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yourLive.com's Terms of Use Statement

 

Introduction

Welcome to yourLive.com.com ("the Site"). Please read the following Terms of Use (the "Terms of Use") carefully before using this site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to yourLive.com and its affiliates and subsidiaries (individually and collectively, "yourLive.com").

Capitalized terms used herein, but not defined herein will have the meanings assigned to them in the license agreement.

By using the site, purchasing software or other products, you signify your irrevocable acceptance of these terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use.  yourLive.com has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the site shall be deemed irrevocable acceptance of those revisions.

We reserve the right to change, modify, suspend or discontinue any portion of the site at any time. We may also impose limits on certain features or restrict your access to parts or the entire site without notice or liability.

Online Behavior

Please exercise respect when participating in any of yourLive.com's community features such as forums, bulletin boards, LiveRooms, email functions, etc. (community materials). You may not submit or publish through yourLive.com any community materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or otherwise violate the rights and privacy of any third party. Furthermore, you may not submit or publish community materials through yourLive.com that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer. Notwithstanding the foregoing, yourLive.com does not monitor the content of community features and cannot be held responsible for the community materials.

Notwithstanding any rights or obligations governed by the Terms of Use or the privacy policy, if, at any time you upload or post community materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the site you automatically grant yourLive.com a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the community materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the community materials in advertising, promotion and publicity for the site, yourLive.com and its or their products and services, in any and all media now known or hereafter devised.

Submissions

Certain parts of the site may ask for written suggestions or problem reports such as using our contact form or problem report form (“Submissions”). While the privacy policy governs the protection of your privacy, the Submissions shall be deemed the property of yourLive.com. As such yourLive.com may use Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Accounts and Security

As part of the registration process, you will select a password ("Password") and user name ("User name"). You shall provide yourLive.com with accurate, complete, and updated account information.  Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account. You may not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a user name that yourLive.com, in its sole discretion, deems inappropriate or offensive.

You shall notify yourLive.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. Notwithstanding the foregoing, you are responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at yourLive.com's sole discretion, and you may be reported to appropriate law-enforcement agencies.

Notification of Copyright Infringement

yourLive.com will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this site or on sites linked to from this site, please notify yourLive.com.

Pursuant to title 17, United States code, section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • A description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
  • A description of where the material that you claim is infringing is located on the site;
  • Information sufficient to permit the agent to contact you, such as your physical address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the use of the material identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

For notice of claims of copyright infringement, please contact us at support@yourLive.com.

Miscellaneous

Room Ratings. Group LiveRooms are "rated" in order to enable users to determine what language and images are appropriate and may be expected. The ratings are guidelines and are not to be regarded as an assurance that the content will be safe or acceptable to you or anyone under eighteen (18) years of age. yourLive.com is not liable for any assumptions that you make when entering any given LiveRoom, regardless of who rates such LiveRoom, or for any inappropriately rated LiveRooms and you assume all risk in joining any LiveRoom or permitting anyone under eighteen (18) years old to join any LiveRoom.

Law Enforcement. yourLive.com will fully cooperate with law enforcement in investigating or requesting information with respect to suspected criminal or other activity and, notwithstanding any provision herein or in the privacy policy to the contrary, may release your name and other information to the appropriate authorities for that purpose, with or without a subpoena. In addition, yourLive.com has the right, but not the obligation, to initiate its own review of the conduct of any user, either independently or as a result of a complaint by a third party user. Any investigation undertaken by yourLive.com would include all steps that yourLive.com deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties at yourLive.com's sole discretion.

Limitation of Liability and Indemnification. To the maximum extent permitted by law, in no event shall yourLive.com or its affiliates or their respective directors, officers, employees, agents or representatives (collectively "yourLive.com parties") or any of their respective suppliers be liable or responsible for any damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of information or data, or any other indirect, incidental, special or consequential damages) arising out of the use of or inability to use this software, the license or otherwise in connection with this agreement, even if yourLive.com has been advised of the possibility of such damages. You hereby agree to indemnify and hold yourLive.com parties harmless from and against any and all loss, cost, damage and expense, including but not limited to attorneys' fees and court costs, arising directly or indirectly from your use of the yourLive.com software and/or your breach of any representation, warranty or covenant contained in this agreement.

U.S. Government Restricted Rights: the software is provided with restricted rights. Use, duplication or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the rights in technical data and computer software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the commercial computer software - restricted rights at 48 CFR 52.227-19, as applicable. Manufacturer is Klondike Technology Corp. And it's US headquarters is located in Hillsborough, NJ 08844.

Governing Law; Amendments. In enforcing, interpreting and for all other purposes, this agreement will be governed by the substantive laws of the State of New Jersey and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of New Jersey. If a court determines any remedy provided to you under this agreement has failed of its essential purpose, the limitations of liability and exclusion of damages and warranties above shall not be affected and remain in full force and effect.

Consolidation; Creditors Rights. In the event of a merger, sale of assets or other corporate transaction involving yourLive.com or in the event of a bankruptcy, insolvency or other action involving creditors of yourLive.com or under other similar or related circumstances, yourLive.com reserves the right to disclose and/or sell information about you and your account. In the event yourLive.com ceases its operations for a period of thirty (30) or more continuous days, you may file a claim for a refund of a prorated portion of your subscription premium, provided however, that you must file any claim within sixty (60) days of the first day on which yourLive.com's service was first terminated (the "claim period"). In the event you fail to submit a claim within the claim period, you will not be entitled to a refund.

Administrative Information

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the site, please contact us at: support@yourLive.com

Last revised April 2007.
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