LIV interactive

Terms and Conditions

LIVINTERACTIVE.COM SERVICE USER AGREEMENT

1. Welcome to LIVinteractive.com (LIV). By using this Service, you agree to be bound by all of the terms of this Agreement (the “User Agreement”). We reserve the right to change the terms of this User Agreement or to modify any features of this Service at any time without notice to you, and you agree to be bound by such changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted. We have the most current version posted at livintetractive.com and can be viewed anytime. Your use of this Service constitutes your agreement to all such terms, conditions and policies. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Service, shall be subject to this User Agreement.

2. LIV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LIV shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

3. This Service (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the Canada and other countries, and of course LIV (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements from it’s contributors and their rightful companies and privacy policies) has rights therein. All individual articles, videos, content and other elements comprising this Service are also copyrighted works of each contributor, and LIV (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. You must abide by all additional copyright notices or restrictions contained in this Service. By posting or submitting content on or to the Service (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving LIV, and its affiliates and or partners as well as any contributors, agents and third party contractors the right to display or publish such content on the Service and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. You understand and agree that LIV may, or may permit users and/or contributors as well as third party contractors and partners to, based solely on functionality provided and enabled by the LIV website, compile, re-edit, adapt or modify your video submission, or create derivative works.

You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions either as a contributor to article content or a user submitting a comment, you affirm, represent, and/or warrant that:

  • (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize LIV to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by LIV and this User Agreement; and
  • (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by LIV and this User Agreement.

    • In furtherance of the foregoing, you agree that you will not:

  • (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant LIV all of the rights granted herein;
  • (ii) publish falsehoods or misrepresentations that could damage LIV or any third party;
  • (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.

    • *LIV reserves the right to remove or not publish submissions without prior notice.

    4. If you are a copyright owner or agent thereof and believe that User Content infringes upon your copyright, please submit notice, to our Copyright Specialist with the following information:

  • (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

  • (ii) a description of the copyrighted work that you claim has been infringed;

  • (iii) the URL of the location containing the material that you claim is infringing;

  • (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Specialist can be reached as follows: Attn: Copyright Specialist at LIV interactive | By email: copyright@livinteractive.com

    • *Please note that attachments cannot be accepted at the above listed email address for security reasons.

    5. (a) Unless expressly permitted by the posting contributor or from LIV, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, its content, posts or anything else considered part of LIV, except as permitted under the last sentence of this Section 5(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 5(a)), you may not distribute any part of this Service over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. You must give the original author credit and such use must be for a non-commercial purpose only and not, for example, for re-sale.

    6. You agree to indemnify and hold harmless LIV and its contributors and/or partners and affiliates, which includes all owners, employees and contract employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

    7. This service is available “as is.” we do not warrant that this service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through this service. We do not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to this service or any information or goods that are available or advertised or sold through this service. This service may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data, stock quotes or other information created by LIV or by third-parties and by the contributors who may post content in the voice of their own. Due to the number of sources from which content in this service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including the market data, is for your reference only and should not be relied upon by you for any purpose. Information created by third parties that you may access on the service or through links is not adopted or endorsed by LIV and remains the responsibility of such third parties.

    WORDPRESS TERMS OF SERVICE: http://en.wordpress.com/tos/

    The following terms and conditions govern all use of the WordPress.com website and all content, services and products available at or through the website, including, but not limited to, the WordPress.com VIP hosting service (“VIP Service”), (taken together, the Website). The Website is owned and operated by Automattic, Inc. (“Automattic”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Automattic’s Privacy Policy) and procedures that may be published from time to time on this Site by Automattic (collectively, the “Agreement”).

    Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Automattic, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

    Your WordPress.com Account and Site. If you create a blog on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Automattic may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Automattic liability. You must immediately notify Automattic of any unauthorized uses of your blog, your account or any other breaches of security. Automattic will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

    Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Automattic or otherwise.

    • By submitting Content to Automattic for inclusion on your Website, you grant Automattic a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Automattic will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Automattic has the right (though not the obligation) to, in Automattic’s sole discretion (i) refuse or remove any content that, in Automattic’s reasonable opinion, violates any Automattic policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Automattic’s sole discretion. Automattic will have no obligation to provide a refund of any amounts previously paid.

    Fees and Payment. Optional premium paid services such as extra storage, domain purchases or VIP hosting are available on the Website. By selecting a premium service you agree to pay Automattic the monthly or annual subscription fees indicated for that service (the payment terms for VIP hosting are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

    VIP Services.
    Fees; Payment. By signing up for a VIP Services account you agree to pay Automattic the setup fees and monthly hosting fees indicated at http://wordpress.com/vip-hosting/ in exchange for the services listed at http://wordpress.com/vip-hosting/. Applicable fees will be invoiced starting from the day your VIP Services are established and in advance of using such services. Automattic reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. VIP Services can be canceled by you at anytime on 30 days written notice to Automattic.

    Support. VIP Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Automattic to respond within one business day) concerning the use of the VIP Services. “Priority” means that support for VIP Services customers takes priority over support for users of the standard, free WordPress.com blogging services. All VIP Services support will be provided in accordance with Automattic standard VIP Services practices, procedures and policies.

    Responsibility of Website Visitors. Automattic has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Automattic does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Automattic disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

    Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WordPress.com links, and that link to WordPress.com. Automattic does not have any control over those non-WordPress websites and webpages, and is not responsible for their contents or their use. By linking to a non-WordPress website or webpage, Automattic does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Automattic disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.

    Copyright Infringement and DMCA Policy. As Automattic asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WordPress.com violates your copyright, you are encouraged to notify Automattic in accordance with Automattic’s Digital Millennium Copyright Act (”DMCA”) Policy. Automattic will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Automattic or others, Automattic may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Automattic will have no obligation to provide a refund of any amounts previously paid to Automattic.

    Intellectual Property. This Agreement does not transfer from Automattic to you any Automattic or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Automattic. Automattic, WordPress, WordPress.com, the WordPress.com logo, and all other trademarks, service marks, graphics and logos used in connection with WordPress.com, or the Website are trademarks or registered trademarks of Automattic or Automattic’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Automattic or third-party trademarks.

    Changes. Automattic reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Automattic may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

    Termination. Automattic may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WordPress.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Automattic if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Automattic’s notice to you thereof; provided that, Automattic can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    Disclaimer of Warranties. The Website is provided “as is”. Automattic and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Automattic nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

    Limitation of Liability. In no event will Automattic, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages;

  • (ii) the cost of procurement or substitute products or services;
  • (iii) for interruption of use or loss or corruption of data; or
  • (iv) for any amounts that exceed the fees paid by you to Automattic under this agreement during the twelve (12) month period prior to the cause of action. Automattic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

    • General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Automattic Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

    Indemnification. You agree to indemnify and hold harmless Automattic, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

    Miscellaneous. This Agreement constitutes the entire agreement between Automattic and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Automattic, or by the posting by Automattic of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation.

    Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

    We are not responsible for the availability or content of other services that may be linked to this Service. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that LIV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

    10. LIV and its contributors and/or partners and affiliates, which includes all owners, employees and contract employees are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.

    11. This Agreement may be terminated by either party for any reason at any time.

    12. BY CONTINUING TO USE THE SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.