Livesteez Terms of Service Agreement
February 15, 2008
Livesteez.com is an urban social networking experience that allows users to make online connections and share, view, and rate videos uploaded by other users.
By using Livesteez, you agree to be legally bound by this Agreement, whether you are a just browsing Livesteez.com or are a registered member. Please read this Agreement carefully. If you do not agree to abide by this agreement and all applicable laws, you should leave the Livesteez Website and discontinue use of Livesteez immediately. If you would like to become a member, you must indicate your acceptance of this Agreement during the registration process.
Livesteez.com may modify this Agreement at any time and such modification shall be effective upon posting on Livesteez.com. You agree to be bound to any changes to this Agreement when you use Livesteez once any such modification is posted. Accordingly, it is important that you review this Agreement on a regular basis to ensure you are updated as to any changes.
Your Livesteez profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Livesteez members may contain inaccurate, inappropriate, offensive or sexually explicit material and Livesteez.com assumes no responsibility or liability for this material. If you become aware of misuse of Livesteez by any person, please use the contact form to report.
Livesteez.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of Livesteez at any time, for any or no reason, with or without prior notice, and without liability. Livesteez expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Livesteez.com if it is determined that you pose a threat to Livesteez and/or its users.
1. Eligibility
Use of and Membership in Livesteez.com is void where prohibited. By using Livesteez, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of Livesteez.com does not violate any applicable law or regulation.
2. Term
This Agreement shall remain in full force and effect while you use Livesteez or are a Member. You may terminate your Membership at any time, for any reason. Livesteez.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
3. Fees
You acknowledge that Livesteez.com reserves the right to charge for Livesteez and to change its fees upon its discretion. If Livesteez.com terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Livesteez.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members
Livesteez are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Livesteez.com. Illegal and/or unauthorized use of Livesteez, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Livesteez Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of Livesteez.
6. Proprietary Rights
A. Livesteez.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to Livesteez.com. After posting your Content to Livesteez, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through Livesteez.com, you hereby grant to Livesteez.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through Livesteez.
The license you grant to Livesteez.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Livesteez.com), fully-paid and royalty-free (meaning that Livesteez.com is not required to pay you for the use on Livesteez of the Content that you post), sub-licensable, and worldwide. This license will terminate at the time you remove your Content from Livesteez.com. The license does not grant Livesteez.com the right to sell your Content, nor does the license grant Livesteez.com the right to distribute your Content outside of Livesteez.
B. You represent and warrant that: (i) you own the Content posted by you on or through Livesteez.com or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through Livesteez does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through Livesteez.
C. Livesteez contains Content of users and other Livesteez.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through Livesteez.
7. Content Posted
A. Livesteez.com may delete any Content that in the sole judgment of Livesteez.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Livesteez.com assumes no responsibility for monitoring Livesteez for inappropriate Content or conduct. If at any time Livesteez.com chooses, in its sole discretion, to monitor Livesteez, Livesteez.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.
B. You are solely responsible for the Content that you post on or through any of Livesteez, and any material or information that you transmit to other Members and for your interactions with other Users. Livesteez.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Livesteez.com prior to posting and does not necessarily reflect the opinions or policies of Livesteez.com. Livesteez.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited
A. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through Livesteez. Livesteez.com reserves the right to investigate and take appropriate legal action against anyone who, in Livesteez.com's sole discretion, violates this provision, including without limitation, removing the offending communication from Livesteez and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Livesteez.com:
a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b) harasses or advocates harassment of another person;
c) exploits people in a sexual or violent manner;
d) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e) solicits personal information from anyone under 18;
f) provides any telephone numbers, street addresses, last names, URLs or email addresses;
g) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
h) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
i) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
l) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
m) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
n) includes a photograph of another person that you have posted without that person's consent; or
o) for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
B. The following is a partial list of the kind of activity that is illegal or prohibited on Livesteez Website and through your use of Livesteez. Livesteez.com reserves the right to investigate and take appropriate legal action against anyone who, in Livesteez.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
b) advertising to, or solicitation of, any Member to buy or sell any products or services through Livesteez. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from Livesteez in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Livesteez.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Livesteez.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through Livesteez, you acknowledge that you will have caused substantial harm to Livesteez.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Livesteez.com $50 for each such unsolicited email or other unsolicited communication you send through Livesteez;
c) covering or obscuring the banner advertisements on your personal profile page, or any Livesteez.com page via HTML/CSS or any other means;
d) any automated use of the system, such as using scripts to add friends or send comments or messages;
e) interfering with, disrupting, or creating an undue burden on Livesteez or the networks or services connected to Livesteez;
f) attempting to impersonate another Member or person;
g) for band profiles, copying the code for your Livesteez Player and embedding it into other profiles or asking other Members to embed it into their profiles;
h) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
i) selling or otherwise transferring your profile;
j) using any information obtained from Livesteez in order to harass, abuse, or harm another person;
k) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through Livesteez on behalf of that person, such as placing commercial content on your profile, posting blogs, ratings or comments with a commercial purpose, or sending private messages with a commercial purpose;
l) using Livesteez in a manner inconsistent with any and all applicable laws and regulations.
C. You agree not to alter or modify any part of the Website, including but not limited to Livesteez’ Embeddable Player or any of its related technologies.
D. You agree not to access User Submissions (defined below) or Livesteez Content through any technology or means other than the video playback pages of the Website itself, the Livesteez Embeddable Player, or other explicitly authorized means Livesteez may designate.
E. You agree not to use the Website, including the Livesteez Embeddable Player for any commercial use, without the prior written authorization of Livesteez. Prohibited commercial uses include any of the following actions taken without Livesteez’ express approval:
* sale of access to the Website or its related services (such as the Embeddable Player) on another website;
* use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the Livesteez website or any third-party website, targeted to the content of specific User Submissions or Livesteez content;
* and any use of the Website or its related services (such as the Embeddable player) that Livesteez finds, in its sole discretion, to use Livesteez’ resources or User Submissions with the effect of competing with or displacing the market for Livesteez, Livesteez content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)
F. Prohibited commercial uses do not include:
* uploading an original video to Livesteez, or maintaining an original channel on Livesteez, to promote your business or artistic enterprise;
* using the Embeddable Player to show Livesteez videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Livesteez;
* any use that Livesteez expressly authorizes in writing.
G. You agree not to circumvent, disable or otherwise interfere with security-related features of the Livesteez Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Livesteez Website or the Content therein.
9. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Livesteez.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Livesteez.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Livesteez in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on Livesteez; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
10. Member Disputes
You are solely responsible for your interactions with other Livesteez.com Members. Livesteez.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Privacy
Use of Livesteez is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers
Livesteez.com is not responsible for any incorrect or inaccurate Content posted on Livesteez Website or in connection with Livesteez, whether caused by Users of Livesteez or by any of the equipment or programming associated with or utilized in Livesteez. Profiles created and posted by Members on Livesteez Website may contain links to other websites. Livesteez.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Livesteez.com. Inclusion of any linked website on Livesteez does not imply approval or endorsement of the linked website by Livesteez.com. When you access these third-party sites, you do so at your own risk. Livesteez.com takes no responsibility for third party advertisements which are posted on this Livesteez Website or through Livesteez, nor does it take any responsibility for the goods or services provided by its advertisers. Livesteez.com is not responsible for the conduct, whether online or offline, of any User of Livesteez. Livesteez.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Livesteez.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of Livesteez or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with Livesteez. Under no circumstances shall Livesteez.com be responsible for any loss or damage, including personal injury or death, resulting from use of Livesteez, attendance at a Livesteez.com event, from any Content posted on or through Livesteez, or from the conduct of any Users of Livesteez, whether online or offline. Livesteez are provided "AS-IS" and as available and Livesteez.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Livesteez.com cannot guarantee and does not promise any specific results from use of Livesteez.
13. Limitation on Liability.
IN NO EVENT SHALL LIVESTEEZ.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF LIVESTEEZ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIVESTEEZ.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIVESTEEZ.COM FOR LIVESTEEZ DURING THE TERM OF MEMBERSHIP.
14. Disputes
If there is any dispute about or involving Livesteez, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the new York, City of Los Angeles. Either Livesteez.com or you may demand that any dispute between Livesteez.com and you about or involving Livesteez must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA)New York, New York, USA, provided that the foregoing shall not prevent Livesteez.com from seeking injunctive relief in a court of competent jurisdiction.
15. Indemnity
You agree to indemnify and hold Livesteez.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Livesteez in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on Livesteez Website or through Livesteez causes Livesteez.com to be liable to another.
Please contact us via the Contact Form with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
February 15, 2008
Livesteez.com is an urban social networking experience that allows users to make online connections and share, view, and rate videos uploaded by other users.
By using Livesteez, you agree to be legally bound by this Agreement, whether you are a just browsing Livesteez.com or are a registered member. Please read this Agreement carefully. If you do not agree to abide by this agreement and all applicable laws, you should leave the Livesteez Website and discontinue use of Livesteez immediately. If you would like to become a member, you must indicate your acceptance of this Agreement during the registration process.
Livesteez.com may modify this Agreement at any time and such modification shall be effective upon posting on Livesteez.com. You agree to be bound to any changes to this Agreement when you use Livesteez once any such modification is posted. Accordingly, it is important that you review this Agreement on a regular basis to ensure you are updated as to any changes.
Your Livesteez profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Livesteez members may contain inaccurate, inappropriate, offensive or sexually explicit material and Livesteez.com assumes no responsibility or liability for this material. If you become aware of misuse of Livesteez by any person, please use the contact form to report.
Livesteez.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of Livesteez at any time, for any or no reason, with or without prior notice, and without liability. Livesteez expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Livesteez.com if it is determined that you pose a threat to Livesteez and/or its users.
1. Eligibility
Use of and Membership in Livesteez.com is void where prohibited. By using Livesteez, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of Livesteez.com does not violate any applicable law or regulation.
2. Term
This Agreement shall remain in full force and effect while you use Livesteez or are a Member. You may terminate your Membership at any time, for any reason. Livesteez.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
3. Fees
You acknowledge that Livesteez.com reserves the right to charge for Livesteez and to change its fees upon its discretion. If Livesteez.com terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password
When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Livesteez.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members
Livesteez are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Livesteez.com. Illegal and/or unauthorized use of Livesteez, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Livesteez Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of Livesteez.
6. Proprietary Rights
A. Livesteez.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to Livesteez.com. After posting your Content to Livesteez, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through Livesteez.com, you hereby grant to Livesteez.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through Livesteez.
The license you grant to Livesteez.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Livesteez.com), fully-paid and royalty-free (meaning that Livesteez.com is not required to pay you for the use on Livesteez of the Content that you post), sub-licensable, and worldwide. This license will terminate at the time you remove your Content from Livesteez.com. The license does not grant Livesteez.com the right to sell your Content, nor does the license grant Livesteez.com the right to distribute your Content outside of Livesteez.
B. You represent and warrant that: (i) you own the Content posted by you on or through Livesteez.com or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through Livesteez does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through Livesteez.
C. Livesteez contains Content of users and other Livesteez.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through Livesteez.
7. Content Posted
A. Livesteez.com may delete any Content that in the sole judgment of Livesteez.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Livesteez.com assumes no responsibility for monitoring Livesteez for inappropriate Content or conduct. If at any time Livesteez.com chooses, in its sole discretion, to monitor Livesteez, Livesteez.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.
B. You are solely responsible for the Content that you post on or through any of Livesteez, and any material or information that you transmit to other Members and for your interactions with other Users. Livesteez.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Livesteez.com prior to posting and does not necessarily reflect the opinions or policies of Livesteez.com. Livesteez.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited
A. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through Livesteez. Livesteez.com reserves the right to investigate and take appropriate legal action against anyone who, in Livesteez.com's sole discretion, violates this provision, including without limitation, removing the offending communication from Livesteez and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Livesteez.com:
a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b) harasses or advocates harassment of another person;
c) exploits people in a sexual or violent manner;
d) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e) solicits personal information from anyone under 18;
f) provides any telephone numbers, street addresses, last names, URLs or email addresses;
g) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
h) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
i) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
l) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
m) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
n) includes a photograph of another person that you have posted without that person's consent; or
o) for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
B. The following is a partial list of the kind of activity that is illegal or prohibited on Livesteez Website and through your use of Livesteez. Livesteez.com reserves the right to investigate and take appropriate legal action against anyone who, in Livesteez.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
b) advertising to, or solicitation of, any Member to buy or sell any products or services through Livesteez. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from Livesteez in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Livesteez.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Livesteez.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through Livesteez, you acknowledge that you will have caused substantial harm to Livesteez.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Livesteez.com $50 for each such unsolicited email or other unsolicited communication you send through Livesteez;
c) covering or obscuring the banner advertisements on your personal profile page, or any Livesteez.com page via HTML/CSS or any other means;
d) any automated use of the system, such as using scripts to add friends or send comments or messages;
e) interfering with, disrupting, or creating an undue burden on Livesteez or the networks or services connected to Livesteez;
f) attempting to impersonate another Member or person;
g) for band profiles, copying the code for your Livesteez Player and embedding it into other profiles or asking other Members to embed it into their profiles;
h) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
i) selling or otherwise transferring your profile;
j) using any information obtained from Livesteez in order to harass, abuse, or harm another person;
k) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through Livesteez on behalf of that person, such as placing commercial content on your profile, posting blogs, ratings or comments with a commercial purpose, or sending private messages with a commercial purpose;
l) using Livesteez in a manner inconsistent with any and all applicable laws and regulations.
C. You agree not to alter or modify any part of the Website, including but not limited to Livesteez’ Embeddable Player or any of its related technologies.
D. You agree not to access User Submissions (defined below) or Livesteez Content through any technology or means other than the video playback pages of the Website itself, the Livesteez Embeddable Player, or other explicitly authorized means Livesteez may designate.
E. You agree not to use the Website, including the Livesteez Embeddable Player for any commercial use, without the prior written authorization of Livesteez. Prohibited commercial uses include any of the following actions taken without Livesteez’ express approval:
* sale of access to the Website or its related services (such as the Embeddable Player) on another website;
* use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the Livesteez website or any third-party website, targeted to the content of specific User Submissions or Livesteez content;
* and any use of the Website or its related services (such as the Embeddable player) that Livesteez finds, in its sole discretion, to use Livesteez’ resources or User Submissions with the effect of competing with or displacing the market for Livesteez, Livesteez content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)
F. Prohibited commercial uses do not include:
* uploading an original video to Livesteez, or maintaining an original channel on Livesteez, to promote your business or artistic enterprise;
* using the Embeddable Player to show Livesteez videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Livesteez;
* any use that Livesteez expressly authorizes in writing.
G. You agree not to circumvent, disable or otherwise interfere with security-related features of the Livesteez Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Livesteez Website or the Content therein.
9. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Livesteez.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Livesteez.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Livesteez in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on Livesteez; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
10. Member Disputes
You are solely responsible for your interactions with other Livesteez.com Members. Livesteez.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Privacy
Use of Livesteez is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers
Livesteez.com is not responsible for any incorrect or inaccurate Content posted on Livesteez Website or in connection with Livesteez, whether caused by Users of Livesteez or by any of the equipment or programming associated with or utilized in Livesteez. Profiles created and posted by Members on Livesteez Website may contain links to other websites. Livesteez.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Livesteez.com. Inclusion of any linked website on Livesteez does not imply approval or endorsement of the linked website by Livesteez.com. When you access these third-party sites, you do so at your own risk. Livesteez.com takes no responsibility for third party advertisements which are posted on this Livesteez Website or through Livesteez, nor does it take any responsibility for the goods or services provided by its advertisers. Livesteez.com is not responsible for the conduct, whether online or offline, of any User of Livesteez. Livesteez.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Livesteez.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of Livesteez or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with Livesteez. Under no circumstances shall Livesteez.com be responsible for any loss or damage, including personal injury or death, resulting from use of Livesteez, attendance at a Livesteez.com event, from any Content posted on or through Livesteez, or from the conduct of any Users of Livesteez, whether online or offline. Livesteez are provided "AS-IS" and as available and Livesteez.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Livesteez.com cannot guarantee and does not promise any specific results from use of Livesteez.
13. Limitation on Liability.
IN NO EVENT SHALL LIVESTEEZ.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF LIVESTEEZ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIVESTEEZ.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIVESTEEZ.COM FOR LIVESTEEZ DURING THE TERM OF MEMBERSHIP.
14. Disputes
If there is any dispute about or involving Livesteez, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the new York, City of Los Angeles. Either Livesteez.com or you may demand that any dispute between Livesteez.com and you about or involving Livesteez must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA)New York, New York, USA, provided that the foregoing shall not prevent Livesteez.com from seeking injunctive relief in a court of competent jurisdiction.
15. Indemnity
You agree to indemnify and hold Livesteez.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Livesteez in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on Livesteez Website or through Livesteez causes Livesteez.com to be liable to another.
Please contact us via the Contact Form with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
