Rules of Conduct
There are a few rules of conduct that you are required to follow when you use the Service:
Do not "harvest" (or collect) information from the Service using an automated software tool or manually on a mass basis. This includes, for example, information about other users of the Service, materials and files contained on the Service, and information about the offerings, products, services and promotions available on the Service.
Do not use automated means to access the Service, or gain unauthorized access to the Service or to any account or computer system connected to the Service.
Do not "stream catch" (download, store or transmit copies of streamed content).
Do not obtain, or attempt to obtain, access to areas of the Service or our systems that are not intended for access by you.
Do not "flood" the Service with requests or otherwise overburden, disrupt or harm the Service or its systems.
Do not circumvent or reverse engineer the Service or its systems.
Do not restrict or inhibit another user or users from using and enjoying the Service.
If you post something to the Service, such as files, comments or other content, do not post anything that:
infringes any third party intellectual property right (such as copyrights),
is defamatory (i.e., something that is negative and untrue about another person or entity),
divulges another person's or entity's confidential or private information or trade secret,
is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
encourages criminal conduct,
advertises or solicits business for products or services other than those that are offered and promoted on the Service, or
contains any virus, malware, spyware or other harmful content or code.
You also must comply with all applicable laws and contractual obligations when you use the Service.
Ownership of Site Content and Submissions
The Service allows you to contribute photographs, pictures, videos, recordings, postings, and other materials and information for access, use, and commentary by other users of the Service. If you submit or post any materials or content to the Service, you grant us and our partners, affiliates, contractors and service providers a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, in connection with our provision of the Service to its users and account holders. You represent that you have the right to grant us these rights.
You acknowledge and agree that material you submit may be transferred by Liveedit.com and its agents, representatives, contractors, and licensees outside of the United States. In addition, you acknowledge and agree that it is your obligation to inform applicable third parties of the processing, including, without limitation, transferring across international borders, of their personal information, such as their name, address, and likeness, in connection with the material submitted, and to obtain any required approvals or consents.
User submissions stored on the Service are stored by Liveedit.com only for permitted temporary online sharing purposes and not for permanent or long-term storage or for temporary archival purposes. Liveedit.com is not obligated maintain back-up copies of any submitted material.
Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.
Responsibility for Public Postings and Content
Responsibility for what is posted in public areas of the Service lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of the Service. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.
Site Registration and Log In
To access certain features or areas of the Service, you may be required to provide personal, company and/or demographic information as part of a registration or log-in process. In addition, certain features of our Service are only available to our registered users, and to access those areas of the Service you will be required to log in using your username and email password.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when the Service are accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
The communications between you and us via the Service use electronic means, whether you visit the Service or send us an email, or whether we post notices on the Service or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Copyright Infringement Notices
Changes to This Site
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Service or any portion of the Service. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension or Termination of Access
We welcome links to the Service so long as: (i) the Service open in a new browser window which displays the full version of a page of the Service (e.g., not merely one of its frames, and not an "in-line" link to a particular image or object on the Service), (ii) the link to this does not state or imply any sponsorship of your site or service by us or by the Service; and (ii) the Service is not display framed within or obfuscated by other content. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Service, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to the Service upon notice. If you receive such a notice from us, you agree to discontinue your link to the Service.
While we endeavor to protect the security and integrity of information and materials transmitted to and stored on the Site, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that any information or material, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.
If you correspond with us by e-mail, text message, or using Web forms like a “contact us” feature on our Service, you should be aware that your transmission might not be secure. A third party could view the information you send in transit by such means. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
If you create an account on our Service, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any activity that occurs using your account credentials, whether or not you authorized such activity. Please notify us of any unauthorized use of your password or account or any other breach of security.
If we believe that the security of your information or material in our care may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as possible under the circumstances. If we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please e-mail us at email@example.com.
If, for any reason, the Service suffer a compromise resulting in the theft of intellectual property, including but not limited to copyright protected images, Liveedit will not be responsible for sending copyright infringement take-down notices to domains or other online locations where the protected material is being hosted or displayed, or for otherwise taking efforts to cause such material to be removed, for access to such material to be impeded in any way, or to enforce intellectual property rights. Instead, upon request, Liveedit, to the extent within its rights, may authorize the Liveedit account holder or holders with a legal interest in copyright protected material, or their designated representative, to send copyright infringement take-down notices and to make such efforts. To the extent that Liveedit or its designee authorizes a third party to send take-down notices or to otherwise enforce copyrights on its behalf, the third party being given such authority shall represent and warrant that it will engage in such activities in full compliance with the Digital Millennium Copyright Act, its regulations and all applicable laws, and in particular shall only engage in take-down and enforcement efforts where it has a good faith belief that copyright infringement has taken place without legal exceptions or defenses of reasonable merit, including without limitation the fair use defense.
We control and operate the Service from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Service are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on the Service are appropriate or available for use in other locations. If you choose to access the Service from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
Applicable Law; No Waiver; Severability
Binding Individual Arbitration
Purpose. The term “Dispute” means any dispute, claim, or controversy between you and us or any of our affiliates regarding the Service or any service thereon, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with us or any affiliate of ours or any of our or their officers, directors, employees or agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, other than those matters listed in the Exclusions from Arbitration clause, you and the entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND US AND OUR AFFILIATES AGREE THAT ANY CLAIM FILED BY YOU OR BY US OR OUR AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 1212 AVENUE OF THE AMERICAS, 9TH FLOOR, NY, NY 10036 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR USER NAME, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US OR OUR AFFILIATES THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH US OR ANY OF OUR AFFILIATES, YOU MUST SEND WRITTEN NOTICE TO 1212 AVENUE OF THE AMERICAS, 9TH FLOOR, NY, NY 10036 TO GIVE US OR OUR AFFILIATE YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE
INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If we or our affiliate you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you, us or our affiliate you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this Section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGALACTION, UNLESS BOTH YOU AND THE ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by the entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or the entity you have a Dispute with may initiate arbitration in either New York County, New York or the county in which you reside. In the event that you select the county of your residence, the entity you have a Dispute with may transfer the arbitration to New York County, New York in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Severability. If any clause within this Section is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.
Disclaimer of Warranties
WE PROVIDE THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
THE SERVICE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
THE INFORMATION ON THE SERVICE WILL BE ACCURATE OR UP-TO-DATE,
THE SERVICE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE SERVICE WILL REMAIN RETREIVABLE AND UNCORRUPTED, OR
THE SERVICE WILL BE UNITERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICE ORDERED OR PROVIDED VIA THE SERVICE. ANY PRODUCTS AND SERVICE ORDERED OR PROVIDED VIA THE SERVICE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.
YOU AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SERVICE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, SECURITY, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SERVICE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SERVICE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICE LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SERVICE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO OUR SERVICE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, HOSTING, PRODUCTION DISTRIBUTION AND OTHER PROVISIONS OF THE SERVICE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
Limitations of Liability
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES AND PARTNERS, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, HOSTS, SUBCONTRACTORS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SERVICE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, PARTNERS AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, HOSTS, SUBCONTRACTORS, OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SERVICE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SERVICE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SERVICE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE, DURING THE SIX MONTHS PRIOR TO THE FIRST DATE THAT THE CLAIM OR CLAIMS AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES AND PARTNERS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, HOSTS, SUBCONTRACTORS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
Last Updated: [April 24, 2015 ]