Last modified: April 18th, 2025
By using the lividus.me or lividus.org website and making use of a Lividus Account (the “Account”) and all its related features,
you agree to be bound by the following terms of service (the “Terms”). These Terms cover all present and future features provided by your Account.
Use of your Account or the Services includes registering an Account, keeping an Account open (not deleted by you or not deleted or deactivated by Lividus),
or accessing our website or mobile/desktop applications, or making use of our services. Please read these Terms carefully before you use your Account or the Services.
By using your Account or the Services, you are agreeing to be bound by these Terms. You may not use your Account or the Services if you do not agree to these Terms.
These Terms apply every time you use your Account or the Services.
If you agree to these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates,
and all users who access the Services through your Account to these Terms. In the absence of such an authority, you are not authorized to use the Services.
The Services are provided exclusively to individuals
who are at least 13 years of age, and even then, only to minors who have obtained parental or legal guardian consent to open and maintain an Account.
The Services are provided exclusively to persons or legal entities. Accounts registered by “bots” or automated methods are not authorized and will be terminated.
Each user is solely responsible for all actions performed through the Services.
The Company does not make any warranty about the reliability of the Services or the security of user data, despite best efforts. The Service is provided “as is” and “as available,”
without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, accuracy,
non-infringement, or warranties that may arise from course of dealing or course of performance or usage of trade.
The Company has no obligation to store or forward the contents of terminated Accounts. We also have no obligation to store messages or contents for accounts that exceed their storage quotas.
Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability
in the performance of the Services. Due to the encrypted nature of the Services, you acknowledge that the Company has no ability or obligation to recover your data if you misplace your password.
To the extent not prohibited by law, you acknowledge and agree that in no event will the Company be responsible or liable to you or any third party, under any theory of responsibility or liability,
for any indirect, special, exemplary, incidental, consequential, or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of data, use, or profits;
business interruptions; or any other damages or losses), for any multiplier on or increase to damages, or for any costs or fees (including attorneys’ fees), whether under these Terms or otherwise,
arising in any way in connection with your Account, the Services, or these Terms, whether arising at law, in equity, or otherwise, and whether based in contract, strict liability,
tort (including negligence or otherwise), common law, statute, equity, or otherwise, even if we have been advised of the possibility of such damage, or for any other claim, demand, or damages whatsoever,
arising out of or related to your use or inability to use your Account or the Services.
Without limitation of the foregoing, and to the extent not prohibited by law, the total liability of the Company’s parties for any reason whatsoever arising out of or related to the use of,
or inability to use, your Account or the Services, or these Terms, shall not exceed $100, or the amount you paid us, if any, for use of your Account or the Services, whichever amount is greater.
This liability, if any, shall be complete and exclusive. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
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Applicable law in some locations, such as the State of New Jersey, does not allow the waiver of implied warranties, the limitation of liability of certain damages set forth above,
including the provisions of this section that limit or exclude special, exemplary, consequential, or punitive damages, or limit or exclude the use of any multiplier on or increase to damages,
and limit the liability of the Company or any of the Company’s parties, to the greater of either $100 or the amount paid by you for use of your Account or the Services. These limitations or exclusions may not apply to you.
The provisions of this section do not apply to the extent, and only to the extent, not permitted by applicable law.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT
THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT,
IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.