IMPORTANT LEGAL AGREEMENT :
The "Service" means collectively or individually the applicable subscription or managed service offering marketed by LiveMansion.com and its affiliates under the service mark "LiveMansion.com ", comprised of: (a) a client application downloaded by users to a compatible mobile electronic device that allows the device to recognize and conceptually understand designated persons, places, or objects encountered in the real world ("LiveMansion.com Software"); (b) a software offering and content delivery system, hosted and managed by LiveMansion.com on its servers, that delivers designated, related content based on the person, place, or object recognized by the client application; and (c) any other services provided by LiveMansion.com from time to time. Any new features added to or augmenting the LiveMansion.com Service are also subject to this term. LiveMansion.com reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the LiveMansion.com Service (or any portion thereof) with or without notice.
The user affirms that they are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The LiveMansion.com Service is not intended for children under 13. If the user is under 13 years of age, then please do not use the LiveMansion.com Service under any circumstances. If the user is 13 or older and younger than 18, then the user may access and use the LiveMansion.com Service only if your parent or guardian accepts this Agreement on Your behalf. If the user is a parent or guardian entering this Agreement for the benefit of a child age 13 or older, then the user agree to accept full responsibility for that child's use of and access to the LiveMansion.com Service. By accessing or using the Site, Software or Services, The user represent that The user are at least 13 and have Your parents' permission to do so.
In order to access some features of the LiveMansion.com Service, the user will have to create a LiveMansion.com account. There are various methods to create your LiveMansion.com account that includes logging in via your Facebook, Twitter account or by setting up an account through the LiveMansion.com Service. The user must provide accurate and complete information for any information the user provide to LiveMansion.com, and the user must safeguard your account password. The user may never use another person's account without permission. The user is solely responsible for the activity that occurs on your account, and the user must keep access to your account secure. Should there be any breach of security or unauthorized use of your account, the user must notify us immediately. LiveMansion.com will not be liable for any losses caused by any unauthorized use of your account; however, the user may be liable for the losses of LiveMansion.com or others due to such unauthorized use. The user may deactivate your account at any time by contacting LiveMansion.com at info@LiveMansion.com.
4.1. Subject to your compliance with, and during the term of, these Terms, LiveMansion.com grants the user a non-exclusive, personal, non-transferable, non-sub licensable limited solely to install and operate the LiveMansion.com Software on any personal mobile electronic device or smart phone owned or controlled by the user (a "Mobile Device") only for your own internal, non-commercial purposes in accordance with this Agreement and any applicable documentation accompanying the LiveMansion.com Service or otherwise provided to the user by LiveMansion.com. Except as expressly set forth in the previous sentence, The user are granted no licenses or rights in or to the LiveMansion.com Software or LiveMansion.com Service, or any intellectual property rights therein or related thereto, and The user may not use, modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit or utilize any portion of the LiveMansion.com Software or LiveMansion.com Service without the prior written permission of LiveMansion.com. The LiveMansion.com Software and the LiveMansion.com Service are licensed to the user as a single unit. Its component parts may not be separated for use. The LiveMansion.com Software embedded in the LiveMansion.com Service is licensed and NOT sold. All title and intellectual property rights in the LiveMansion.com Software and/or LiveMansion.com Service (including but not limited to any images, photographs, animations, video, audio, music, and text), accompanying printed materials, and LiveMansion.com and/or its subsidiaries thereof own any copies. LiveMansion.com reserves all rights not expressly granted. Unauthorized reproduction or distribution of the LiveMansion.com Software and/or the LiveMansion.com Service or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The user further acknowledges that certain Content (as defined herein) that is made available is protected by proprietary rights.
4.2. LiveMansion.com, the LiveMansion.com logo, and other LiveMansion.com marks, graphics, logos, scripts, and sounds are trademarks of LiveMansion.com. None of the LiveMansion.com trademarks may be copied, downloaded, or otherwise reproduced without our prior written permission.
5.1. As a LiveMansion.com account holder the user may submit Content. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials the user may view on, access through or contribute to the LiveMansion.com Service. The user understand that whether or not Content is published, LiveMansion.com does not guarantee any confidentiality with respect to Content and when the user publish content or information through the LiveMansion.com Service, it means that the user are allowing everyone to access and use that information, and to associate it with the user (i.e., your name and profile picture).
5.2. The user retains all of your ownership rights in your Content, but the user are required to grant limited license rights to LiveMansion.com and other users of the LiveMansion.com Service. These are described in paragraph 6 of these Terms (Rights The user License).
5.3. The user understands and agrees that the user is solely responsible for your own Content and the consequences of posting or publishing it. LiveMansion.com does not endorse any Content or any opinion, recommendation, or advice expressed therein, and LiveMansion.com expressly disclaims any and all liability in connection with Content.
5.4. The user represent and warrant that the user have (and will continue to have during your use of the LiveMansion.com Service) all necessary licenses, rights, consents, and permissions which are required to enable LiveMansion.com to use your Content for the purposes of the provision of the LiveMansion.com Service by LiveMansion.com, and otherwise to use your Content in the manner contemplated by the LiveMansion.com Service and these Terms.
5.5. The user agrees that your conduct on the site will comply with (and the user agree that the content of all of your Content shall comply with) the LiveMansion.com Community Guidelines, found on the LiveMansion.com website, as updated from time to time.
5.6. The user agrees that the user will not post or upload any Content which contains material which it is unlawful for the user to possess in the country in which the user are resident, or which it would be unlawful for LiveMansion.com to use or possess in connection with the provision of the LiveMansion.com Service.
5.7. The user agrees that Content the user submit to the LiveMansion.com Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless the user have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant LiveMansion.com the license referred to in paragraph below.
5.8. On becoming aware of any potential violation of these Terms, LiveMansion.com reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate Your access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
5.9. The user further understands and acknowledges that in using the LiveMansion.com Service, the user may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to the user. The user agree to waive, and hereby do waive, any legal or equitable rights or remedies the user have or may have against LiveMansion.com with respect to any such Content.
6.1. The LiveMansion.com Service creates a personal reference database, stores it in an encrypted file on your computer, cell phone, or other electronic server device, and uploads it to a LiveMansion.com controlled server across the Internet, to provide access to an aggregate, publicly searchable database of references. When the user upload or post Content to LiveMansion.com, the user grant:
6.1.1. to LiveMansion.com, a worldwide, non-exclusive, royalty-free, transferable (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the LiveMansion.com Service and otherwise in connection with the provision of the LiveMansion.com Service and LiveMansion.com'sbusiness, including without limitation for promoting and redistributing part or all of the LiveMansion.com Service (and derivative works thereof) in any media formats and through any media channels;
6.1.2. to each user of the LiveMansion.com Service, a worldwide, non-exclusive, royalty-free license to access your Content through the LiveMansion.com Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the LiveMansion.com Service and under these Terms.
6.2. The above licenses granted by the user in Content terminate when the user contact us that the user wish to remove or delete your Content from the LiveMansion.com Service. Please contact info@LiveMansion.com if The user wish to do so. The above licenses granted by the user in textual comments the user submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by the user as set out in paragraph 5.2 above.
7.2. The user agrees that LiveMansion.com may to collect and use technical data and related information, including but not limited to technical information about Your Mobile Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to The user (if any) related to the LiveMansion.com Software. In addition, from time to time we may ask for additional information to provide the LiveMansion.com Service, for example, access to your Mobile Device's address book. LiveMansion.com may use this information, as long as it is in a form that does not personally identify the user, to improve its products or to provide services or technologies to The user.
8.1. The LiveMansion.com Service may include hyperlinks to other web sites that are not owned or controlled by LiveMansion.com. LiveMansion.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
8.2. The user acknowledges and agrees that LiveMansion.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
8.3. The user acknowledges and agrees that LiveMansion.com is not liable for any loss or damage which may be incurred by the user as a result of the availability of those external sites or resources, or as a result of any reliance placed by the user on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
8.5. LiveMansion.com takes no responsibility for any advertisements or any third party material, nor do we take any responsibility for the products or services provided by advertisers. Any dealings the user have with advertisers found while using the LiveMansion.com Services are between the user and the advertiser, and the user agree that LiveMansion.com is not liable for any loss or claim that the user may have against an advertiser.
The user agrees to allow LiveMansion.com to reference The user as a LiveMansion.com user in marketing and public relation activities. This includes, but is not limited, mentions on the website in social media and press activities.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIVEMANSION.COM AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE SOFTWARE AND THE LIVEMANSION.COM SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND THE USER RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE, SOFTWARE OR SERVICES AND INTERRUPTIONS, CRASHES, AND DOWNTIME MAY OCCUR FROM TIME TO TIME. NEITHER LIVEMANSION.COM NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE LIVEMANSION.COM SOFTWARE AND/OR SERVICE. LIVEMANSION.COM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY, OR INTERRUPTION IN THE SOFTWARE OR SERVICES. LIVEMANSION.COM MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS OR USEFULNESS OF ANY PORTION OF THE LIVEMANSION.COM SERVICE OR THE APPROPRIATENESS, FITNESS OR SUITABILITY OF THE CONTENT. THE USER AGREE THAT YOUR ACCESS TO THE SITE, SOFTWARE AND SERVICES IS AT YOUR OWN RISK AND THAT THE USER ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE, PHYSICAL OR OTHERWISE, THE USER INCUR THROUGH ACCESS TO OR USE OF THE SITE, SOFTWARE OR SERVICES.
To the fullest extent permitted under law, The user agree to indemnify, defend, and hold harmless LiveMansion.com and its officers, directions, employees, agents, affiliates and licensors from and against all claims, alleged claim, suit, actions, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorney's fees) that may at any time be incurred by any of them in whole or in part by reason of any allegations, claims, suits, or proceedings arising from: (1) Your use of or access to the LiveMansion.com Software or LiveMansion.com Services (or any use thereof through Your Account or using Your Account ID); or (2) any breach of any representation, warranty or other term or condition of this Agreement.
IN NO EVENT WILL LIVEMANSION.COM BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITY, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER LEGAL THEORY, IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR LIABILITY STEMMING FROM YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE LIVEMANSION.COM SERVICES, OR ANY OF THE SOFTWARE OR CONTENT PROVIDED THROUGH THE LIVEMANSION.COM SERVICES, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, OR LOSS OF REPUTATION OR REGISTRATION, EVEN IF LIVEMANSION.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. LIVEMANSION.COM'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL DAMAGES AND LIABILITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT AND NOT COVERED BY THE FOREGOING SENTENCE WILL BE LIMITED TO THE PRICE (IF ANY) THE USER PAID FOR THE SOFTWARE, DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. THE USER ACKNOWLEDGE THAT THE FOREGOING IS AN ESSENTIAL BASIS OF THE END USER AGREEMENT. The laws of some jurisdictions do not permit the exclusion of certain warranties or the disclaimer or limitation of liability for certain types of damages, so portions of the above may not apply to The user. To the extent that LiveMansion.com may not, as a matter of applicable law, disclaim any warranty or limit or exclude any liability, the scope and duration of such warranty and the extent of LiveMansion.com's liability shall be the minimum permitted under such applicable law.
Without prejudice to any other rights, LiveMansion.com may terminate the End User Agreement if the user fails to comply with the terms and conditions herein. In such event, the user must destroy all copies of the LiveMansion.com Software and/or the LiveMansion.com Service.
The courts in some countries will not apply New Jersey, USA law to some types of disputes. If the user resides in one of those countries, then where New Jersey, US law is excluded from applying, your country's laws will apply to such disputes related to these terms. Otherwise, the user agree that the laws of New Jersey, USA, excluding New Jersey's choice of law rules, will apply to any disputes arising out of or relating to these terms or the LiveMansion.com Services. Similarly, if the courts in your country will not permit the user to consent to the jurisdiction and venue of the courts in Morris County, New Jersey, USA, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the LiveMansion.com Services will be litigated exclusively in the federal or state courts of Morris County, New Jersey, USA, and the user and LiveMansion.com consent to personal jurisdiction in those courts.
15.1. The Terms makes up the entire agreement between the parties regarding LiveMansion.com, and supersedes any prior agreements.
15.2. If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
15.3. If we fail to enforce any of these Terms, it will not be considered a waiver.
15.4. Any amendment to or waiver of these Terms must be made in writing and signed by LiveMansion.com.
15.5. The user will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
15.6. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
15.7. Nothing in these Terms shall prevent us from complying with the law.
15.8. These Terms do not confer any third party beneficiary rights.
15.9. We reserve all rights not expressly granted to the user.
15.10. The LiveMansion.com Software is subject to U.S. export control laws and may be subject to export or import regulations in other countries. The user agree not to export the LiveMansion.com Software under any circumstances whatsoever, and by downloading the LiveMansion.com Software, The user warrant that Your receipt of the Software does not violate the laws or regulations, including applicable sanctions or embargoes, of the U.S. or any other country. The user will indemnify and hold LiveMansion.com harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys' fees) arising from or relating to any breach by The user of Your obligations and warranty under this paragraph.