These Terms of Use (“These Terms”) are a legal contract between You and Liviant LLC (the “Service Provider”) (collectively, “Everyone”) and govern Your use of this website, as well as other websites that Service Provider may control, and all the text, data, information, software, graphics, photographs, and more (all of which We refer to as “Materials”) that Service Provider and its Subsidiaries may make available to You, as well as any services We may provide through any of Our websites (all of which are referred to in These Terms as “This Website”).
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
Accessing This Website
When You access This Website, You are responsible for complying with These Terms as well as any and all use of This Website through any account that You may setup through or on This Website; some Materials will only be available to You if You have an account. You agree to provide true, accurate, current, and complete information for so long as You use This Website. Because it is Your account, it is Your responsibility to obtain and maintain all equipment, services and software needed for access to and use of This Website as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or other security information for This Website has been breached in any way, You must immediately notify Us.
Sometimes, We collect certain personal information about You solely in connection with Your access and use of This Website. We reserve the right to require that You change Your password or restrict Your access to This Website as We deem reasonably necessary.
Your Permitted Use of This Website
You are invited to use This Website for Your personal and business purposes where you are purchasing Service Provider’s products and services (“Permitted Uses”).
You have no rights in This Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of This Website or Materials in any manner.
Unauthorized Use of This Website
We authorize Your limited use of This Website. Any other use of This Website beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorized use of This Website. This is because all rights in This Website remain the property of Service Provider.
Unauthorized use of This Website may result in violation of various United States and international copyright laws.
Terminating Your Use of This Website
We or You may terminate Your use of This Website at any time. Your use of This Website will automatically terminate in the event You breach any of These Terms. To clarify:
- Unless We otherwise agree with You in writing, We may terminate, suspend, or modify Your registration with, or access to, all or part of This Website, without notice, at any time and for any reason.
- You may discontinue Your access to and use of This Website at any time. In the event of an automatic termination for breach, You must immediately destroy any downloaded or printed materials (and any copies thereof).
Disclaimers
THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.
Service Provider EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT Service Provider DOES NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, Service Provider makes no warranty that This Website will meet your requirements or that This Website will be uninterrupted, timely, secure, or error free or that defects in This Website will be corrected. Service Provider makes no warranty as to the results that may be obtained from the use of This Website or as to the accuracy or reliability of any information obtained through This Website. No advice or information, whether oral or written, obtained by you through This Website or from Service Provider, its subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “The Service Provider Parties”) shall create any warranty. Service Provider disclaims all equitable indemnities.
Limitation of Liability
IN NO EVENT WILL ANY OF THE Service Provider PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) DAMAGES THAT ARE MORE THAN ONE HUNDRED UNITED STATES (US$100.00) DOLLARS IN TOTAL (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY Service Provider PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above disclaimers and limitations of liability may not apply to You. To the extent The Service Provider Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of The Service Provider Party’s liability shall be limited to the minimum amount permitted under such applicable law.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Service Provider Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Service Provider Party’s liability shall be the minimum permitted under such applicable law.
Other Agreements; Software, Services or Access
Service Provider may provide products (such as hardware or software), services (such as software subscription services, hardware maintenance or repair or software maintenance, installation, or training) or access via This Website under the terms of a separate agreement between You and Service Provider, such as a license agreement or separate terms of sale and warranty terms (each, an “Other Agreement”). Service Provider’s obligations regarding any product, service, or access that it makes available to You under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and These Terms shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between These Terms and any Other Agreement, the Other Agreement will control.
For example, the use of any software that is made available to download from the Service Provider Websites (“Software”) is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software (“License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless You first have agreed to the License Agreement. If there is no License Agreement, then These Terms will govern Your use of that Software.
Service Provider May Modify This Website
Service Provider reserves the right to modify, suspend, or discontinue This Website at any time without notice to You. We would, however, like You to be aware of the following:
- Service Provider may make changes to the This Website, or to the products, services and prices described in This Website, at any time without notice.
- This Website may be out of date and Service Provider makes no commitment whatsoever to update This Website.
- Information published on This Website may refer to products, programs, or services that are not available in your country.
We suggest You consult Your local Service Provider business contact for information regarding the products, programs and services that may be available to You via This Website.
Your Submission(s) to This Website
Certain areas of This Website (e.g., chatbots, chat rooms, community and support forums) may permit You to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). You agree that You are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, Service Provider does not guarantee that You will have any recourse through Service Provider or any third party to edit or delete any User Submission You have submitted.
By submitting any User Submission, You represent and warrant that:
- You are at least 13 years old;
- You own all rights in Your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Service Provider the rights in Your User Submissions as described in These Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- You are the individual pictured and/or heard in Your User Submissions or, alternatively, You have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in Your User Submissions to grant the rights to Service Provider as described in These Terms;
- Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
- Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- Your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, You grant to Service Provider an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use, (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Service Provider deems appropriate in its sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.
Service Provider may, but is not obligated to, pre-screen User Submissions or monitor any area of This Website through which User Submissions may be submitted. Service Provider is not required to host, display, or distribute any User Submissions on or through This Website and may remove at any time or refuse any User Submissions for any reason. Service Provider is not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that Service Provider may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient
Intellectual Property Rights
Service Provider respects the intellectual property rights of others, and We ask You to do the same. Service Provider may, in appropriate circumstances and at our discretion, terminate service and/or access to This Webite for users who infringe the intellectual property rights of others.
Links To Third-Party Websites
We think links are convenient, and so We have provided links on This Website to third-party websites. If You use these links, You will leave This Website. Service Provider is not obligated to review any third-party websites that You link to from This Website, does not control any of the third-party websites, and is not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, Service Provider does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from This Website, You do so entirely at Your own risk and You shall be deemed subject to the privacy policies and terms and conditions for those third-party websites; These Terms are not applicable to Your use of any such third-party websites.