These Terms of Use explain attn.live, LLC’s (“attn.live” or “we” or “our”) policies governing the use of our products and services and websites at www.attn.live or https://stream.attn.live/ (the “Platform”). Please read these Terms of Use carefully before using our Platform. By accessing, viewing or using our Platform, you agree to these Terms of Use, which incorporate our Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE PLATFORM.

We reserve the right to change these Terms of Use at any time in our sole discretion. If we make any changes to our Terms of Use, we will post a new policy on the Platform and update the “last updated” date set forth above. You should check these Terms of Use each time you visit our Platform for any changes. If you continue to use the site after any changes to these Terms of Use, you agree to and accept those changes.

Registration and access to the platform

As a user of our Platform, you agree to represent yourself accurately and truthfully at all times. You grant attn.live the right to independently verify any information that you post on the Platform or provide to attn.live about yourself, including any information that you provide in order to make any purchases of services through the Platform.

Registration is required to view and use certain areas of the Platform. You must complete the registration process by providing attn.live with certain information as prompted by the applicable registration form. The information that you provide is covered by our Privacy Policy. During the registration process, you will choose a username and password. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password and account. You agree to notify us immediately at our customer support address, hellofuture@attn.live of any breach of security or unauthorized use of your account or password. attn.live will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, unless you have their and our written or recorded verbal permission, and you may not transfer, sell or otherwise grant access to your account to anyone and agree to be bound by these Terms of Use. 

Upon cancellation or termination of your access to password protected areas of the Platform, attn.live reserves the right to deactivate your account and delete your user profile.

Certain elements of the Platform may be made available for a fee.  To the extent you choose to use these elements of the Platform, you will be required to provide information regarding your payment instrument and agree to pay attn.live the associated fee(s) for the use of specified element of the Platform.  You represent and warrant that you have provided accurate payment instrument information that you are authorized to use. You are responsible for promptly updating your account information with any changes to your payment instrument that may occur and are required for payment processes. If you dispute any charges you must let attn.live know within sixty (60) days of the charge being processed to your payment instrument. We reserve the right to change our prices and will provide notice of any changes on the Platform or in email to you, at our option, at least 15 days before the change is to take effect. Your continued use of the Platform after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for any and all taxes associated with the Platform other than Puerto Rican taxes due by attn.live.

Your use of the platform and conduct in connection with the platform

The Platform may include discussion forums or other interactive areas. You agree to use such interactive areas only for non-commercial purposes. You are solely responsible and liable for any materials that you post or transmit to our Platform. You are solely liable for any material that you upload or transmit to the discussion forums or interactive areas of the Platform. You agree to act responsibly and treat others with respect. You agree not to use the Platform to do any of the following:

  • Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful or racially, ethnically or otherwise objectionable;
  • Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  • Upload, e-mail, transmit or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Distribute, publish or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam and chain letters;
  • Record, download, or copy any content without the express written or recorded verbal approval of the creator of the content;
  • Harm minors in any way;
  • Upload, post, e-mail, transmit or otherwise make available any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform or any computer software or hardware or telecommunications equipment; 
  • Obtain or attempt to access or obtain any materials or information through any means not intentionally provided for through the Platform.

attn.live may rely upon the use of an Application Programming Interface (API) to deliver the Platform. By agreeing to these Terms of Use, you are agreeing to be bound to the Terms of Use or Terms of Service of the application to which the Platform is linked. These may include, but are not limited to the:

Your submissions to the platform

Any questions, comments, suggestions, ideas, feedback or other information about the Platform (“Feedback”), provided by you to attn.live are non-confidential and we are entitled to unrestricted use of this Feedback, without acknowledgment or compensation to you, for any purpose, commercial or otherwise.

By submitting any reviews, suggestions, feedback or other items or information, whether or not solicited by attn.live, or creating a public presentation via your account, (“Public Submissions”), you hereby grant to attn.live and other users of the Platform an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license with the right to sublicense (“License”) to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise exploit your Public Submissions and all intellectual property rights therein, in any manner or medium now existing or hereafter developed. Public Submissions may be used for any purpose by attn.live and/or other users of the Platform, and attn.live is under no obligation to publish or use any Public Submission. If your Public Submission is published, used and/or posted on the Platform or otherwise used by attn.live, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting or use. By submitting, disclosing or offering a Public Submission, you hereby grant attn.live the right to use your name in connection with the publication, use or posting of your Public Submission. You must include your full name and e-mail address with your Public Submission so that we can contact you if we have any questions about your Public Submission; however, only your name will be published with your Public Submission.

You hereby represent and warrant that you have the authority and right to grant the License and that your Public Submissions do not violate any third party intellectual property rights. You agree to take any necessary steps (such as executing affidavits) requested by attn.live as may be needed to confirm or formalize the License. 

attn.live will not be liable, in any way or under any circumstances, for any Public Submissions (“Submissions”), including, but not limited to, for any errors or omissions or for any loss or damage of any kind incurred as a result of the use of any Submissions. attn.live does not pre-screen content, but attn.live (and its designees) will have the right, but no obligation, in our sole discretion to refuse or remove any Submissions that are available via the Platform. attn.live (and its designees) will have the right, without limitation and in our sole discretion, to remove any Submissions that violate these Terms of Service or are deemed to be otherwise objectionable. You agree that bear all risks associated with the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.

attn.live may establish general practices and limits concerning use of the Platform, including, but not limited to, the period of time that Submissions or other content will be retained and the storage space that will be allotted on your behalf on attn.live’s servers. You agree that attn.live has no responsibility or liability for the deletion or failure to store any Submissions or other content maintained by or uploaded to the Platform and that attn.live reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that attn.live, with or without notice, reserves the right to change these general practices and limits at any time, in its sole discretion.

attn.live reserves the right at all times to preserve or disclose any information that attn.live deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Submissions or other materials, in whole or in part, in attn.live’s sole discretion.  This also means that for technical processing and transmission of your Submissions on the Platform, attn.live may transmit information over various networks and there may be changes to conform to necessary technical requirements of connecting networks or devices.

Proprietary rights

attn.live, its affiliates and its licensors own or control all rights, title and interest in, under and to the Platform, including the design, user interface, text, copy, graphics, artwork, videos, photographs, trademarks and other trademarks on our Platform), logos, sound, music, computer code and other files (“Content”), and the selection, arrangement and “look and feel” of such Content. Our Content is protected by trade dress, trademark, copyright and various other intellectual property laws.

Unless otherwise expressly permitted by attn.live, you may not copy, reproduce, post, publish, display, republish, distribute, transmit, modify, create derivative works from, upload or otherwise exploit any Content, data or materials on or available through our Platform, including “mirroring” to any other computer, without our express prior written consent. 

You are prohibited from (1) using any automated device, such as a robot, spider, deep linker or page scraper, or the manual equivalent, to access, copy, monitor or scrape any content from our Platform or (2) using framing or similar techniques to enclose our Content.

You may display and print a single copy of Content from our Platform provided that you (1) do so solely for personal, non-commercial use and (2) keep all copyright or other proprietary notice language intact. If you are a public search engine, notwithstanding the above, you may use automated devices to copy Content and other materials available without charge on our Platform solely as necessary to make our Platform publicly searchable.

All of attn.live’s, its affiliates’ or its licensors’ rights to the Platform, the Content or intellectual property not expressly granted to you are reserved.

Notice for making claims of copyright infringement

attn.live respects the intellectual property rights of third parties. attn.live will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following: 

attn.live, LLC. 1355 Market St, San Francisco, CA 94103, E-Mail: hellofuture@attn.live

To be effective, the notification must include the following: 

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit attn.live to locate the material;
  • information reasonably sufficient to permit attn.live to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Links to our platform and to other sites

You are hereby granted a limited, revocable and nonexclusive right to create a hyperlink to any page of the Platform so long as the link does not portray attn.live, its subsidiaries, affiliates, licensors or partners, or its or their respective services, in a false, misleading, derogatory or otherwise offensive or damaging manner.

We may provide a link to other sites that allow you to leave the Platform to access third-party materials (“Linked Materials”). These Linked Materials are made available solely for your convenience. attn.live is not responsible for, does not monitor, has no control over and does not endorse the Linked Materials. You access the Linked Materials at your own risk. 

attn.live may run advertisements and promotions from third parties on the Platform. Your correspondence or business dealings with, or participation in promotions of, advertisers other than attn.live found on or through the Platform, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. attn.live is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-attn.live advertisers on the Platform. 

Third party components

You acknowledge and agree that use of the Platform requires third party equipment and software (collectively, the “Third Party Components”) that must be provided by you. The Third Party Components include, without limitation, the following: a computer, a connection to the internet, operating system software and a web browser (the necessary version of any of the foregoing may be designated by attn.live from time to time). attn.live SHALL HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE THIRD PARTY COMPONENTS.

Disclaimer

Your use of the platform and services provided therein is at your sole risk unless explicitly stated otherwise. Unless explicitly stated otherwise, the platform, including the services provided therein, are provided on an “as is,” “as available” and “with all faults” basis. Unless explicitly stated otherwise or required under applicable law, attn.Live disclaims all express or implied conditions, representations and warranties of any kind, including, without limitation, any implied warranty or condition of accuracy, merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Attn.Live makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy or completeness of the platform or the services provided therein. Attn.Live makes no warranty or representation that the platform or services will be uninterrupted, secure, error-free or free of any viruses, trojan horses or worms.
Unless explicitly stated otherwise, you assume all risks concerning the suitability and accuracy of the information within the platform. The platform may contain technical inaccuracies, typographical errors or omissions. Attn.Live assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions.
Attn.Live does not endorse or claim ownership of, and is not liable for, any content (including, but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users or outside parties on the platform), including with respect to (a) the accuracy or reliability of any opinion, advice or statement made through the platform by any party; or (b) the capabilities or reliability of any product or service obtained from the platform, other than as required under applicable law. Under no circumstance will attn.Live be liable for any loss or damage caused by a user’s reliance on information, products or services obtained through the platform or a linked website. It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any opinion, advice, products or other content available through the platform or the services. You assume complete responsibility for your use of the platform and any linked sites.

Limitation of liability

To the fullest extent permitted by law, attn.Live, its affiliates and any other of its or their respective officers, directors, employees or agents will not be liable for any indirect, punitive, special, incidental, consequential or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, or other economic advantage) arising out of or in connection with the platform or the services, even if attn.Live has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including, without limitation, damages due to: (a) the use of or the inability to use the platform or services; (b) the cost of procurement of substitute services resulting from any data, information or services purchased or obtained, or messages received or transactions entered into, through or from the platform; (c) statements or conduct of any third party on the platform, including, without limitation, unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information that you may download, use, modify or distribute. To the fullest extent permissible under applicable law, attn.Live’s aggregate liability, and the aggregate liability of its licensors, to you or any third parties for any claims arising out of the use of this platform or its services is limited to the amount of any payments you made to attn.Live. To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.

Indemnification

You will indemnify, defend and hold attn.live, and its subsidiaries, affiliates, predecessors, successors in interest, officers, managers, agents, licensors and employees, harmless from any claims, demand, loss or expense, including reasonable attorneys’ fees, made by any third party relating to or arising out of your use of the Platform, your violation of these Terms of Use or your violation of any third party’s rights, including the infringement of a third party’s intellectual property rights by your Submissions. 

You agree not to hold attn.live responsible for any action, inaction, omission or misstatement made by other users or for any harm arising from the Platform.

Violations of these terms of use; termination

Without prior notice and in our sole discretion, attn.live reserves the right to terminate your account and access to our Platform without refund and to block future access to our Platform for any violations of these Terms of Use.

Waiver and severability

Any express waiver or failure to exercise promptly any right under these Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of these Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms of Use will remain in full force and effect.

Disputes; governing law

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Puerto Rico without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the courts of Puerto Rico. By using the Platform, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  You agree that regardless of any statute or law to the contrary, if any claim or cause of action arising out of or related to use of the Platform or these Terms of Use is not filed within one (1) year after such claim or cause of action arose, then you waive your right to make any claim. 

You are responsible for resolving disputes with other users. attn.live has no obligation with respect to disputes among users but may, in its sole discretion, intervene. You agree to promptly report any user misconduct to attn.live. You hereby release attn.live, its officers, employees, agents, predecessors, successors, parents, subsidiaries, assignees and affiliates from claims, demands and damages, actual and consequential, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, our products or services or property or space made available through the Platform. 

Headings

Headings used herein are for convenience of reference only and will in no way affect the interpretation of these Terms of Use.

Miscellaneous

You shall not assign the Terms of Use or any of your rights or obligations hereunder, and any purported assignment of the Terms of Use by you in contravention of the foregoing shall be null and void. 

No agency, partnership, employment, or joint venture is created through the Terms of Use.

You are solely responsible for your interactions with any other user (content creator or otherwise) in connection with the Platform and attn.live will have no liability or responsibility with respect to those interactions. attn.live reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform.

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and attn.live with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. 

You may also be subject to additional or different terms and conditions that apply when you use affiliate or third party services, third party content or third party software.  You are responsible for being aware of those additional or different terms and conditions.

attn.live may assign or transfer these Terms of Use, in whole or in part, without restriction or notice. 

attn.live shall not be liable for any failure or delay in its performance under the Terms of Use (including, without limitation, provision of the products and services on the Platform) due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental acts, acts of third parties, failures of third party software or equipment (including, without limitation, Third Party Components), power or electrical failures, internet protocol packet loss or misrouting, and any internet connectivity failures. 

If you have not already done so, you should print or save a copy of the Terms of Use for your future reference.

If you have any questions or comments about these Terms of Use or to report any violations of these Terms of Use please contact us at hellofuture@attn.live.