Terms & Conditions

Terms & Condition

1. Basis and Purpose of these Terms and Conditions

1. These Terms and Conditions (the Terms) are general terms and conditions between you (you) as a Supporter or Experience Provider, as defined hereafter, and [LivXP AG] (LivXP or us) governing your use of the Platform, as defined hereafter, for the provision, respectively acquisition of goods and/or services (such as Experience).
2. On its website livxp.com and via its mobile app, LivXP operates a platform that allows its users to offer (for sale or, as the case may be, for free), respectively to acquire, Experiences in a variety of pricing formats and locations (the Platform). Seller (called as Experience Provider) may therefore offer Experiences to their fans (Supporters). The aim of the Platform is therefore to allow access to an online marketplace and community where fans from all around the world can more closely interact with their favourite Experience Providers.
3. Any actual agreements concerning the Experiences offered by any given Experience Provider through the Platform shall be entered into directly between the Experience Provider and the Supporter. LivXP is therefore not an auctioneer or seller and is not a party to any such agreements.
4. The Web Site and its services provided by LivXP is available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If You do not qualify, You are not permitted to use the Web Site and mobile app.

2. Registration and Membership

1. You must register and provide certain information in order to access and use the various functionalities of the Platform. You are responsible for providing complete and truthful information.
2. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms and LivXP has the right at all time to require proof of your authority to act on behalf of said business entity. The account shall be attributed to the business entity directly.
3. Membership is personal and non-transferable. You are obliged to treat your login information, such as username and password (the Credentials) as strictly confidential and prevent access to the Credentials by any third parties.
4. You shall be obliged to notify LivXP forthwith at security@livxp.com if you become aware that the Credentials have been disclosed to a third party, if the Credentials are in any way compromised or if it appears that your user account is being or has been misappropriated. You hereby note that you engage your personal liability for any breach of this provision.
5. LivXP reserves the right to terminate your membership and delete your account, including any open offers for Experiences, immediately at its sole discretion.

3. Intellectual Property

1. The by-default contents and functionalities provided by the Platform, including but not limited to the computer code, layout and structure, are the intellectual property of LivXP or its licensors. All trademarks, copyrights, patents, and other intellectual property rights are proprietary to LivXP or its licensors.
2. LivXP grants to you a limited, non-exclusive and non-transferable right to access the Platform and to use the functionalities in a way consistent with these Terms. This license shall automatically expire when your membership ends, for whatever reason unless terminated earlier for whatever reason by LivXP at its sole discretion. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless expressly permitted to do so by LivXP.
3. By uploading contents (including trademarks, copyrighted works, athlete image or likeness) onto the Platform, you hereby grant LivXP and its successors, affiliates, assignees and any sub-contractors a non-exclusive, perpetual, worldwide, royalty-free, sub-licensable and transferable right to save, process, translate, publish, broadcast, display publicly and delete such content for the purposes of operating and promoting (in any media whatsoever) the Platform. In particular, you agree to the reproduction of such content on the Platform by LivXP within the functionality and design of the Platform as well as to the use of your uploads, especially images, for the purpose of LivXP's promoting the Platform. You acknowledge that the content you upload to the Platform may not remain available to you for instance should your membership end (LivXP will however cease using any of your trademarks and image/likeness upon the end of your membership, unless otherwise agreed).

4. Use of the Platform

1. Once LivXP grants you access to the Platform, you may use it to acquire or offer any Experiences that Experience Providers have to offer.
2. As we wish to provide Supporters with offered Experiences geographically nearest to them, you may be required to provide your geolocation data and you specifically agree thereto. We do not use geolocation data for purposes of geo-blocking. For further information on how we process your personal data, please read our privacy policy
3. You will enter into a contractual relationship directly with the Supporter, respectively the Experience Provider. LivXP shall not be a party to this relationship. The content and the execution of this relationship shall exclusively be based on the agreement concluded between you and the Supporter, respectively the Experience Provider. However, if you qualify as an Experience Provider, you agree that you will grant the Supporter in particular the following rights:
   1. Prompt offer of full refund of any amounts already paid in case you withdraw, cancel or postpone an Experience;
   2. Warranty and buyer return rights that are customary in your jurisdiction and correspond at least to the legal requirements under your jurisdiction's relevant legislation (contracts law, consumer protection, etc.);
   3. Any further terms expressed in the Experience Provider Consent Form.
4. LivXP may at its sole discretion modify, add or remove functionalities of the Platform, suspend the services, perform any repairs, maintenance and upgrades and expressly disclaims any liability caused to you for any loss or damage in this respect. Your continued usage of the Web Site after any changes to these Terms and Conditions will be deemed as acceptance of such changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice, at the sole discretion of LivXP.

5. Fees, Commissions, Taxes and Vetting Period

1. The Platform relies on a trust-based relationship between Supporters, on the one hand, and the Experience Providers, on the other hand. Therefore, we may from time to time implement a vetting procedure whereby you as an Experience Provider initially only offer Experiences at or below a pre-determined fixed price (i.e. no bidding procedure) with a total value at the time of completion of the purchase corresponding in your local currency to CHF 200 (two hundred Swiss francs) or less (the Vetting Period); once you have successfully (e.g. with no Supporter complaints, negative review or other issues) provided Experiences to at least 20 (twenty) different Supporters, the Vetting Period shall be over and you shall be free to offer Experiences with a value in excess of CHF 200 (two hundred Swiss francs) or under a bidding process (or under any other modality available on the Platform). LivXP may contact you at any time during and after the Vetting Period in order to assess your trustworthiness and you agree to fully cooperate with all reasonable information requests.
2. You as an Experience Provider acknowledge that the purchase price (shipping costs, VAT and fees, if any, included) paid by the Supporters for the Experience you offer will be withheld by LivXP or a third party on behalf of LivXP until the Experience has been fully provided. In case of Experiences which include the delivery of goods, LivXP recommends that you always use a delivery method which permits tracking and tracing of the despatched item until delivery and LivXP hereby waives any liability relating in any way to shipping and item despatch. Upon release of the purchase price, LivXP shall transfer it to you less any commission, fees and expenses which may be due to LivXP as per the Experience Provider Consent Form.
3. [You as an Experience Provider hereby authorize LivXP to collect from any price paid by Supporters for Experiences you offer any VAT or sales taxes that we may be required to collect based on the laws of any relevant jurisdiction. You remain fully liable for all taxes relating to the consideration for the Experiences that you offer and agree to hold LivXP harmless in that respect.]
4. You as a Supporter acknowledge and agree that any bid that you may place for Experiences subject to an auction process are irrevocable and bind you. Should you become the highest bidder at the end of the auction you are liable for the entire price of your bid and you hereby authorize LivXP to automatically charge/debit your payment method. Should you wish to challenge any bid result and/or debit as described above, you should contact us within no more than 48 hours (forty-eight hours) from auction end by means of the dedicated form available on the Platform or by e-mail at info@livxp.com.
5. Irrespective of any commission that you may owe to LivXp, you acknowledge that LivXp may, as the case may be, collect Supporter payments on your behalf and not for LivXp's own purposes. To that effect, LivXp may rely on third-party payment services providers (e.g. Stripe, PayPal, Payrex, etc.). In all situations, you agree to remain solely liable for any taxes owed on the price you charge the Supporters for the Experience you provide. This includes but is not limited to any VAT or sales taxes.

6. User Representation and Warranties

1. By agreeing to these Terms, you hereby consent to, represent and warrant that you will at all times behave on the Platform in a fair play manner. This means in particular that you will not:
   1. Link to other websites such as your own webpage or any third party sites unless permitted in the Experience Provider Consent Form. LivXP may upon prior request allow linking to certain websites at its sole discretion;
   2. Post false, inaccurate, misleading, deceptive, defamatory, or libellous content;
   3. In any way manipulate the price of listed Experiences by means such as shill bidding and other deceptive practices;
   4. Use the Platform to defraud any person or entity (including but not limited to sale of stolen items, offering of bogus Experiences, use of stolen credit/debit cards, fake products, etc.);
   5. Impersonate any person or entity other than yourself or inaccurately claim an association with any other person or entity;
   6. Provide descriptions of the Experiences you as an Experience Provider offer for sale which do not correspond to an honest assessment of the Experience (including but not limited to displaying misleading images or descriptions, withholding information pertaining to third party ownership or encumbrances, etc.);
   7. Use the Platform for the sharing or provision in any way of narcotics and psychotropic substances, whether legal or prohibited, or medicinal or therapeutic products including but not limited to medicine, homeopathic products and products pertaining to so-called alternative medicines;
   8. Use the Platform to upload contents which may be illegal, obscene, libellous, menacing, defamatory, personally injurious, violating principles of fair competition
   9. Breach or circumvent any laws, third-party rights or any of the LivXP policies;
   10. Fail to provide the Experiences you as an Experience Provider offer or take the necessary steps thereto;
   11. Distribute or post spam, unsolicited or bulk electronic communications, chain letters, distribute viruses or any other technologies that may harm LivXP or the interests or property of the users of the Platform;
   12. Use robots, spiders, scrapers, data mining tools, data gathering and extraction tools, or other similar automated means to collect data on the users of the Platform;
   13. Infringe the copyright, trademark, image or name rights, patent, publicity, moral, database, and/or other intellectual property rights that belong to or are licensed to LivXP or any Experience Provider;
   14. Harvest or otherwise collect information about users without their explicit consent or in any way not in accordance with these Terms and applicable law, in particular but not limited to data protection and/or privacy legislation.
2. You will at all times treat as confidential any information personally (i.e. not publicly shared) received through the use of the Platform and especially from fellow users (Supporters and Experience Providers) as well as from LivXP itself and its representatives. You will not disclose this information to anyone without obtaining the prior written consent from the concerned (legal or natural) person.
3. You will be responsible and fully liable toward LivXP for any misuse or abuse of the Platform, including any violation of a fair play behaviour as LivXP shall assess at its sole discretion and the consequences thereof.

7. Limitation of Liability and Indemnification

1. Except in cases of gross negligence or wilful misconduct, LivXP's liability is disclaimed to the fullest extent permitted by law, unless expressly provided otherwise in these Terms. In particular, LivXP shall not be held liable for any damages occurring through the relationships between users of the Platform nor for any changes in currency exchange rates during the time LivXP has legal or factual custody over any sums of money.
2. You shall in particular indemnify, hold harmless and defend LivXP for any losses, liabilities and/or claims arising from:
   1. Your breach of these Terms;
   2. Claims by third parties for damages caused by you through your use of the Platform;
   3. Claims by third parties for infringement of intellectual property rights, including any image rights or name rights, caused by you through your use of the Platform including but not limited to any consequence of your (as a Supporter) acquisition of an Experience.

8. Data Protection

1. You hereby instruct LivXP to process your personal data to the extent necessary for the performance of these Terms. You may find detailed rules regarding LivXP's privacy practices in our Privacy Policy
2. You acknowledge that you may receive personal data and information of other Platform users (Supporters and/or Experience Providers) and therefore agree to only use such personal data and information for the purposes that they were provided to you and will at all times refrain from disclosing, selling or in any way sharing this personal data and/or information with third parties for whom it was not expressly intended. You will moreover not use such personal data and/or information for marketing and promotional purposes save for obtaining the data or information subject's prior consent (in text form).

9. Applicable Law and Jurisdiction

1. These Terms and all related documents are governed by, and construed in accordance with, the laws of Switzerland, without regard to the conflict of laws provisions thereof.
2. All disputes relating in any way to the Terms and/or your relationship with LivXP shall fall within the exclusive competence of the courts of the City of Zurich, Switzerland. Should mandatory laws entitle you to file a claim before a foreign court, you hereby agree to conduct such proceeding on an individual basis and waive any participation right you may have in any form of class action.

10. Modification of the Terms

LivXP reserves the right to modify these Terms without prior notice. Notification of modifications shall be provided via the internet, by mail or any other appropriate means. The modified terms shall be deemed to have been accepted as soon as you access the Platform or use any other Platform-related service after they have been published.

11. Contact information

LivXP is a company limited by shares ("AG/SA"), incorporated under the laws of Switzerland, with its seat at LivXP AG, Rue du Valentin 1, 1004 Lausanne, Switzerland, and may be contacted by e-mail at info@livxp.com.