1.1. The use of www.livedinner.tv (hereinafter – the Website), software, filming equipment, data provision and services provided to you on the Website and at restaurants (hereinafter all these referred as the Services) is subject to the following terms and conditions applicable to you (as natural and legal persons) and Livedinner (hereinafter – the Agreement).
1.2. Livedinner is UAB „Live dinner“ entity registered in Lithuania, legal entity code 304408511, address Olimpiečių St. 15-1, Vilnius, data whereof is kept and filed with the Register of Legal Entities of the Republic of Lithuania.
1.3. The Agreement has the following parts:
1.3.1. The present Terms and conditions of use of Livedinner services; and
1.3.2. Livedinner rules on personal data protection.
1.4. The Agreement is a legally binding document between you and www.livedinner.tv on the use of the Services.
2. Obligations under the Agreement
2.1. The terms and conditions of the Agreement shall be binding upon you and all other users of the Services, including users participating in broadcasts or presenting their comments.
2.2. In order to be given access to the Services you shall agree to respect the terms and conditions of the Agreement. If you do not wish to make this undertaking to respect the Agreement, no access to the Services may be provided.
2.3. Your undertaking to respect the terms and conditions of the Agreement is confirmed at the time of registration on the Website. Moreover, any other individuals who have used the Services even without registration on the Website undertake to respect the Agreement. With this you confirm that you have understood and agree to undertake to respect the Agreement from the moment of registration on the Website or after using the Services (whichever is the earlier).
2.4. Persons younger than 14 years or persons without legal capacity shall have no right of access to the Service or no right to undertake to respect the Terms and Conditions.
2.5. Restaurants (legal persons having concluded individual agreements with Livedinner) shall get themselves registered on the Website by means of creating personal accounts on the Website (hereinafter – Restaurants’ accounts).
3. Your account on the Website
3.1. Registration on the Website is possible through your personal Livedinner account which you may create by using any of your accounts already existing on other social networks and indicated on the Website.
3.2. When registering you may choose to create an independent personal account on the Website.
3.3. By creating an account accurate and complete information about yourself shall be provided. Please retain your password and do not disclose it to anybody.
3.4. You shall be personally responsible that the data filled in the registration form is truthful, accurate and complete. In the event of change in the data given in your registration form it shall be updated without any undue delay. In the event of failure to update the registration data, you shall be personally liable for any improper discharge of your obligations.
3.5. In the event of learning of security breaches of your account or unauthorised use thereof, you shall immediately notify Livedinner thereof.
3.6. It is the obligation of Livedinner to secure protection of your personal information.
3.7. You shall be held personally liable for any actions (against Livedinner and other persons) committed through your Livedinner account.
3.8. Please bear in mind that you will be held liable for any actions committed by unregistered visitors on the Website who are participating in Livedinner broadcasts initiated through your account. You shall be held fully liable for any losses and expenses incurred by Livedinner and indemnify Livedinner for all the claims in relation to the use of personal data and/or images during broadcasts lodged by unregistered visitors on the Website who participated in Livedinner broadcasts through your account.
3.9. Restaurant shall be liable for any actions committed through their Restaurant’s account on the Website.
3.10. The Website and accounts shall be accessible 24/7, but Livedinner shall not be held liable if the Website and accounts become inaccessible in any jurisdiction at any point in time due to circumstances beyond or within Livedinner’s control.
4. The rules of operation and limitation thereto
4.1. You are hereby obliged not to use and not to launch any automatic systems having access to the Website (including, but not limited to, robots, search engines or readers working in off-line mode) in such a way which would send more inquiries to the Livedinner servers within a certain period of time than could be normally sent by any person using a publicly available standard (i.e. not modified) browser.
4.2. You are hereby obliged not to collect and not to accumulate personal data of Service users.
4.3. You shall have no right to copy, reproduce, distribute, broadcast, show, sell, license or use otherwise the contents of broadcasts and commentaries for any purposes without a prior written consent by Livedinner.
4.4. While using the Website, you are obliged to follow principles of decent and moral behaviour, not instigate hatred, war, aggression, discrimination on any grounds, not to use swear words or other words, gestures or actions unacceptable in the public space.
4.5. You undertake not to upload onto the Website and not to show during broadcasts any contents containing material you or Livedinner do not have authorisation to broadcast, use or have at your disposal.
4.6. Moreover, you agree and acknowledge that by using the Services you may come across contents which are in principle imprecise, insulting, indecent or otherwise unacceptable for you and which do not comply with the terms and conditions of the Agreement. You understand and agree that the full responsibility for such contents lies with the person uploading or creating them, but not with Livedinner, and that you shall be liable for any claims lodged against Livedinner in respect of such contents.
4.7. You undertake to ensure that all contents uploaded by you onto the Website and/or broadcast or dubbed during the broadcasts do not contain any material which is subject to copyright or intellectual property rights by third parties (including the right to privacy, image and name), save for the cases where you hold a licence issued by the righteous owner thereof or an authorisation to use such contents.
4.8. You undertake to immediately notify Livedinner abut any unlawful and unauthorised contents on the Website.
4.9. You undertake to make reservations of the broadcasting time on the Website only when you are intending to make broadcast on the indicated time and immediately cancel the reservation on the Website as soon as it becomes clear that you will not be able to use the reservation.
4.10. You undertake to start and finish Livedinner broadcasts at the time indicated in the reservation and free up Livedinner’s table for participants of the next broadcast.
4.11. You undertake to respect the internal rules of the restaurant and to do as instructed by the restaurant’s staff in relation to your actions with regard to the Livedinner’s table and the broadcast.
4.12. You undertake not to connect to the Website and its contents aided by any technologies or tools, save for the tools intended for that purpose and developed by the Website itself.
4.13. You undertake not to circumvent, not to avoid or disconnect (as well as not to attempt to do any of the above) from any security-related functions or functions which do not allow copying the Website’s content.
4.14. You undertake not to use Livedinner Services for any commercial purposes without a prior written consent of Livedinner.
5. The right to image and personal data
5.1. Herewith you are extending an irrevocable right to Livedinner during Livedinner broadcasts to take photos, make video and audio recordings of yourself during broadcasts, to reproduce in any form and method the recording, sell, demonstrate, print, modify, including editing, of photographs, video and audio recordings containing your image or voice and other personal data captured during broadcasts.
5.2. You are extending to Livedinner an irrevocable right to broadcast your image and voice on-line or by other means free of charge, to reproduce, sell, demonstrate, print or otherwise make public (including on the Internet) of your image and voice and any other personal data captured during broadcasts, including advertisements or announcements of such broadcasts of Livedinner itself or its Website; to use and process personal data in the manner prescribed by the laws for the purpose of preparations for the broadcasts, filing and reproduction (including on the Internet).
5.3. You herewith irrevocably agree that Livedinner broadcasts with your image, voice and other personal data captured during broadcasts would be publicly available for watching live and review later and for commenting by registered users of the Website.
5.4. You herewith irrevocably agree that registered Website users during Livedinner broadcasts shall have the right and possibility to ask questions to you during live broadcasts.
5.5. You herewith irrevocably agree that Livedinner broadcasts containing your image, voice and other personal data captured during the broadcasts would be publicly available for review by third parties using browsing services on the Internet.
6.2. Livedinner shall be exempt from liability for any remarks, footages, thoughts, messages, opinions, viewpoints, promises, proposals, etc. conveyed during Livedinner broadcasts, because a full personal liability thereof, without any reservations, shall be assumed by participants of the broadcast registered on the Website.
6.3. Livedinner shall be exempt from any liability arising out of comments and questions posted on the Website by the visitors thereto, for any images, thoughts, messages, opinions, viewpoints, promises, proposals, etc. conveyed during Livedinner broadcasts, because a full personal liability thereof, without any reservations, shall be assumed by authors of such comments and questions registered on the Website.
6.4. Livedinner shall be exempt from liability for the use of reservations made on the Website, because a full personal responsibility thereof, without any reservations, shall be assumed by persons registered on the Website who have made these reservations.
6.5. Livedinner shall be exempt from liability for the behaviour of participants during broadcasts in restaurants, because a full personal responsibility thereof, without any reservations, shall be assumed by participants of the broadcast.
6.6. Livedinner shall be exempt from liability for misrepresentations of information published on the Website, because a full personal responsibility thereof, without any reservations, shall be assumed by restaurants which published such information on the Website.
6.7. Livedinner shall be exempt from liability for:
6.7.1. Any potential losses you may incur as a result of unearned income or lost profit, business reputation, lost opportunities and data, or default payment claimed from you by third parties;
6.7.2. Losses or damage which may occur as a result of your trust in completeness and accuracy of the advertisements made available on the Website or as a result of your relationship or transaction with any advertiser on the Website;
6.7.3. Any changes in the Services or for definitive termination or temporary suspension of Service provision (or part thereof);
6.7.4. Deletion, destruction or loss of any of your comments or broadcasts in which you participated;
6.7.5. Your failure to submit accurate data upon registration on the Website;
6.7.6. Your failure to preserve your password or security and safety of your personal account data.
7. Amendments to the agreement
7.1. Livedinner shall have the right to unilaterally amend the terms and conditions of this Agreement, update Services, terminate provision of Services or close the Website at any point in time.
7.2. Notifications about amendments to the terms and conditions of the Agreement shall be published on the Website. Your disagreement to respect all the terms and conditions of the amended Agreement shall immediately terminate your right of access to the Services and you shall immediately stop using them. Any continued use of the Services following the publication of the amendment to the terms and conditions of the Agreement shall be interpreted as your undertaking to respect all the terms and conditions of the amended Agreement.
8. General provisions
8.1. You herewith agree to receive notifications from Livedinner by e-mail, ordinary mail or through Website, including any notifications about amendments to the terms and conditions of the Agreement, which may be published on the Website.
8.2. The law applicable to the Agreement and your relations is the law of the Republic of Lithuania. Any disputes involving you shall be solved during peaceful negotiations. Where no agreement is reached, the dispute shall be solved in a relevant court having jurisdiction over the registered seat of Livedinner in the Republic of Lithuania.
8.3. You herewith agree that Livedinner shall enjoy the right to apply for interim measures in any other jurisdiction (or for any urgent legal remedies).