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Privacy Policy & Terms of Use


TERMS OF USE

Last updated June 5, 2020

    1.       AGREEMENT TO TERMS

      These Terms of Use (“Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Lit Live, Inc., doing business as Shop Lit Live ("Shop Lit Live", “we”, “us”, or “our”), and govern your access to and use of https://www.shoplitlive.com, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SITE AND YOU MUST DISCONTINUE YOUR USE IMMEDIATELY.

      Supplemental terms, conditions or documents may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason, and changes are effective immediately when we post them. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

      The Site is offered and available to users who 18 years of age and older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

      PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND SHOP LIT LIVE CAN BE BROUGHT (SEE SECTION 12 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SHOP LIT LIVE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

      The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

      2.        INTELLECTUAL PROPERTY RIGHTS

      Unless otherwise indicated, the Site is our proprietary property and all source code, features, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site, including the arrangements thereof (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

      The Marks and all related names, logos, product and service names, designs, and slogans are trademarks of Shop Lit Live or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

      Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

      Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

      3.        USER REPRESENTATIONS

      By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

      If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

      3.1           PROHIBITED ACTIVITIES

      You may use the Site only for lawful purposes and may not access or use the Site in any way that is not in accordance with these Terms of Use. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

      As a user of the Site, you agree not to:

      1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
      2. Trick, defraud, or mislead us and other users, especially in any attempt to learn personally identifiable information, including sensitive account information such as user passwords;
      3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site or the Content contained therein;
      4. Disparage, tarnish, or otherwise harm, in our opinion, us, other users, or the Site;
      5. Use any information obtained from the Site in order to harass, abuse, exploit or harm another person;
      6. Make improper use of our support services or submit false reports of abuse or misconduct;
      7. Use the Site in a manner inconsistent with any applicable federal, state, local, or international laws or regulations;
      8. Use the Site to advertise or offer to sell goods and services not approved by us;
      9. Engage in unauthorized framing of or linking to the Site;
      10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
      11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
      12. Delete the copyright, trademark, or other proprietary rights notice from any Content;
      13. Attempt to impersonate us, our employees, or another user or person, or use the username of another user;
      14. Sell or otherwise transfer your user profile;
      15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
      16. Restrict or inhibits anyone’s use or enjoyment of the Site or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
      17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
      18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
      19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other
      20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
      21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
      22. Use a buying agent or purchasing agent to make purchases on the Site;
      23. Make any unauthorized use of the Site, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; and
      24. Use the Site as part of any effort to compete with us or otherwise use the Site or the Content for any revenue-generating endeavor or commercial

      4.        USER-GENERATED CONTRIBUTIONS

      The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other interactive features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit will be treated as non-confidential and non-proprietary.

      4.1           CONTENT STANDARDS FOR CONTRIBUTIONS

      When you create or make available any Contributions, you hereby represent and warrant that:

      1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
      2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, our affiliates and services providers, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use;
      3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use;
      4. Your Contributions are not false, inaccurate, or misleading;
      5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
      6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
      7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
      8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
      9. Your Contributions do not violate or link to any material that violates any applicable law, regulation, or rule;
      10. Your Contributions do not violate the privacy or publicity rights of any third party;
      11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
      12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
      13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
      14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use.

      4.2           MONITORING AND ENFORCEMENT

       

      Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.  We have the right to (A) remove or refused to post any Contribution for any or no reason in our sole discretion; (B) take any action with respect to any Contribution that we deem necessary or appropriate in our sole discretion; (C) disclose your identity or other information about you to any third party who claims that the material posted by you violates their rights; (D) take appropriate legal action, including, without limitation, referral to law enforcement,  for any legal or unauthorized use of the Site; and (E) terminate or suspend your access to all or any part of the Site for any violation of these Terms of Use.

      Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE AFOREMENTIONED PARTIES OR LAW ENFORCEMENT AUTHORITIES.

      However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

      4.3           CONTRIBUTION LICENSE

      By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

      This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

      We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

      4.4           COPYRIGHT INFRINGEMENT

      We take claims of copyright infringement seriously, and our policy to terminate the user accounts of repeat infringers. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

      • Your physical or electronic signature;
      • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
      • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
      • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
      • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
      • A statement that the information in the written notice is accurate; and
      • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

      Our designated copyright agent to receive DMCA Notices is:

      [First and Last Name of the Agent]

      [Name of the Agent’s Organization]

      [Physical Mailing Address of the Agent]

      [Telephone Number of the Agent]

      [E-mail Address of the Agent for this Purpose]

      Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

      4.5           Links from the Site

      If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

      5.        MOBILE APPLICATION LICENSE

      5.1           USE LICENSE

      If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. In addition to the requirements set forth in Section 3, you shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the mobile application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the mobile application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the mobile application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the mobile application; (5) use the mobile application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the mobile  application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the mobile application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the mobile application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the mobile application.

      5.2           APPLE AND ANDROID DEVICES

      The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not 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; (5) you must comply with applicable third-party terms of agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

      6.        FEEDBACK

      You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Feedback") provided by you to us are non-confidential and will be considered our sole property. We shall own exclusive rights, including all intellectual property rights, to this Feedback, and shall be entitled to the unrestricted use and dissemination of this Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original to you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

      7.        SITE MANAGEMENT

      We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates applicable law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

      8.        PRIVACY POLICY

      We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

      9.        TERM AND TERMINATION

      These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the Site or delete any content or information that you posted at any time, without warning, in our sole discretion.

      If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

      10.     MODIFICATIONS AND INTERRUPTIONS

      We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

      We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

      11.     GOVERNING LAW

      These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

      12.     DISPUTE RESOLUTION

      12.1         Binding Arbitration

      If the parties are unable to resolve a dispute through informal negotiation (“Dispute”), the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Francisco, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

      12.2         Restrictions

      The Parties agree that any arbitration shall be limited to the Dispute strictly between the parties. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

      12.3         Exceptions to Arbitration

      The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

      If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in San Francisco, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. 

      12.4         Limitation on Time to File Claims

      In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

      13.     GENERAL

      13.1         CORRECTIONS

       

      There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

      13.2         DISCLAIMER

      THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

      13.3         LIMITATIONS OF LIABILITY

      IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SERVICE PROVIDERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

      13.4         INDEMNIFICATION

      You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, employees, licensors and services providers from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Site; (3) your breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

      13.5         USER DATA

      We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

      13.6         ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

      Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

      13.7         CALIFORNIA USERS AND RESIDENTS

      If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

      13.8         MISCELLANEOUS>

      These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.  You may not assign any of your rights or obligations hereunder without our prior written consent. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

      You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

      14.     CONTACT US

      In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us.

      Write Us

      Lit Live, Inc

      475 Sansome St., Suite 730

      San Francisco, CA 94111

      United States

       

      Call Us:

      (+1) 612-850-5359

       

      E-mail Us:

      ask@shoplitlive.com

       

      -----------------------------------------------------------------------------------------

      PRIVACY POLICY

      Last updated June 5, 2020

      Thank you for choosing to be part of our community at Lit Live, Inc., doing business as Shop Lit Live (“Shop Lit Live”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy policy (“Privacy Policy”), or our practices with regard to your personal information, please contact us at ask@shoplitlive.com.

      When you visit our website https://www.shoplitlive.com, mobile application, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. IF THERE ARE ANY TERMS IN THIS PRIVACY POLICY THAT YOU DO NOT AGREE WITH, PLEASE DISCONTINUE USE OF OUR SITES, MOBILE APPLICATIONS, AND OUR SERVICES.

      This Privacy Policy is part of and incorporated into the Terms of Use governing your use of the Site. Capitalized terms used but not defined in this Privacy Policy have the definitions provided in the Terms of Use. Parts of the Terms of Use affect this Privacy Policy, so unless you have already done so, please review the Terms of Use prior to using the Site. IF YOU DO NOT AGREE WITH THIS POLICY OR OUR TERMS OF USE, PLEASE DO NOT USE OR REGISTER FOR AN ACCOUNT ON THE SITE.

      This Privacy Policy applies to all information collected through our website (such as https://www.shoplitlive.com), mobile application, and/or any related services, sales, marketing or events (we refer to them collectively in this Privacy Policy as the "Site").

      Please read this Privacy Policy carefully as it will help you make informed decisions about sharing your personal information with us.

      TABLE OF CONTENTS

      1. WHAT INFORMATION DO WE COLLECT?
      2. HOW DO WE USE YOUR INFORMATION?
      3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
      4. HOW DO WE PROTECT YOUR INFORMATION?
      5. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
      6. HOW LONG DO WE KEEP YOUR INFORMATION?
      7. WHAT ARE YOUR PRIVACY RIGHTS?
      8. CONTROLS AND OTHER DO-NOT-TRACK FEATURES
      9. EXTERNAL LINKS
      10. DO CALIFORNIA RESIDENTS HAVE PRIVACY RIGHTS?
      11. CHILDREN’S PRIVACY RIGHTS
      12. NOTICE TO EEA RESIDENTS
      13. DO WE MAKE UPDATES TO THIS POLICY?
      14. QUESTIONS OR REQUESTS HANDLING

       

       

      1. WHAT INFORMATION DO WE COLLECT?

      1.1 Personal information you disclose to us

      We collect data to provide the services and products your request, ease your navigation on our Site, communicate with you, and improve your experience using the Site.  Some of this information is provided by you directly, such as when you create an account on the Site.  Some of the information is collected through your interactions with the Site.  We collect such data using technologies like cookies and other tracking technologies, error reports, and usage data collected when you interact with our Site. The personal information we collect can include the following:

      1. Personally Identifiable Information. When you visit the site, you can browse without submitting personal information about yourself. If you choose to create an account or make a purchase on the Site, the personally identifiable information we collect will or may include: your name, e-mail address, postal address, phone number, password, and other profile information you provide to us when registering for an account.
      2. Classification Characteristics. When you visit the site and set up an account, you may have the option to provide us with your age and gender.
      3. Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Stripe and Shopify, not by us. You may find their privacy policy link(s) here: https://stripe.com/privacy and https://shopify.com/legal/privacy.
      4. Purchase History. When you make a purchase through the site, we will collect a record of any products purchased through the Site, which may include your purchasing or consuming histories or tendencies on our Site.
      5. Social Media Login Data. We may provide you with the option to register using your social media account through Facebook, Twitter or other social media accounts. If you choose to register in this way, we will collect the information described in the section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS.”
      6. Resumes. For certain purposes, you may choose to provide us with your resume, which can include your current or past job history.
      7. Content. Content of the information you send us, such as in your Contributions, Feedback, or questions.  When you contact us, phone conversations and chat sessions may be monitored and recorded in order to improve our services, or to facilitate the processing and resolution of your request or complaint.
      8. Surveys and Studies. We may ask you to participate in a survey or study, and may request information from you.  Participation is voluntary and you have the choice of whether to disclose any requested information.

      All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

      1.2 Information automatically collected

      We automatically collect certain information when you visit, use or navigate the Site, including through tracking technologies to collect certain technical information from your browser or device when you visit the Site. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your Internet Protocol address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information. We use this information to maintain and improve the security and operation of our Site, and for our internal analytics and reporting purposes.

      Like many businesses, we also collect information through cookies and similar technologies (“Cookies”).  Our collection of data through Cookies includes information about your browser and Site usage patterns, which may include your Internet Protocol address, browser type, browser language, referring/exit pages and URLs, pages viewed, links clicked, whether you opened an email, and information about the device you use to access the Site. Our collection of this information allows us to improve your user experience in various ways, such as to personalize our display of the Site to you, to “remember” whether or not you are signed in, and to provide better technical support to you.

      Please note: If you restrict, disable or block any or all Cookies from your web browser or mobile or other device, the Site may not operate properly, and you may not have access to our Site.  We will not be liable for any impossibility to use the Site or degraded functioning thereof, where such are caused by your settings and choices regarding Cookies.

      1.3 Pixels (aka web beacons/web bugs/java script). We may use Pixels to automatically record certain technical information about your interactions with us when you visit the Site or otherwise engage with us, to help deliver cookies on our Site, or count users who have visited our Site. We may also include web beacons in our promotional e-mail messages or newsletters to determine whether you open or act on them for statistical purposes.  Pixels are tiny graphics (about the size of a period at the end of a sentence) with unique identifiers used to track certain online actions, movements and related information of Site users. Unlike cookies, which are stored on a user's computer hard drive, Pixels are embedded invisibly on web pages or in HTML-based emails. The data we receive through Pixels allows us to effectively promote the Site to various populations of users, and to optimize external ads about the Site that appear on third-party websites.

      1.4 Third Party Analytics Providers. We also use third-party analytics providers to collect information about Site usage and the users of the Site, including demographic and interest-level information. These providers use cookies in order to collect demographic and interest-level information and usage information from users that visit the Site, including information about the pages where users enter and exit the Site and what pages users view on the Site, time spent, browser, operating system, and IP address. Cookies allow these providers to recognize a user when a user visits the Site and when the user visits other websites. These providers use the information they collects from the Site and other websites to share with us and other website operators’ information about users including age range, gender, geographic regions, general interests, and details about devices used to visit websites and purchase items. We do not link information we receive from these providers with any of your personally identifiable information.

      1.5 Location Information.

      We do not collect precise geolocation data from you or your device, but may collect and use information about your general location (such as any city, state or country of residence supplied by you when setting up your user profile) or infer your approximate location based on your IP address in order to track our general website usage or to tailor any pertinent aspects of your user or educational experience to your region.

      1.6 User Contributions. 

      You also may provide Contributions on public areas of the Site, which can be seen by other users of the Site or third parties. Your Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Site with whom you may choose to share your Contributions. Therefore, we cannot and do not guarantee that your Contributions will not be viewed by unauthorized persons.

      1.7 Information Collected By Our Mobile Application.

      If you use our mobile applications, we may also collect the following information:

      1. Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's Bluetooth, calendar, camera, microphone, social media accounts, storage, and other features. If you wish to change our access or permissions to these features, you may do so in your device's
      2. Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP
      3. Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's

      2. HOW DO WE USE YOUR INFORMATION?

      We will only use or disclose your information described in the categories identified above for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

      We use or disclose information collected via our Site for the following purposes: (A) to fulfill or meet the reason you provided the information; (B) to provide, support, personalize, and develop our Site; (C) to create, maintain, customize, and secure your account with us; (D) to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses; (E) to personalize your experience and to deliver content and product and service offerings relevant to your interests, including offers and ads through our Site, third-party sites, and via email (with your consent, where required by law); (F) to help maintain the safety, security, and integrity of our Site, databases and other technology assets, and business; (G) for testing, research, analysis, and product development, including to develop and improve our Site; (H) to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; (I) to fulfill and manage your orders;  (J) to administer prize draws and competitions; (K) for other business purposes, such as data analysis, identifying usage trends, determining effectiveness of promotional campaigns, and internal evaluations to improve the Site and user experience; (L) as described to you when collecting your personal information or as otherwise set forth in the CCPA; and (M) to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.

      We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

      3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

      3.1 Disclosure to Third Parties. We may disclose your personal information to a third party for a business purpose.  When we disclose any information to a third party, we do so for a business purpose and enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

      3.2 Third-Party Service Providers. We may share your information with service providers, vendors, consultants, contractors or agents who perform services for us or on our behalf and require access to such information to perform that work, for purposes such as payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data about how you interact with the Site over time.

      3.3 Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to our Site and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you. Our Site may also display a third-party hosted “offer wall.” Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for acceptance and completion of an advertisement offer. Such an offer wall may appear in our mobile application and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will leave our mobile application. A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account.

      3.4 Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

      3.5 No Sale of Information.  Except as otherwise described in this Privacy Policy, we do not share, sell, rent or trade any of your information with third parties.

      4. HOW DO WE PROTECT YOUR INFORMATION?

      4.1 We use certain physical, managerial, and technical safeguards designed to preserve the security of the personal and other information we maintain in connection with your use of the Site. For example, when you enter personally identifiable information, we encrypt the transmission of that information using secure socket layer technology (SSL) or similar technologies. This, however, does not guarantee that your information may not be accessed, disclosed, altered, or destroyed by any breach of our physical, technical or managerial safeguards. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and will notify you, as appropriate, in accordance with pertinent laws and regulations.

      4.2 Personally identifiable information collected by the Site is stored in operating environments that are safeguarded against access by the public and protected from access internally by physical and technical security measures. While these measures are helpful to safeguard your personal information after we receive it, no transmission of data over the internet can be guaranteed to be 100% secure.

      5. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

      Our Site offers you the ability to register and login using your third party social media account details, such as your login credentials for Facebook or Twitter. Where you choose to do this, we will receive certain profile information about you from your social media account. The profile information we receive may vary depending from one social media provider to the next, but the provided information will often include your name, e-mail address, friends list, profile picture, and other information you have chosen to make publicly available.

      We will use the information we receive only for the purposes described in this Privacy Policy or that are otherwise made clear to you on the Site. Please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set and manage your privacy preferences on their sites and apps.

      6. HOW LONG DO WE KEEP YOUR INFORMATION?

      We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than one (1) year past the termination of your account.

      When we have no ongoing legitimate business need to process your personal information, we will either delete or de-identify and anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

      7. WHAT ARE YOUR PRIVACY RIGHTS?

      7.1 Account Information We Collect. If you would at any time like to review or change the information in your account or terminate your account, you can either (A) log into your account settings and update your user account, or (B) contact us as set forth in QUESTIONS OR REQUESTS HANDLING.

      Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use or comply with legal requirements.

      7.2 Cookies and Similar Technologies.  Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site. To learn more about opting out of interest-based advertising by advertisers on our Site, visit http://www.aboutads.info/choices/.

      7.3 Opting Out of Marketing E-mails: You can unsubscribe from our marketing e-mail list at any time by clicking on the unsubscribe link in the e-mails that we send or by contacting us using the details set forth in QUESTIONS OR REQUESTS HANDLING. You will then be removed from the marketing e-mail list; provided, however, we will still need to send you service-related emails that are necessary for the administration and use of your account. You may also opt out by updating your preferences under your account settings, or note your preference not to receive marketing e-mails when you register with the Site.

      8. CONTROLS FOR DO-NOT-TRACK FEATURES

      Most web browsers and some mobile operating systems and mobile applications include a Do- Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy.

        9. EXTERNAL LINKS

          The Site contains links to other sites. However, we are not responsible for any of the content of other linked websites. We are also not responsible for the privacy practices and the terms and conditions of use for any external websites. The linked sites may collect personally identifiable information from you that is not subject to our control. The data collection practices of linked sites will be governed by that site's privacy policy.

          10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

          10.1         California Residents. This section supplements the information contained in this Privacy Policy, and applies solely to visitors, users and others who reside in the State of California.  California residents have specific rights regarding their personal data, including a right to access specific or categories of information we collect, to have that information deleted, and to not be discriminated against by us for exercising the foregoing rights.  We have not disclosed or sold personal data of California residents to third parties for business or commercial purposes in the preceding 12 months.

          California residents can contact us with questions or comments about this notice, the ways in which we collect and use your information described in this Privacy Policy, your choices and rights regarding such use, or if you wish to exercise your rights under California law.  Authorized agents acting on behalf of a California resident should submit a request online and provide the requested information for proof of identity.  Upon receipt of a verifiable request from you or your authorized agent, we will process and respond to your request as described in our online request form.  Please let us know if you encounter accessibility barriers with regard to this Privacy Policy.

          • Submit a Request Online: [include hyperlink to webform]
          • E-mail: ask@shoplitlive.com.

          10.2         California Shine the Light Law. California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

          If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.

          11. CHILDREN’S PRIVACY RIGHTS

          11.1         OUR Site IS NOT INTENDED FOR CHILDREN. You must be at least the age of majority in your place of residence to use the Site. The Site not directed to or intended for use by minors. Consistent with the requirements of the U.S. Children’s Online Privacy Protection Act, if we learn that we received any information directly from a child under age 13 without his or her parent’s verified consent, we will use that information only to inform the child (or his or her parent or legal guardian) that he or she cannot use the Site.  We do not knowingly sell information from children under the age of 16.

          11.2         California Minors.  While the Site is not intended for anyone under the age of 18, if you are a California resident who is under age 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at: sunny@shoplitlive.com.  When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it.  We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the Content or information.  Removal of your content or information from the Site does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.

          12. NOTICE TO EEA RESIDENTS.

          This Site is not directed to or meant for use by residents of the European Economic Area. If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you have questions or comments about your privacy rights, you may email us at ask@shoplitlive.com.

          13. DO WE MAKE UPDATES TO THIS POLICY?

          We may update this privacy policy from time to time, based upon evolving laws, regulations, industry standards, or as we make changes to our business and our Site. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.  If you disagree with the changes to this Privacy Policy, you should discontinue your use of the Site.

          14. QUESTIONS OR REQUESTS HANDLING

          We understand that you may have questions or concerns about this Privacy Policy or our privacy practices. You may also have the right to request access to the personal information we collect from you, change that information, or delete it.  In such case, please contact us in one of the following ways, and we will respond to your request within 30 days:

          Write Us:

          Lit Live, Inc

          475 Sansome St., Suite 730

          San Francisco, CA 94111

          United States

          Call Us:

          (+1) 612-850-5359

          E-mail Us:

          ask@shoplitlive.com

          Use Our Webform, found here.