Terms of Service

Last Updated: 23 September 2024

LiveRooms.TV Terms of Service

Effective Date: 23 September 2024

Welcome to LiveRooms.TV. These Terms of Service (“Terms”) govern your access to and use of the LiveRooms.TV website, applications, and services (collectively, the “Services”). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

1. Acceptance of Terms By registering for or using the Services, you affirm that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, you are not permitted to use the Services.

2. Modification of Terms We reserve the right to modify these Terms at any time. We will provide notice of any changes by posting the revised Terms on our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

3. User Accounts To access certain features of the Services, you must create an account. You agree to provide accurate and complete information during registration and to keep this information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

• Publicly visible Username and Creator Name: Your username and creator name may be publicly visible in chat messages and reviews.
• Always be Professional: You must act professionally and refrain from derogatory or inappropriate language.
• Password Security: You are responsible for maintaining the confidentiality of your account credentials. Sharing your password will be treated as fraudulent activity and result in immediate action.

4. Content Guidelines You are responsible for all content you upload, stream, or otherwise make available through the Services (“User Content”). You agree not to post any User Content that:

• Streams or broadcasts any live events, including but not limited to concerts, sporting events, theater performances, or any other venues where the content is protected by copyright or requires special permissions to broadcast, unless you have obtained the necessary licenses or permissions to do so.
• Violates any law or regulation, including but not limited to intellectual property laws and obscenity laws.
• Is obscene, pornographic, or sexually explicit, except as expressly permitted under the “Adult Content” guidelines below.
• Contains hate speech, harassment, or abusive content.
• Promotes violence or illegal activities.
• Is misleading or fraudulent.
• Is derogatory, slurring or inappropriate in any regard. Always keep it professional and decent.
• Your username and creator name will be publicly visible. You must not include or represent any identifiable information (which is not truthful, and your own) in public forums, chat messages or reviews.
• You agree not to post content that is derogatory, slurring, abusive, violent, or misleading, and we reserve the right to remove such content.
• Creators must ensure that the content, themes and tags of their room aligns with the actual stream and must not mislead viewers.
• Streamers are responsible for starting and stopping their livestream using the appropriate buttons in their Creator Console whenever they begin or end a stream using OBS, Streamlabs, or similar tools.

5. Adult Content We recognize that adult content may be a part of the Services. To ensure compliance with U.S. laws and to protect users, the following guidelines and functionality to protect from exploitation apply:

• Adult content creators must verify their age and identity before posting such content.
• All performers featured in adult content must be over the age of 18.
• Content creators must keep records as required by 18 U.S.C. § 2257 and provide these records upon request.
• All adult content must be appropriately labeled and accessible only to users who affirm that they are over the age of 18.
• Any content depicting non-consensual activities, child exploitation, or similar illegal activities is strictly prohibited and will be reported to law enforcement.
• Creators acknowledge that while LiveRooms.TV strives to prevent misuse of content, absolute control over distribution cannot be guaranteed. Creators indemnify LiveRooms.TV from any liability resulting from the unauthorized use of their content.
• Any creator presenting content in school dress-up or related teen themes must complete a verification form as required by LiveRooms.TV. 
• Viewers can report inappropriate content via a ‘Report’ button. Inappropriate content is that which is not in alignment with the stated room information, themes and tags of the stream, or which constitutes concerning content against these Terms of Service. Or appears exploitative. LiveRooms.TV will review reports and may take action to protect both viewers and creators.

6. DMCA and Copyright Infringement We respect the intellectual property rights of others and expect users to do the same. If you believe your copyright has been infringed, please contact us with a detailed notice in compliance with the Digital Millennium Copyright Act (“DMCA”). We will respond by removing the infringing content and taking appropriate action against the user responsible.

• Trademark and intellectual property violations: While LiveRooms.TV takes diligent steps to avoid trademark and intellectual property violations, errors may occur. You agree to provide us with notice and time to resolve any such issues in good faith.

7. Prohibited Activities You agree not to engage in any of the following prohibited activities:

• Using the Services for any unlawful purpose.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Interfering with the operation of the Services or any user’s enjoyment of the Services, including by hacking, spamming, or similar activities.
• Using any automated means to access the Services without our permission.
• Collecting or storing personal information of other users without their consent.
• Users may not research, investigate, reverse-engineer, or analyze our website or services without express written consent from LiveRooms.TV.
• You agree not to copy, distribute, or otherwise share any content from the Services without permission. LiveRooms.TV utilizes tracking technology to monitor and protect content shared on the platform.
• Creators may not misuse the streaming technology for purposes unrelated to content creation, such as home surveillance.

8. Payments and Subscriptions Certain aspects of the Services may require payment or subscription. By selecting a paid service, you agree to pay the specified fees. All payments are non-refundable, except as required by law.

• Large or Unusual Payment Holds: LiveRooms.TV reserves the right to hold and investigate unusual (at our discretion) or unusually large payments to prevent fraud or chargebacks. These investigations may delay the release of funds until cleared. We will hold these funds until exhaustive processes take place (at our discretion) to ensure legitimacy of payment to the Creator. We apologies for this yet must mitigate all risk before pay-out.

9. Termination of Service We reserve the right to terminate or suspend your access to the Services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Services will immediately cease.

10. Disclaimers The Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

• Users acknowledge that errors due to coding, calculations, or processing can occur. In such cases, we reserve the right to manually reconcile transactions within 60 days. However, fraud investigations (unusually high or otherwise payments) are exempt from this time period and will be handled separately.
• Errors in payment processing will be corrected based on our exhaustive analysis processes. You indemnify us against any miscalculations, acknowledging that our systems, while robust, may occasionally err.

11. Limitation of Liability

To the fullest extent permitted by law, LiveRooms.TV, its affiliates, domain owners, operators, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses, whether incurred directly or indirectly, arising from or related to: (a) your use of or inability to use the Services; (b) unauthorized access to or use of our servers, personal information, or stored data; (c) any interruption, disruption, or cessation of transmission to or from the Services; (d) any bugs, viruses, Trojan horses, or other harmful elements transmitted through the Services by any third party; (e) any errors, omissions, or inaccuracies in any content available through the Services; or (f) any loss or damage of any kind resulting from your use of any content or information transmitted, posted, or otherwise made available through the Services, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, regardless of whether we have been advised of the possibility of such damages.

Additionally, LiveRooms.TV shall not be liable for any failure or delay in performing its obligations due to events beyond its control, including but not limited to natural disasters, war, strikes, or disruptions in communication systems or technology infrastructure, or failing processes within our technology systems and LiveRooms.TV application / platform Services.

12. Indemnification You agree to indemnify, defend, and hold harmless LiveRooms.TV, its affiliates, its domain owners and operators, and their respective officers, directors, employees, administrators, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to any action, inaction, or use of the Services by you or anyone using your account, regardless of whether such use constitutes a violation of these Terms or any applicable laws. This indemnification obligation applies irrespective of fault, violation, or alleged wrongdoing on your part.

13. Governing Law These Terms and any disputes arising out of or relating to them will be governed by the laws of the State of California, without regard to its conflict of laws principles.

• LiveRooms.TV reserves the right to request full identity information from any user or creator if required for legal compliance or verification purposes.

14. Arbitration and Dispute Resolution Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Your City, Your State], and the award rendered by the arbitrator may be entered in any court having jurisdiction.

15. Chargebacks and Transaction Responsibility

By using the services of LiveRooms.TV, you agree to the following:

1. No Unauthorized Transactions: You acknowledge that you are solely responsible for all transactions made through your account, including any purchases, gifts, or other financial contributions to creators. You agree that you will not claim unauthorized or fraudulent use of your account, unless you can conclusively demonstrate that your account was accessed without your knowledge or permission.

2. Responsible Use of Account: You agree that all transactions, including those made while under the influence of alcohol or in other situations that may impair judgment, are your responsibility. LiveRooms.TV will not entertain disputes based on buyer’s remorse, including but not limited to excessive spending or gifting after the fact.

3. Chargeback Policy: In the event that you initiate a chargeback or dispute a transaction through your credit card provider, we reserve the right to investigate the validity of the dispute. If the chargeback is deemed to be unfounded or abusive, we may terminate your account and/or seek further legal remedies, including but not limited to recovering the full amount of the disputed transactions and associated fees (these fees will be substantial yet proportionate for larger amounts, yet for smaller charge backs of less than $200USD our admin fees will begin at $300USD due to the significant investment in administration. Fees will be added by recoveries agencies).

4. Dispute Resolution: If you believe a transaction was unauthorized or incorrect, you must contact LiveRooms.TV support within 30 days of the transaction to initiate an internal review. We will make reasonable efforts to investigate and resolve the matter. Users are required to go through our dispute resolution process before initiating any chargeback request.

5. Livestream Adjustments and Chargebacks: Users understand that livestream schedules are subject to change. Missed or altered streams are not grounds for chargebacks. Viewers may submit reviews to express disappointment or suggestions.
6. New Platform: Users acknowledge that LiveRooms.TV is a new platform, and chargebacks cannot be requested on the basis of platform size, content availability, or slow growth.

16. Revenue Sharing and Payment Terms

a. Revenue Sharing and Commission
LiveRooms.TV operates on a revenue-sharing model where creators receive 80% of the revenue generated from their content, while LiveRooms.TV retains a 20% commission. This commission is deducted from the gross revenue before any payments are made to the creators.

b. Payment Schedule
Payments to creators will be made on a bi-weekly basis, provided the creator’s account meets the minimum payout threshold of $25. If the threshold is not met, the balance will roll over to the next payment cycle. All payments will be processed exclusively through PayPal. Therefore, creators are required to have a valid PayPal account to receive payments. LiveRooms.TV is not responsible for any issues related to PayPal accounts, including but not limited to account restrictions, fees, or delays in processing.

c. Tax Obligations
Creators are solely responsible for complying with all applicable tax laws related to the income they earn through the platform. LiveRooms.TV does not withhold any taxes on behalf of creators. Creators are responsible for reporting and paying all applicable taxes, including income tax and self-employment tax.

d. Chargebacks and Refunds
If a chargeback or refund is issued against a transaction associated with a creator’s account, the amount of the chargeback or refund will be deducted from the creator’s future earnings. In the event that the creator’s account balance is insufficient to cover the chargeback or refund, the creator will be responsible for reimbursing LiveRooms.TV for the outstanding amount.

e. Disputes and Payment Errors
Any disputes regarding payments must be raised within 30 days of receiving the payment. Failure to dispute the payment within this period will be deemed an acceptance of the payment as accurate. If any payment errors are identified, LiveRooms.TV reserves the right to correct the error in future payments or by other means as necessary.

f. Account Termination and Forfeiture of Earnings
In the event of account termination due to violation of these Terms, any unpaid earnings may be forfeited at the discretion of LiveRooms.TV. Additionally, creators are prohibited from engaging in any actions designed to manipulate earnings, including but not limited to fraudulent transactions or creating multiple accounts.

g. PayPal Account Requirement and PayPal Fees 

• You must have a PayPal account to receive pay-outs. Do not sign up as a Creator unless you are prepared to receive payments through PayPal. Currently, PayPal is the only payment method supported. If you cannot maintain a valid PayPal account, you will not receive pay-outs.
• LiveRooms.TV will deduct PayPal processing and transfer fees from creators’ income. Therefore, pay-outs reflect 80% of revenue, less PayPal fees and any chargebacks.

h. GMT Timezone and Earnings

Earnings calculations are based on GMT and not the creator’s local timezone.

17. Miscellaneous

• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Entire Agreement: These Terms constitute the entire agreement between you and LiveRooms.TV regarding your use of the Services.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• We do not Guarantee: LiveRooms.TV does not guarantee the provision of streaming URLs to all users. The platform may be limited in its ability to accommodate specific types of streams.
• Streaming Time Limits: Creators are currently limited to streaming a maximum of 5 hours per week.

Contact Information If you have any questions about these Terms, please contact us at [email protected].