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Terms of Service

Effective Date: December 18, 2025

Welcome to Live Tonight. These Waitlist Terms of Service (“Terms”) govern your participation in the Live Tonight waitlist (“Waitlist”). By joining the Waitlist and submitting your phone number you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not join the Waitlist.

These Terms form a binding legal agreement between you (“you”) and Missing Pixel, LLC (“Live Tonight,” “we,” or “us”).

1. Overview of the Waitlist

The Waitlist allows interested individuals to sign up to receive email updates about the anticipated launch of the Live Tonight service and related announcements. Joining the Waitlist does not guarantee access to the Live Tonight service or features, create an account, establish any ongoing service relationship, or obligate Live Tonight to provide any product or service. We may invite individuals from the Waitlist to join the Live Tonight service at our discretion.

2. Eligibility

You represent that you are at least 18, can enter a binding contract and are not prohibited from receiving electronic communications.

3. SMS/Text Message Consent

By providing your email address, you consent to receive messages regarding the service launch, early access, updates, and promotional information.

4. Privacy and Data Use

Your participation is subject to our Privacy Policy. We may share your information with service providers who support Waitlist operations. We do not share your email address with third parties for their own marketing purposes.

5. License, Intellectual Property, and Use of the Waitlist

All trademarks, logos, branding, text, graphics, designs, and other materials provided through the Waitlist (“Live Tonight Materials”) are owned by Live Tonight or licensed to Live Tonight and are protected by copyright, trademark, and other intellectual property laws.

You may use Live Tonight Materials solely as necessary to participate in the Waitlist.

Nothing in these Terms grants you any ownership interest in or right to use Live Tonight Materials except as expressly permitted.

Restrictions on Use

You agree not to, directly or indirectly:

  • copy, reproduce, modify, distribute, or create derivative works of any Live Tonight Materials;
  • reverse engineer, decompile, or otherwise attempt to access the source code of any Live Tonight systems;
  • interfere with, disrupt, or impair the Waitlist or any related servers or networks;
  • use automated scripts, bots, scrapers, or similar tools to access the Waitlist or collect information;
  • circumvent or interfere with security features or access controls;
  • use the Waitlist for any unlawful, harmful, fraudulent, or misleading purpose;
  • misrepresent your identity or provide inaccurate information; or
  • use any Live Tonight trademark, logo, or branding without prior written permission.

We may suspend or terminate your participation if you violate these restrictions.

6. Disclaimers

The Waitlist and the Live Tonight service are provided “as is” and “as available.” Live Tonight disclaims all warranties to the extent permitted by law.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVE TONIGHT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO:

  • your participation in the Waitlist;
  • your inability to receive communications;
  • unauthorized access to or use of your information; or
  • changes, interruptions, or discontinuation of the Waitlist.

8. Indemnification

You agree to indemnify Live Tonight for claims arising from your participation or your breach of these Terms.

9. Termination

You may withdraw from the Waitlist at any time. We may suspend or terminate participation without notice. Sections that logically survive termination continue to apply.

10. Changes to These Terms

We may update these Terms at any time.

11. Dispute Resolution and Arbitration Agreement

Arbitration and Governing Law.

To the fullest extent permitted by applicable law, and except for individuals residing in any jurisdiction where arbitration agreements are legally prohibited, any dispute, claim, or controversy between you and the Company that arises out of or relates to these Terms of Use or your use of the Service shall be resolved exclusively through binding individual arbitration administered by National Arbitration and Mediation (“NAM”).

Individual Proceedings Only

Whether a dispute is brought in arbitration or, where permitted, in small-claims court, you may bring claims only in your individual capacity.

Under no circumstances may you initiate or participate in any:

  • class action,
  • class arbitration,
  • collective or representative action, or
  • other proceeding in which claims are brought or resolved on behalf of others.

Small-Claims Court Exception

You may elect to pursue an individual claim in a small-claims court of competent jurisdiction instead of arbitration. This is the sole exception to the exclusivity of arbitration.

Agreement to Arbitrate / Waiver of Court Rights

By accessing or using the Service in any way, you agree to this arbitration agreement.

Accordingly:

  • YOU WAIVE YOUR RIGHT TO FILE A LAWSUIT IN COURT (except for claims eligible for small-claims court).
  • YOU WAIVE ANY RIGHT TO A JURY TRIAL.
  • A neutral arbitrator, rather than a judge or jury, will decide your rights.
  • The arbitrator may award the same remedies a court could award, but the process is typically more streamlined and informal.

Enforcement of Arbitration Awards

Any action to enforce, confirm, modify, or vacate an arbitration award may be brought in any court with jurisdiction. Judicial review of arbitration decisions is permitted only on the narrow grounds provided under the Federal Arbitration Act.

If Arbitration Agreement Is Found Unenforceable

If, for any reason, a court determines that this arbitration agreement cannot be enforced for a particular dispute, then:

  • such dispute may be brought only in the state or federal courts located in the State of Texas, and
  • YOU IRREVOCABLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THOSE COURTS, and
  • YOU WAIVE ANY RIGHT TO A JURY TRIAL in such proceedings.

Governing Law

These Terms of Use and any dispute between you and the Company shall be governed by the laws of the State of Texas, excluding its conflict-of-law principles.

The arbitration agreement itself is governed by the Federal Arbitration Act, which preempts state law to the extent of any conflict.

For users in jurisdictions where arbitration agreements are not legally permitted, the laws of the State of Texas (excluding Texas’s conflict-of-laws rules) will apply, and any disputes must be brought exclusively in the state or federal courts located in the State of Texas, to which you and the Company consent.

12. Contact Information

Missing Pixel, LLC

support@joinlivetonight.com

© 2025 Missing Pixel, LLC
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