Please read this agreement ("Agreement") carefully before accessing or using this web site or any other web site ("Site") of LiveSpace, Inc. ("LiveSpace") that this web site links to. By accessing or using the Site, you agree to be bound by this Agreement. LiveSpace, and its suppliers provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions and notices. If you do not agree with this Agreement, please do not use or access the Site.
The information and services offered on this Site are provided with the understanding that neither LiveSpace, nor its suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. Additional terms and conditions may apply to purchases of goods or services from LiveSpace and to specific portions or features of the Site, including specific product pages, promotions and other features, all of which terms are made a part of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
LiveSpace, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While LiveSpace and its suppliers, strive to keep the information on this Site accurate, complete and up-to-date, LiveSpace and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
USE; INTELLECTUAL PROPERTY RIGHTS
The Site and the contents and materials contained thereon, including the text, images, audio and video, and any materials accessed or made available through or made available for use or download through this Site ("Content") are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. You may not distribute, modify, reproduce, or use, in whole or in part, without LiveSpace's written consent, provided, you may access, download and print Content on this Site for your personal and non-commercial use. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information.
The contents of and all Content distributed in conjunction with the Site are © Copyright LiveSpace, 2012. All rights reserved. LiveSpace also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Republication or citation of any content generated by the Site without LiveSpace's written consent is expressly prohibited. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the Site, with the following exception:
You may display, print, and store electronic copy(s) of Content provided by LiveSpace for your internal use or your personal, non-commercial use only, provided that in no event shall any LiveSpace or any other proprietary notice be removed or altered from any Content. You may not, without LiveSpace's written permission, "mirror" or "frame" any material contained on this Site. LiveSpace, LiveSpace, Inc., and all other names, logos, and icons identifying LiveSpace and its products and services are proprietary marks of LiveSpace, Inc., and any use of such marks without the express written permission of LiveSpace is strictly prohibited (including without limitation use of such marks in connection with republication or citation of the rankings contained in the Site). Unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes. Please be aware that LiveSpace actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The Content is provided and made available for informational purposes only. While LiveSpace believes the Content to be reliable, LiveSpace does not represent, warrant, promise, or guarantee its completeness, timeliness, or accuracy. The Content is subject to change without notice. Products and services described, as well as any pricing made available via the Site may differ among geographic locations. Not all products and services are offered in every country.
If you are asked to create a user name and password, you agree to protect the confidentiality of your user name and password, not to share or disclose your username and password to any third party, and to take reasonable measures to ensure that no unauthorized person or entity shall have access to the Site using your user name or password. You agree that your rights to use this Site are non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share the user name and password established during registration (other than with an agent acting on your behalf and subject to your direct supervision) and you shall not provide third parties with hyperlink access to the Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to LiveSpace, that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. You agree to comply with your responsibilities and obligations as stated in this Agreement. You further represent and warrant that any Content or other information you submit, upload or otherwise provide or make available to or through the Site, whether through the registration process or otherwise, will be true, accurate and complete, and will not violate any law, statute, ordinance or regulation. You warrant that you will not falsely identify yourself or impersonate or falsely represent your affiliation with any person or entity. Except with the written permission of LiveSpace, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Site. Unauthorized individuals attempting to access prohibited areas of the Site may be subject to legal prosecution. In addition, you further represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. You understand and agree that you are solely responsible for all Content you submit, post, upload or otherwise provide to or through the Site, whether publicly or privately transmitted.
You use this Site at your own risk. LiveSpace is not responsible for the consequences of or reliance on any Content contained in or submitted to the site, or products or services obtained through the Site, or files available for download, and the risk of injury from the foregoing rests entirely with you.
THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. LIVESPACE, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT, PRODUCTS, OR SERVICES DESCRIBED ON THE SITE AT ANY TIME AND WITHOUT PRIOR NOTICE OR LIABILITY TO YOU. LIVESPACE DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH CONTENT. LIVESPACE RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE. FURTHERMORE, BY OFFERING THE SITE AND CONTENT, PRODUCTS OR SERVICES VIA THE SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY LIVESPACE TO ANY PERSON TO USE THE SITE OR SUCH CONTENT, PRODUCTS, OR SERVICES IN ANY JURISDICTIONS WHERE THE PROVISION OF THE SITE OR SUCH CONTENT, PRODUCTS, OR SERVICES IS PROHIBITED BY LAW.
ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL LIVESPACE, ITS AFFILIATES AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST OPPORTUNITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LIVESPACE, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIVESPACE's LIABILITY AND ITS AFFILIATES AND/OR SUPPLIERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless LiveSpace, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) arising out of or related to your use of the Site, including any Content, or any violation or breach of this Agreement.
LINKS TO THIRD PARTY SITES
CHANGES TO SITE
LiveSpace, its affiliates and/or its suppliers may make improvements or changes in the Content, information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. LiveSpace, may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
When you visit the Site or send e-mails to LiveSpace, you are communicating with LiveSpace electronically. You therefore consent to receive communications from LiveSpace electronically. LiveSpace may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that LiveSpace provides to you electronically satisfy any legal requirement that such communications be in writing. Computer maintained records of a party when produced in hard copy form shall constitute business records and shall have the same validity as any other generally recognized business records.
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Illinois, U.S.A., without giving effect to any principles of conflicts of law. Failure by LiveSpace, or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. For all litigation of disputes or controversies which may arise between you and LiveSpace or any of its affiliates, you consent to the exclusive jurisdiction of the courts of the State of Illinois, U.S.A. and the United States district courts sitting in the State of Illinois, U.S.A., and agree that any and all such disputes and controversies shall be determined exclusively by one of such courts. Notwithstanding the foregoing, LiveSpace (or its affiliate), at its election, may commence and prosecute such litigation (a) in any jurisdiction in which you reside or transact any business; or (b) through binding arbitration in Illinois, U.S.A., pursuant to and in accordance with the Commercial Arbitration Rules and related procedures of the American Arbitration Association then in effect, by a single arbitrator appointed in accordance with such rules, provided, however, that any valid award issued or made pursuant to such arbitration may be enforced by any court of competent jurisdiction. You waive personal service of process, and further consent that such service of process may be made by a reputable express-delivery service (e.g., FedEx or DHL). You agree that neither the Hague Uniform Law for the Sales of Goods of July 7, 1964, nor the United Nations Convention on Contracts for the International Sales of Goods (Vienna 1980) will be applicable.