minimum age requirement and agree to additional posted rules and terms for participation in certain contests, sweepstakes, special events, additional service offerings or to attend certain live events or enter one of Levity Live’s venues. You may discontinue site registrations by following unsubscribe or opting out instructions contained within the Services or in applicable electronic communications from us. The Services may request that you provide us with certain personal information. You agree to provide accurate and current information and to update it as necessary to maintain its accuracy. Levity Live shall maintain and use your information in accordance with the Levity Live Privacy Policy. You agree not to mask your identity by providing false information, or by providing another person’s information that you are not authorized to provide. If you provide us with any information you are not authorized to provide, we may suspend or terminate your site registration or participation and pursue any other legal remedies. In the instances that you provide your email address to Levity Live, you consent to our using the email address to send you Service related notices, including among other things notices required by law, in lieu of postal mail. You may not opt-out of Service related emails. We may also send you commercial email on behalf of ourselves, our Affiliates, and certain unaffiliated third parties. You may opt-out of receiving such emails at any time by following the unsubscribe instructions included in each commercial mail.
VI. Protection of Passwords and Registration Information
Registration for certain Services may require you to select a password or provide other registration information. You agree that you are responsible for maintaining the confidentiality and security of any passwords or other registration information that you provide to us when registering for website activities, features, or service offerings. You agree to notify us of any unauthorized use of your password or other registration information immediately after you become aware of such use. Levity Live will not be responsible for any losses arising out of the unauthorized use of your registration information and/or your account. You agree to indemnify and hold harmless, Levity Live, its Affiliates, members, employees, agents and/or users, harmless from any claim, action or damages related to such use.
VII. Restrictions on Use of Content
Use of Content for any purpose not expressly permitted herein is prohibited. Visitors may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from this site other than as provided herein. Visitors may print, download or transmit to a personal device the Content from this site only for personal and non-commercial use, provided that the visitor keeps intact all Content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the site Content. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited. Nothing contained on this site grants, or shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Levity Live trademarks, trade names, service marks or logos without the prior written permission of Levity Live.
Visitors expressly agree not to engage in any use or activity that:
- Interrupts, destroys, alters, damages, delays, floods or limits the functionality or integrity of the Services or Content offered through the Services, including any associated software, hardware, or telecommunications or wireless equipment;
- Manipulates identifiers or numeric information to disguise the origin of any visitor, device, material or other information;
- Infringes on any patent, trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content;
- Contains unauthorized advertising, advertises Content as your own or solicits other visitors;
- Promotes any business or commercial activity for any products, goods or services without prior written consent from Levity Live;
- Impersonates any business or entity, or falsely represents your affiliation with a person or entity;
- Causes the forwarding of information that you do not own, have the right to provide, or that is false or misdirected;
- Translates, reverse engineers, decompiles, disassembles, modifies or creates derivative works based on the Services, the Content available through the Services or any portion thereof;
- Circumvent any technology used by Levity Live or its licensors to protect the Services and/or the Content accessible via the Services;
- Contains off-topic information;
- Rent, lease, lend, sublicense, or otherwise redistribute any part of the Services and/or the Content;
- Is unlawful, harmful to adults or minors, threatening, abusive, harassing, inflammatory, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable; or
- Otherwise violates Levity Live policies or the Terms.
Levity Live has established access areas or site services where certain visitors may be permitted to download or use specific information or Content for purposes other than provided herein. This limited access and usage is a feature of a specific site service and is not intended to give up any of our rights to protected Content and information on this site or that is otherwise owned by Levity Live or its Affiliates. Any waivers or extension of the above restrictions may only be obtained with the express written permission of Levity Live by sending a written request to:
LEVITY LIVE, LLC
6701 Center Drive West. 3rd Floor
Los Angeles, CA 90045
Attention: Webmaster
Decisions to grant or deny permission are within Levity Live’s sole discretion. Levity Live and its Affiliates reserve any rights to pursue any causes of action, including, but not limited to, infringement actions or damages resulting from failure to comply with these Content restrictions and/or these Terms.
VIII. Software Downloads
In the event a feature of this site authorizes the download of certain software from this site or another electronic device, the software, including any files, images, graphics or Content incorporated in or generated by the software, and data accompanying the software (collectively, the “Software“) are licensed to you by us or third-party licensors for your personal, non-commercial use only. We do not transfer title to the Software to you. You own the medium or electronic device on which the Software is viewable or recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. Although you may transmit or download certain Content accessible via the Software, you may not sell, auction, decompile, reverse engineer, disassemble, redistribute for commercial purposes or otherwise reduce the Software to a human-readable form. You are also solely responsible for the Software’s compatibility, ability to function and interface with your medium or electronic device. Levity Live reverses all rights not expressly granted to you.
IX. Prohibitions on Framing and/or Posting
Visitors are prohibited from (i) framing and/or linking to any portion of Levity Live’s Services other than the content expressly made available to visitors for that purpose; (ii) posting banners, advertising or other links on the Levity Live web site pages; or (iii) using any Content or site logos for purposes beyond personal use, without the express written permission of Levity Live. Written requests for framing, site postings, advertising or Content usage should be sent to. Visitors may encourage others to access the information appearing on our site or available through other electronic devices. You may also link to our homepage from another site or electronic communications, as long as the link does not imply or state any affiliation, connection, sponsorship or approval by Levity Live. You may not bypass registered areas of our site and hyperlink to protected pages.
X. Electronic Communications
When communicating to us electronically through our website or via email, any personal information transmitted to us will be protected in accordance with the Levity Live Privacy Policy. While we appreciate your communications, Levity Live cannot guarantee that it will respond to your messages. When you submit non-personal information to us, you agree that Levity Live has the right to publish, use, copy, store and distribute the material for any use, including promotional and advertising purposes, without liability or restriction. We assume no obligation to limit the use of or to protect any such non-personal information from disclosure. Levity Live does not accept unsolicited submissions for its shows, sites and other products. You agree not to make any such submissions to Levity Live through this site or otherwise including story ideas, character ideas, plot suggestions, set or costume designs, or scripts. Notwithstanding the foregoing, if, in breach of these Terms, you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.
XI. Interactive Areas
We may provide access to interactive areas on the Sites or through the Services, such as chats and discussion boards, user content areas and talk forums (collectively identified as “Interactive Areas“). These Interactive Areas are public areas and may be owned, operated and/or managed by entities other than Levity Live. These entities may share transcripts of Interactive Areas with Levity Live, its Affiliates and other third parties. Visitors must follow all posted guidelines for Interactive Areas. To the extent there is a conflict between the rules of an Interactive Area and the Terms herein, the rules of the Interactive Area will govern. Levity Live reserves the right, in its sole discretion, to remove any content, chats, discussion boards or any other content posted through the Services. Postings are the responsibility of the person from whom such postings originate. You represent and warrant that you are the owner of, have the right to provide, and are responsible for any information, materials or images that originate from you or your account and that are emailed, posted, uploaded, transmitted or otherwise made available for access, viewing or use over this website, in Interactive Areas or through other electronic devices. You grant Levity Live and its Affiliates an irrevocable, royalty-free, perpetual, non-exclusive right to use, copy, display, modify, edit and create derivative works from and to distribute any information that you post, upload or transmit in or through the Services. Submissions or postings to Interactive Areas, without limitation, will be made public. If a posting, message or other transmission originates from you or your account, you hereby understand and agree that you are placing the posting in the public domain, and you represent and warrant that the posted or transmitted information (i) is not unlawful, harmful to adults or minors, threatening abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) does not violate any patent, trademark, trade secret, copyright or other proprietary rights of any person; (iii) does not contain unauthorized advertising or solicit other visitors; (iv) does not interrupt, destroy or limit the functionality, integrity or operation of any software, hardware or Content; (v) that the posting does not violate or breach the Terms; (vi) is for noncommercial purposes and is not intended to promote or generate revenue for any business enterprise or commercial activity; and (vii) does not reveal plot points or other “spoiler” elements related to any Levity Live programming. Visitors also expressly agree not to use Interactive Areas to make available any information or content that violates the restrictions contained in Section VII above or that disrupts or incites others to violate our standards, any laws or these Terms. For increased security, we encourage you to not include any personal information about yourself or others in Interactive Areas, such as name, phone number, email or street address. You should always use a screen name or other alias (other than your real name) to identify yourself in any public or Interactive Areas. Levity Live, its Affiliates and any content providers that conduct, operate and/or manage Interactive Areas will not be responsible or liable for the actions or postings of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in Interactive Areas. Postings to Interactive Areas may not be reviewed by Levity Live prior to appearing publicly. Levity Live reserves the right, but has no obligation, to change, delete or remove, in part or in full, any postings made available through the Services or in Interactive Areas. Levity Live may also terminate or suspend access to such areas for conduct that we believe interferes with other people’s enjoyment, violates applicable laws and/or these Terms.
XII. Wireless Services
Levity Live may provide visitors with the opportunity to register for special services, news, programming, applications or other information delivered via wireless devices. When registering for such service(s), visitors consent to the delivery and receipt of any such information from Levity Live or its third-party service providers over the wireless device as specified by the visitor. The visitor shall provide wireless device contact information through a mobile device number, wireless email or other contact information. Additional information, such as the visitor’s wireless carrier, may also be requested to complete the registration. Visitors are solely responsible and liable for any information provided when registering for wireless services and for any fees or charges applied by the visitor’s wireless carrier for all messages, images or other communications, sent via the Services from Levity Live or its authorized third-party providers. Under no circumstances will Levity Live or its Affiliates be responsible or liable for any wireless carrier fees or charges incurred by a visitor or a third party that has access to a wireless device, telephone number or email address, including for third parties that receive information from Levity Live as directed by a visitor’s registration for such service. Certain activities or services available through wireless or other electronic devices may involve: (i) communications over various networks, servers or devices prior to reaching its intended recipient; (ii) changes to adapt to multiple security requirements; and (iii) changes to adapt to technology requirements of various networks. Visitor understands that such automated communications and changes are beyond the control of Levity Live once Content or other information leaves the Levity Live network or servers. Levity Live and its Affiliates are not liable or responsible for any consequence or damage resulting, directly or indirectly, from such automated communications or changes. Visitors must comply with any additional end user licensing restrictions in connection with wireless services. You understand and agree that Levity Live, at its sole discretion, may discontinue or terminate any wireless or other services at any time and without notice.
XIII. Accuracy of Information
Levity Live uses reasonable efforts to ensure the accuracy and correctness of Content available through the Services and the operation of the Services and certain offerings; however, the Services may occasionally contain Content, information or specifications that are inaccurate, incomplete or out of date. We make no representations or warranties regarding Content, Sites, or Services accuracy, validity, correctness, timeliness, reliability or that usage will be error-free. Services’ information may not be updated on a daily basis and may not be the most current information available. Although we may post updated information, we may continue to allow access to the original information or Content, or we may not go back and change the original information to reflect new developments. You should independently confirm any information appearing through the Services. We are not responsible for any claim, liability or damage resulting from your use, reaction or reliance on any Content or information available through the Services..
XIV. DISCLAIMER OF WARRANTIES
THE SITES, SERVICES, AND CONTENT ARE PROVIDED “AS IS.” WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED THROUGH THE SERVICES OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. LEVITY LIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTION, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. LEVITY LIVE DOES NOT WARRANT THAT THE CONTENT FOUND THROUGH THE SERVICES IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES.
XV. LIMITATION OF LIABILITY
NEITHER LEVITY LIVE NOR ITS AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND WHATSOEVER TO ANY VISITOR OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO SERVICES OR CONTENT POSTED THROUGH THE SERVICES; (II) USE OR ACCESS TO ANY SERVICE, WIRELESS OR OTHERWISE, PROVIDED AS A FEATURE OR OFFERING THROUGH THE SERVICES; (III) ANY FAILURE OR INTERRUPTION OF THE SERVICES; (IV) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THE SERVICES OR THE CONTENT AVAILABLE TO VISITORS; (V) ANY OTHER CAUSE RELATING TO A VISITOR’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SERVICES OR CONTENT; (VI) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED THROUGH THE SERVICES, INCLUDING ANY VISITOR RELIANCE ON SUCH INFORMATION; (VII) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY VISITOR’S FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF LEVITY LIVE, ITS AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL LEVITY LIVE, ITS AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF LEVITY LIVE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.
XVI. Leaving Levity Sites and Services
When you click on any link that takes you outside of the Sites or away from an application or other service, your use of the Internet will be governed by the terms of use and privacy policies, if any, of the particular site and/or service that you are accessing. LEVITY LIVE, ITS AFFILIATES, MEMBERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OFFERINGS, PRIVACY PRACTICES OR TERMS OF USE OF THIRD PARTIES.
XVII. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LEVITY LIVE, ITS AFFILIATES, MEMBERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THESE TERMS, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT, SERVICES AND/OR ANY CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES AND OR CONTENT.
XVIII. Affiliates, Service Partners and Sponsors
Certain website features, promotions, activities or information may be made available, sponsored or promoted by Affiliates, service partners or sponsors.
XIX. Third Party Links
Our website may contain links or banners to other sites or resources on the Internet that are controlled by third parties. These links are provided solely as a convenience to our visitors and do not constitute an endorsement, recommendation or certification by Levity Live, its Affiliates or any third-party site, resources, content, products or services. Any concerns regarding external links or other websites should be directed to the respective website operator. Because Levity Live has no control over such sites and resources, you acknowledge and agree that Levity Live shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked content. You further agree and acknowledge that any information made available via the Services regarding third party offers is for information purposes only and when you click on any link that takes you outside the Services, your use of the Internet will be governed by the terms of use and privacy policies, if any, of the particular website or service that you are accessing. You acknowledge that all third-party postings available through the Services have been provided by a third-party operator/provider and we do not make any warrant regarding quality, accuracy or completeness. Finally, you understand that all visitor transactions with third parties are solely between the visitor and the third party. Levity Live reserves the right, in its sole discretion, to terminate links with any third parties or other websites.
XX. Advice, Opinions and Other Third Party Information
Our website allows for entertaining communication to and with its visitors. The Services may contain facts, views, opinions and statements of Levity Live, its Affiliates, employees, agents or independent third parties. We do not represent or endorse the accuracy, reliability, appropriateness or truthfulness of any advice, opinion, statement or other information or images displayed or distributed through our Sites or Services. Statements or other information posted by third parties also do not reflect the views, opinions or beliefs of Levity Live, its Affiliates and are not intended to replace or provide any medical or other professional diagnosis, treatment, claim, advice or recommendation. You acknowledge and assume all risks and liability associated with your review, use, reaction or reliance on any statements, opinions or other information posted or transmitted by third parties on our Sites or through the Services.
XXI. Copyright Information and Infringement Concerns
The Copyright for this site is held by Levity Live Networks. All rights reserved. If you believe in good faith that Content or other information appearing on this website infringes on your copyright, you (or your agent) may send us a notice in accordance with the current requirements provided in the Digital Millennium Copyright Act of 1998 (DMCA). Notices should be sent to:
Levity Live, LLC
6701 Center Drive West. 3rd Floor Los Angeles, CA 90045
Attention: Webmaster
Version: September 20, 2022