TERMS AND CONDITIONS OF USE

UPDATED FEB 15, 2021

Welcome to LiveArt. Our mission is to provide a platform, based upon our proprietary algorithm, for art collectors’ education and research of art and art values.  Whether you are a new or experienced collector, the information LiveArt is sharing on this site is certain to be a resource for you.

1. Acknowledgment and Acceptance of Terms of Use

Live Art AI, Inc. (referred to herein as “LiveArt”, “us” or “we”) provides the LiveArt.ai site, mobile applications and various related services (together, this “site”) as a knowledge, education and research platform subject to your compliance with all the terms, conditions and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between you and us. As used in these Terms of Use, references to our “Affiliates” include Live Art Holdings, Inc., our owners, parents, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors and advertisers, and includes (without limitation) all parties involved in creating, producing and/or delivering this site and/or its contents.

Certain services or materials available on this site (the “Services”) may be subject to posted guidelines or rules specifically applicable to those services or materials that are in addition to those contained in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. THE SERVICES ARE NOT INTENDED TO PROVIDE YOU WITH ANY TAX, LEGAL, FINANCIAL, APPRAISAL, INSURANCE OR RELATED ADVICE OF ANY KIND. THE SERVICES ARE TO BE USED ONLY FOR PERSONAL, NON-COMMERCIAL USE, OR IN THE CASE OF ADVISORS AND DEALERS, TO DISPLAY TO YOUR CLIENTS SOLELY FOR PURPOSES OF EDUCATION AND RESEARCH. OUR STATUS (OR THAT OF ANY IDENTIFIED CONTRIBUTORS) AS THE AUTHORS OF MATERIAL ON THIS SITE SHOULD ALWAYS BE ACKNOWLEDGED. ANY OTHER USE OF THE SERVICES RENDERS THE SERVICES NULL AND VOID. Users must be at least 18 years of age to use this site and the Services. While we endeavor to provide you with uninterrupted Services, you understand and agree that the Services on this site are provided “AS IS” and that, to the fullest extent legally permitted, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any User Information or personalization settings.

BY USING THIS SITE OR THE SERVICES AND/OR COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. WITHOUT PREJUDICE TO MANDATORY RIGHTS YOU HAVE UNDER APPLICABLE LAW THAT CANNOT BE LIMITED OR EXCLUDED BY CONTRACT, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR MATERIALS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the site or the Services; and (c) your registration and your use of the site and the Services is in compliance with all applicable laws and regulations. We reserve the right to revise these Terms of Use from time to time without notice. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any changes. Your continued use of this site after changes to our Terms of Use shall constitute your acknowledgement of and agreement to abide and be bound by the modified Terms of Use.

2. Registration, Data and Privacy

Use of some of the Services may require you to register for an account on the site. The different Services we offer on our site, including those that require prior registration, are described in the “Services” section on our site. At the time of registration, you will be asked to provide us with information about yourself, such as an electronic mail address, phone number or other contact information (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. Information we gather about you on this site, including, but not limited to, the Registration Data, is subject to our Privacy Policy. You also grant us the right to disclose to our Affiliates certain Registration Data about you.

3. User Content

As part of the Services, registered users may upload images, photos, video, data, text, price history, medium, dimensions, title, date, provenance, exhibition history, literature and other content about artworks that they own in order to avail themselves of the full range of the Services (“User Content”). By uploading User Content, you grant us an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate into User Content, in connection with the site or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. We will not pay you for your User Content or to exercise any rights related to your User Content set forth in the preceding sentence. We may remove or modify your User Content at any time. You are solely responsible for all User Content made through your account on the site or that you otherwise make available through the Services and when posting User Content you must comply with the requirements for user conduct on this site as set out in Section 5 below. For all User Content, you represent and warrant that: you are the creator and owner of the User Content, or have the necessary licenses, rights, consents and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize us and other users to access and use your User Content as necessary to exercise the licenses granted by you under these Terms of Use.

You acknowledge that communications with us and the Services are not confidential, and your communications may be read or intercepted by others. You agree that by uploading User Content or communicating with us or the Site or using the Services, no confidential, fiduciary, contractually implied, or other relationship is created between you and us, or any of our Affiliates other than pursuant to these Terms of Use. We shall not be responsible for the payment of any money to any party in connection with our use of User Content or communications submitted by you for the Services or to the site.

User Content and communications submitted to the site or for the Services do not necessarily represent the view or opinions of LiveArt. We do not assume any responsibility for the consequences of you using any User Content or communications on, or any communications or results arising from your use of the site or the Services. We do not represent or guarantee the truthfulness, accuracy or reliability of any User Content or communications posted on the site or for the Services.

LiveArt does not endorse any opinions expressed by users or in any User Content. ANY RELIANCE UPON COMMUNICATIONS POSTED ON THE SITE OR THE SERVICES IS AT YOUR OWN RISK.

4. Fees

There are no fees for accessing the Services that we offer. You are solely responsible for providing, at your own expense, all equipment necessary to access and use the Services, including a computer and modem, and your own Internet access (including payment of service fees associated with such access). We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include the implementation of fee-based services or changes to the existing pricing structure. Any new features that augment or enhance existing Services on this site shall also be subject to these Terms of Use.

5. User Conduct on Site

Your use of the site is subject to all applicable laws and regulations. You may not use your account to breach security of another account or attempt to gain access to areas of the site for which your access is not authorized, or to access another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability. By using the site and/or the Services and/or posting User Content, you agree not to:

You agree that we may at any time, and at our sole discretion, terminate your access to the site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

6. Third Party Websites and Information

This site may link you to other websites on the Internet or otherwise include references to information, databases, websites, documents, software, materials and/or services provided by other parties, including our Affiliates. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. If you decide to access linked third party websites, you do so at your own risk.

7. Mobile Applications

To use any mobile application feature of the Services (each, an “App”), you must download the App onto a compatible mobile device and agree to the Terms of Use provided on such App. LiveArt does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App, where available, which may incur additional charges from your mobile wireless provider. You agree that you are solely responsible for any applicable charges. We may update any App and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that the Terms of Use will apply to all updated versions of an App. Any third party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third party source under an open source license.

8. Intellectual Property

Copyright © 2021 Live Art Holdings, Inc., All Rights Reserved.

The Services are owned and operated by LiveArt. User interfaces, website design and layout, information, data, code, software, graphics, algorithm and other elements of the Services provided by LiveArt (the “LiveArt Materials”) are protected by intellectual property and other laws and are the property of LiveArt and its third party licensors.

The following are registered trademarks or service marks of Live Art Holdings, Inc. or its Affiliates. All custom graphics, icons, logos and service names are registered trademarks or service marks of Live Art Holdings, Inc. or its Affiliates. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo and/or the name of Live Art Holdings, Inc. or its Affiliates.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, trade secrets, patents or other proprietary rights and laws, and is the sole property of Live Art Holdings, Inc.. You are only permitted to use the content as expressly authorized by us. Except for a single copy made for your personal, non-commercial use, or in the case of advisors and dealers, to display to your clients solely for purposes of education and research, you may not copy, reproduce, modify, republish, upload, post, transmit or distribute any documents or information from this site in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

LiveArt does not assert copyright ownership in the artwork or the images of the artwork depicted on the site. The images are provided solely for educational and research purposes. Any use of the artwork or the images is subject to the copyright owner’s permission and the requirements of applicable law. We make no warranty or representation that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.

9. Claims of Intellectual Property Infringement

LiveArt respects the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting or any User Content on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), (“DMCA”) our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

Attention: Data Protection Officer
Live Art AI, Inc.24A
Trolley Square #2133
347-865-1693
legal@liveart.ai

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

10. Use of Your Communications and Materials

Subject to our Privacy Policy, any User Content, communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as nonconfidential and nonproprietary. While you retain all rights in such communications or material, you grant us and our designated licensees and Affiliates a nonexclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

When registering on the site, you will be asked if you agree to receive marketing communications by electronic mail from us. For other notices, we may communicate with you regarding the Service by electronic mail or direct mail using information you provide to us. We may also send you push notifications if you install the mobile application. If you elect to provide us a mobile number, we may use it to contact you when you make account updates or for account recovery purposes. You may receive recurring messages from us during those account changes. Standard message rates apply, and carriers are not responsible for any delayed or undelivered messages. You may opt out of receiving direct marketing communications in accordance with our Privacy Policy.

11. Browser Extension

We may make available a browser extension to enhance the site and/or the Services (the “Browser Extension”). Your use of the Browser Extension is subject to these Terms of Use and the Privacy Policy.

12. DISCLAIMER OF WARRANTIES

WE AT LIVEART DO OUR BEST TO PROVIDE EDUCATIONAL AND INFORMATIONAL CONTENT TO A VERY WIDE AUDIENCE OF ART COLLECTORS THROUGH OUR PROPRIETARY ALGORITHM, BUT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THESE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND, TO THE FULLEST EXTENT LEGALLY PERMITTED, WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ALL KINDS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES AND MATERIALS WILL (A) MEET YOUR REQUIREMENTS, (B) BE SAFE, SECURE, UNINTERRUPTED, TIMELY, ACCURATE OR ERROR-FREE, (C) THAT THE RESULTS OBTAINED FROM OUR SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THAT THE INFORMATION OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

WE DO NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT ANY ARTWORK WOULD REALIZE THE VALUE RANGE ESTIMATES IF OFFERED FOR SALE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR VALUE RANGE ESTIMATES AVAILABLE ON OR THROUGH THIS SITE. IN PARTICULAR, YOU ARE URGED TO CONSULT AN ACCREDITED FINE ART APPRAISER OR AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION BEFORE RELYING ON ANY INFORMATION OBTAINED ON OR THROUGH THIS SITE.  WE DO NOT PHYSICALLY INSPECT THE CONDITION OF ANY ARTWORK AND DISCLAIM ALL LIABILITY ASSOCIATED THEREWITH. THE SERVICES AND ANY VALUE RANGE ESTIMATES ARE LIMITED BY THE ASSUMPTION THAT THE USER CONTENT PROVIDED BY YOU IS TRUE, ACCURATE AND COMPLETE.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS SITE, INCLUDING THE DESCRIPTIONS OF ANY SERVICES LISTED HEREIN AND THE ADDITION OF SUBSCRIBER FEES, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OR CORRUPTION OF DATA, ANY DIRECT OR INDIRECT LOSS OF SAVINGS, REVENUE OR PROFITS OR ANY DIRECT OR INDIRECT LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED THROUGH THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES LINKED THROUGH THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. International Use, Export Control of Software and Technical Data

All content on the site and the Services are based in the State of New York in the United States of America, and are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the content and Services outside of the United States and that access may not be legal by certain persons or in certain countries.  Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any service or information available through this site is void where prohibited.

You agree to comply with all import and export regulations and restrictions and not to export or re-export any of the material contained in the site to countries or persons prohibited under any export control laws. By downloading any material contained on the site, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the materials contained on the site.

15. Indemnification

Upon a request by us, you agree to defend, indemnify and hold us and our Affiliates harmless from all liabilities, claims and expenses, including attorney’s fees that arise from your use or misuse of this site and/or the Services, including, but not limited to, User Content that infringes the rights of a third party or is uploaded without the consent of the owner or the use of any documents or information from this site for purposes other than education and research. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

16. Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

17. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

18. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site and/or the Services with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and bar any further access to this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1-15 and 18-20 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

19. Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the State of New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, except to the extent set out in the next paragraph, by accessing this site you agree that the statutes and laws of the State of New York, without regard to its conflicts of laws principles will apply to all matters relating to your use of this site and the Services available through this site. Any dispute, controversy or claim arising out of, relating to, or in connection with these Terms of Use (“Dispute”), shall be submitted to JAMS, or its successor, for mediation in New York. If the Dispute is not settled by mediation within 60 days from the date when mediation is initiated, then the Dispute shall be submitted to JAMS, or its successor, for final and binding arbitration in accordance with its Comprehensive Arbitration Rules and Procedures or, if the Dispute involves a non-U.S. party, the JAMS International Arbitration Rules. The seat of the arbitration shall be New York and the arbitration shall be conducted by one arbitrator, who shall be appointed within 30 days after the initiation of the arbitration. The language used in the arbitral proceedings will be English. The arbitrator shall order the production of documents only upon a showing that such documents are relevant and material to the outcome of the Dispute. The arbitration shall be confidential, except to the extent necessary to enforce a judgment or where disclosure is required by law. The arbitration award shall be final and binding on all parties involved. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. This arbitration and any proceedings conducted hereunder shall be governed by Title 9 (Arbitration) of the United States Code and by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958. Notwithstanding the foregoing, we shall have the right to bring proceedings against you in any jurisdiction in which you or your assets are located.

The foregoing does not apply to the extent that mandatory consumer regulation or other provision of applicable law in your own jurisdiction does not allow us to contractually exclude or limit your right to seek a remedy in the courts or use other legal mechanisms available in such jurisdiction, including, but not limited to, any rights or remedies that are available to you under applicable data protection law.

20. Notices

All notices to a party shall be in writing and shall be made either via electronic mail or commercial overnight carrier mail. Notices to us must be sent to the attention of legal@liveart.ai, if by electronic mail, or at Live Art AI, Inc., 24A Trolley Square #2133, Wilmington, DE, 19806 if by commercial overnight carrier mail.

Notices to you may be sent either to the electronic mail address supplied for your account or to the address supplied by you as part of your Registration Data. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication on the delivery date if transmitted by electronic mail or 2 business days after deposit with a commercial overnight carrier. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

21. Entire Agreement

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

22. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with 1 year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site and/or the Services.

In addition to any excuse provided by applicable law, we shall be excused from liability for nondelivery or delay in delivery of services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

23. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by Live Art AI, Inc., a Delaware corporation, located at 24A Trolley Square #2133, Wilmington, DE 19806. Our telephone number is +1 484-531-4805. If you are a California resident, you may have this same information electronically mailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at Department of Consumer Affairs, Consumer Information Center, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834. If you notice that any user is violating these Terms of Use, please contact us at legal@liveart.ai.