Terms and Conditions for Users
Please read these Terms and Conditions carefully (the "Terms and Conditions", the ”Terms”). These Terms and Conditions govern and apply to the access and use of the online platform https://www.livelisteners.com/ (the “Platform”, “Livelisteners”), the services available through the Platform and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Platform (collectively referred to as the "Content”).
Livelisteners is offered to you (“you”, “your”, “User(s)”) by Double 4 Live Entertainment (the "Company"), incorporated in Romania, and whose principal office is located at 273, Splaiul Independentei, 3rd floor, Bucharest.
When the terms "we", "us", "our" or similar are used in these Terms and Conditions, they refer to any company that owns and operates the Platform, its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees, and successors of the aforementioned companies.
By accessing or using the Platform, you agree to comply with and to be bound by all the terms and conditions described in these Terms. If you do not agree to be bound to any term of these Terms and Conditions, you must refrain from signing up to the Platform, you must stop making any use of the Platform and you should not access the Platform.
THE LISTENER SERVICES
Our Platform enables you to communicate with a Therapist, consultant, practitioner, professional adviser or any other person (collectively the "Therapist") for the purpose of getting counselling, information, advice or any other input, benefit or service (collectively the "Therapist Services"), as well as with a Confidant, a non-professional adviser, or any other person (collectively the “Confidant”) for the purpose of getting listened to, advised, counselled in an non-professional manner or getting any other input, benefit or service (collectively the "Confidant Services”).
In these Terms and Conditions, or any other legal document, as well as on the Platform and its Content, we will be referring to Therapists and Confidants collectively as the “Listeners”. You acknowledge, confirm, and agree that the Listeners are neither our employees nor agents nor representatives. Moreover, we assume no responsibility for any act, omission or doing of any Listener.
Livelisteners makes no representation or warranty whatsoever as to:
- the willingness or ability of any Listener to listen.
- the willingness or ability of any Listener to give advice.
- whether the User shall find a Listener’s act of listening useful or satisfactory.
- whether the User shall find a Listener’s advice relevant, accurate or satisfactory.
- whether the Listener’s act of listening will be useful.
- whether the Listener’s advice will be responsive or relevant to the User’s question.
- whether the Listener’s advice will otherwise be suitable to the User’s needs.
We do not control the quality of the Therapist or Confidant Services and we do not determine whether any Therapist or Confidant is qualified to provide any specific service.
While we may try to do so from time to time, in our sole discretion, you acknowledge and agree that we do not represent to verify, and cannot legally guarantee the verification of the skills, degrees, qualifications, certification and/or licensure, credentials, competence or background of any Therapist or Confidant, as documents may be presented to Livelisteners. It is your responsibility to conduct independent verification regarding any Therapist that provides you with Therapist Services or regarding any Confidant that provides you with Confidant Services (whether through the Platform or not). Also, we strongly recommend that you will conduct this verification prior to communicating with any Therapist or Confidant through the Platform and on a continuous basis as you use the Platform.
You also acknowledge and agree that you take full responsibility for the decision to access a Listener through the Platform and to continue to interact with the Listener, and that the role of Livelisteners is strictly limited to providing access to such Listeners for your consideration.
Your relationship relating to the Therapist or Confidant Services is strictly with the Therapist or the Confidant. We are not involved with the actual substance of that relationship or any part of the Therapist or Confidant Services (whether provided through the Platform or not). LIVELISTENERS DOES NOT VALIDATE OR CONTROL ANY OF THE THERAPIST OR CONFIDANT PROVIDED COUNSELING.
In case you make a payment through the Platform, or make any payment to us, this payment is made to the Therapist for the Therapist Services or to the Confidant for the Confidant Services. We may charge the Therapist or Confidant by taking a portion of this payment for the use and operation of the Platform. However, we will not be deemed as the Therapist of any Therapist Services or as the Confidant of any Confidant Services regardless of payment. Furthermore, the payment for the use of the Platform is made by the Therapist or Confidant, and not by you.
USE OF THE PLATFORM
You acknowledge, confirm, and agree that although the Therapists may provide the Therapist Services or the Confidant may provide Confidant Services through the Platform, we cannot assess whether the use of both Therapist and Confidant Services, or the Platform is right and suitable for your needs.
NONE OF THE PLATFORM CONTENT REPRESENTS OR WARRANTS THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE OR EFECTIVE FOR YOU. WITHOUT LIMITATION, LIVELISTENERS DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PROVIDERRS, MEDICATION, PRODUCTS OR PROCEDURES.
THE PLATFORM DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES BY US.
As operators of the Platform, our role is strictly limited to facilitating the communication between you and the Therapist or Confidant and to enable the provision of the Therapist or Confidant Services. It is up to you to consider and decide whether these services are appropriate for you or not.
You acknowledge, confirm, and agree that you are aware of the fact that in some cases, the care offered through the Therapist or Confidant Services may not be a full and complete substitute for a face-to-face examination and/or session by a licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the Therapist or Confidant Services. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare therapist, or by face-to-face appointment, because of information or advice you received through the Platform.
THE PLATFORM IS NOT INTENDED FOR DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLAFORM.
You are advised to exercise a high level of care and caution in the use of the Platform and the Therapist or Confidant Services. LIVELISTENERS DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY LISTENERS. FURTHERMORE, LIVELISTENERS WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY USER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.
YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AVAILABLE IN YOUR COUNTRY OF RESIDENCE AND NOTIFY THE RELEVANT AUTHORITIES IF:
- YOU ARE THINKING ABOUT SUICIDE.
- YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS.
- YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN DANGER.
- YOU HAVE ANY MEDICAL EMERGENCY.
YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT USE THE PLATFORM IN ANY OF THE AFOREMENTIONED CASES.
DISCLAIMERS OF WARRANTY
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE THERAPIST AND CONFIDANT SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY MENTAL HEALTH PROFESSIONAL WHO MAY BE ACCESSED THROUGH THE PLATFORM.
YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT WE DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIM ALL REPRESENTATION AND WARRANTIES, WITH RESPECT TO:
- ANY THERAPIST OR CONFIDANT.
- ANY INFORMATION ABOUT ANY THERAPIST OR CONFIDANT INCLUDING WITHOUT LIMITATION ANY QUALIFICATIONS, EXPERTISE, CLAIMES OR BACKGROUND OF ANY PROVIDER.
- THE THERAPIST OR CONFIDANT SERVICES (WHETHER THROUGH THE PLATFORM OR NOT) INCLUDING WITHOUT LIMITATION ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A THERAPIST OR CONFIDANT.
- THE CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE THERAPIST OR CONFIDANT SERVICES.
- ANY OTHER CONTENT OR INFORMATION POSTED ON THE PLATFORM OR THROUGH THE PLATFORM.
- THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACY, QUALITY OR APPLICABILITY OF THE PLATFORM AND THE THERAPIST OR CONFIDANT SERVICES. ACCESS TO THE PLATFORM AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIVELISTENERS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ANY SESSION WITH A LISTENER VIA THE PLATFORM CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE LISTENERS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT YOUR FULL AND SOLE RISK AND LIABILITY.
WE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR:
- THE ACCURACY OR AVAILABILITY OF THE PLATFORM OR ANY PART OF THE PLATFORM.
- ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE PLATFORM, THE THERAPISTS AND CONFIDANTS, OR THE THERAPIST AND CONFIDANT SERVICES.
WITHOUT LIMITING THE FOREGOING, LIVELISTENERS DOES NOT WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES LIVELISTENERS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE PLATFORM OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE PLATFORM OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE PLATFORM CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. LIVELISTENERS CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE PLATFORM.
In the event of a dispute regarding any transaction conducted via the Platform, you hereby relieve us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses (including, without limitation, court costs and attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against us, to the extent that such claim, suit, action or other proceeding is based on or arises from:
- your provision of these Terms and Conditions to any third party, regardless of whether they are Listeners registered on the Platform.
- any materials that you have posted to or through the Platform and/or any content provided by you to Listeners.
LIMITATION OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH THE PLATFORM OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PLATFORM. UNDER NO CIRCUMSTANCES SHALL LIVELISTENERS, ITS THERAPISTS AND CONFIDANTS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AGENTS OR ANY THIRD PARTY WHO PROMOTES THE PLATFORM, OR PROVIDES YOU WITH A LINK TO THE PLATFORM BE LIABLE IN ANY WAY FOR YOUR USE OF THE PLATFORM OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL LIVELISTENERS, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AGENTS OR ANY THIRD PARTY WHO PROMOTES THE PLATFORM OR PROVIDES YOU WITH A LINK TO THE PLATFORM, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF LIVELISTENERS OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER ACKNOWLEDGE, CONFIRM AND AGREE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THESE TERMS, OR ANY AND ALL USE OF THE PLATFORM IS LIMITED TO THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM TO USE THE SERVICES.
We explicitly disclaim any liability with respect to any claim, suit or action made by a Listener. You agree to indemnify, defend, and hold us harmless with respect to any such claim. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
All the content available on or through the Platform is the property of Livelisteners or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Platform to any third party. All software and accompanying documentation made available for download from the Platform is the copyrighted work of Livelisteners or its licensors. Any copy made of information obtained through the Platform must include all applicable copyright notices.
"Livelisteners" is a copyright term. All rights reserved. Livelisteners hereby grants you a limited, revocable, non-transferable, and non-exclusive license to use the content and documentation on and in the Platform to the extent, and only to the extent, necessary to access and use the Platform.
The license granted herein does not permit you, and you agree not to:
- modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Platform or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Platform.
- transfer, distribute, sell, lease, rent, disclose or provide access to the Platform to any third party or use the Platform.
YOUR ACCEPTABLE CONDUCT AND COMMITMENTS
You hereby confirm that you are at least 18 years old of age.
You hereby confirm that you are legally able to enter a contract.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current, and complete. Furthermore, you agree that during the term of these Terms and Conditions you will make sure to maintain and update this information so it will continue to be accurate, current, and complete.
You understand, confirm, and agree that you are responsible for maintaining the confidentiality of your password and any other security information related to your account. We advise you to change your password frequently and to take extra care in safeguarding your password.
You acknowledge, confirm, and agree that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You acknowledge, confirm, and agree that you are solely and fully liable and responsible for all activities that are made by using the Platform. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your password or other security information related to your account by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You acknowledge, confirm, and agree that your use of the Platform, including the Therapist or Confidant Services, are for your own personal use only and that you are not using neither the Platform nor the Therapist or Confidant Services for or behalf of any other person.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks, or infrastructure, or any of the Platform's systems, services, servers, networks, or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You acknowledge, confirm, and agree not to access or use the Platform in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms and Conditions.
You shall not post, use, store or transmit:
- a message or information under a false name.
- information that is unlawful, libellous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person.
- information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.
- any content that may cause damage to a third party.
- any content which may constitute, cause or encourage a criminal action, or violate any applicable law.
- malicious software or code.
You shall not attempt to disrupt the operation of the Platform by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. You shall not use the Platform in any manner that could damage, disable, or impair the Platform. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper, or other means to access the Platform for any purpose. Livelisteners is under no obligation to respond to messages posted on the Platform. You are solely responsible for the information or material you post on the Platform.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation, or ethical code in relation to your use of the Platform and your relationship with the Therapists or Listeners and us.
If you receive any file from us, or from a Therapist or Confidant, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following:
- your access to or use of the Platform.
- any actions made with your account or your password and any other security information related to your account whether by you or by someone else.
- your violation of any of the provisions of these Terms.
- your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
INTERRUPTIONS, DISRUPTIONS AND TERMINATION
You agree, confirm, and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all Users or to you specifically, at any time, with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
For the removal of any doubt, we may terminate or prevent your use of the Platform and any services provided by Listeners through the Platform (including but not limited to Therapist or Confidant Services) at our sole discretion for any reason and for any period of time.
The Platform depends on various factors such as software, hardware, and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.
We may freely transfer and assign these Terms and Conditions or any of their obligations hereunder.
ABOUT THESE TERMS
THESE TERMS AND CONDITIONS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
We may change these Terms and Conditions by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the Terms and Conditions frequently. By using the Platform after the changes become effective, you agree to be bound by such changes to the Terms and Conditions. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
We may freely transfer and assign these Terms and Conditions or any of their obligations hereunder.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions will remain in full force and effect.
All clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of these Terms and Conditions.