|
1. How to Enter Into an Agreement with LiveAnew.
A. By using and/or visiting this website (including all information on the LiveAnew domain name and any and all LiveAnew websites), you are expressing your agreement to: (1) these terms and conditions (the “Terms of Use”), (2) LiveAnew’s Privacy Notice incorporated herein and made a part hereof, found at: Privacy Notice
If you do not agree to any of these Terms of Use, the LiveAnew Privacy Notice, or the LiveAnew’s Guidelines, please do not use the LiveAnew website.
B. You should periodically review the most up-to-date version. LiveAnew may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree that with each visit that you make to the LiveAnew website, you shall be subject to the current Guidelines, including all modifications and revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
C. These Terms of Use apply to all users of the LiveAnew website, including any users who might be contributors of data content, information, and other materials or services on the website. The LiveAnew website includes all aspects of LiveAnew, including all LiveAnew owned domains and all websites showing LiveAnew.
D. The LiveAnew website contains links to third party websites that are not owned or controlled by LiveAnew. LiveAnew has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, LiveAnew will not and cannot censor or edit the content of any third-party site. By using the LiveAnew website, you expressly release LiveAnew from any and all liability arising from your use of any third-party website. Please read the Terms, Conditions and Privacy Policy of the other websites that you visit.
E. In order to use this website, you may have to provide some information. LiveAnew will not be liable for any damages suffered by you or a third party caused by the provision of inaccurate information.
2. Consent and Restrictions.
LiveAnew hereby consents to your access and use of the LiveAnew website as set forth in these Terms of Use, provided that:
A. You agree not to distribute in any medium any part of the website without LiveAnew’s prior written authorization.
B. You agree not to alter or modify any part of the website.
C. You agree not to access LiveAnew’s content through any technology or means other than the website itself, or other explicitly authorized means LiveAnew may designate.
D. You agree not to use the website for any commercial use, without the prior written authorization of LiveAnew. Prohibited commercial uses including any of the following actions taken without LiveAnew’s approval:
• Sale of access to the website or its related services on another website;
• Use of the website or its related services for the primary purpose of gaining advertising or subscription revenue;
• And any use of the website or its related services that LiveAnew finds, in its sole discretion, uses LiveAnew’s resources with the effect of competing with or displacing the market for LiveAnew or LiveAnew content.
E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that sends an unreasonable amount of messages to the LiveAnew servers. Notwithstanding the foregoing, LiveAnew grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. LiveAnew reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website with respect to their User Submissions.
F. You will otherwise comply with the terms and conditions of these Terms of Use, LiveAnew Guidelines, and all applicable local, national, and international laws and regulations.
G. LiveAnew reserves the right to discontinue any aspect of the LiveAnew website at any time.
3. Restrictions and Conditions on Content.
In addition to the general restrictions above, the following restrictions and conditions apply to your use of content on the LiveAnew website:
A. The content on the LiveAnew website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to LiveAnew, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of LiveAnew. LiveAnew reserves all rights not expressly granted in and to the website and the Content.
B. LiveAnew is an information portal, introducing you to a variety of activities and experiences. LiveAnew is not liable for any damages, losses, injuries or death as a result of you taking an interest in, booking or taking part in any of the activities or experiences that you are introduced to. You should realize and understand that some of the activities that you may be introduced to are dangerous activities that should not be engaged in without professional instruction and/or supervision. Some activities should not be engaged in at all depending on the health and physical ability of the participant. You understand that you are assuming the risk of any loss or injury as a result of your taking an interest in, booking or taking part in any of the activities or experiences that you are introduced to. By accessing and using the LiveAnew website, you agree to defend, indemnify and hold harmless LiveAnew, its officers, directors, employees and agents from and against any and all claims, damages, injuries, obligations, losses, liabilities, costs or expenses (including, but not limited to attorney’s fees) arising from your taking an interest in, booking or taking part in any of the activities or experiences that you are introduced to.
4. Termination Policy.
LiveAnew will terminate a User’s access to its website if, in its sole discretion, it determines that the user has engaged in non-compliance with these Terms of Use and the Guidelines adopted therein.
5. Disclaimer of Warranty.
The materials and information you find on the LiveAnew website are provided “as is”, without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the LiveAnew website and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or noninfringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. All efforts will be used to maintain the site but you should not assume that it is error-free. LiveAnew is not responsible for the results of any defects that may be found to exist in the site or any lost profits or any other damages or injuries whatsoever that may result from such defects.
LIVEANEW DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY IN CONNECTION WITH THE LIVEANEW WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY WAY.
6. Limitation of Liability.
Neither LiveAnew nor its officers, directors, employees, or agents shall be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your access to and use of the LiveAnew website. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that LiveAnew is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and LiveAnew reserves the right to remove such materials from the LiveAnew website without liability.
7. Indemnification.
By accessing and using the LiveAnew website, you agree to defend, indemnify and hold harmless LiveAnew, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including, but not limited to, attorney’s fees) arising from: (i) your use of and access to the LiveAnew website; (ii) your violation of any terms of these Terms of Use; and (iii) your violation of any third party right, including, without limitation, any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the LiveAnew website.
8. Affirmation of Competence.
The user of this website affirms that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
9. Assignment.
These Terms of Use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LiveAnew without restriction.
10. Governing Law.
The user agrees that these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Missouri.
11. Arbitration and Limitations.
All disputes, claims and questions regarding the rights and obligations of the parties under these Terms of Use are subject to mandatory arbitration. Either party may make a demand for arbitration by filing such demand in writing with the other party within ten (10) days after the party has knowledge that the dispute first arises, but in any event, within one (1) year after the cause of action accrues. The ensuing arbitration shall be governed by the Rules of Commercial Arbitration of the American Arbitration Association.
THE USER AND LIVEANEW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LIVEANEW WEBSITE MUST BE BROUGHT IN COMPLIANCE WITH THE FOREGOING PARAGRAPH AS STRICTLY CONSTRUED. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. Effect of Partial Invalidity.
The invalidity of any part of these Terms of Use will not and shall not be deemed to affect the validity of any other part. In the event that any provision of these Terms of Use is held to be invalid, LiveAnew and the user agree that the remaining terms shall be deemed to be in full force and effect.
13. Modification of Agreement.
LiveAnew reserves the right to amend these Terms of Use at any time without notice. It is your responsibility to review these Terms of Use for changes. Your use of the LiveAnew website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
14. Entire Agreement.
These Terms of Use, together with the Privacy Notice at (put in address) and any other legal notices published by LiveAnew on the website, shall constitute the entire agreement between you and LiveAnew.
GUIDELINES
At LiveAnew we are trying to create a community where you can share unique ideas and plans and where you can invest your strengths, values and passions to seek true prosperity. In order to do so, we trust you to be responsible. By using and/or visiting this website and the community connection area, you are expressing your agreement to abide by these Guidelines.
You May Not
• Post or share any content that infringes upon or violates the copyright, trademarks or other rights of other third parties.
• Attempt or circumvent any content filtering techniques that we may use in the future.
• Post or share pornographic or sexually explicit content.
• Post or share brutal, dangerous, illegal or violent content.
• Make threats, intimidate, bully or harass anyone.
• Post or share unduly negative, defamatory, demeaning, offensive or hateful material.
• Violate any local, state, national or international law or post any content that would encourage or provide instructions for a criminal offense.
• Impersonate any person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
• Use LiveAnew to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation.
• Post or share any personally identifiable, private, compromising or embarrassing information about any person or entity.
• Solicit passwords or private information from anyone, including those under 18.
• Use information or content you obtained on the website or service in any manner not authorized by the Terms of Use.
• Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Engage in any predatory or stalking conduct.
Violations of the Terms of Use of these Guidelines may result in a warning notification or may result in termination of your account and deletion of all your activities. We decide in our sole discretion whether submissions contrary to our policies should result in a warning or termination of your account.
|
