Permitted Use of the Site’s Content
The Sites are provided on an “as is” basis by Live Intent for the convenience of its customers and users, and the Sites and the domain name(s)associated with them and all copyrights, trademarks and other proprietary and personal rights of the Site are the sole property of Live Intent. The Sites are intended for use by persons 18 years of age or older. You are permitted to access the Sites and the content provided by Live Intent(which may include text, images, hosted software, sound files, video or other content, and may be provided via the Sites or otherwise)(collectively, “Content”)solely for the purpose of viewing the Sites, utilizing the social networking connectivity and other services offered by the Sites, receiving information about Live Intent’s business and products, communicating with Live Intent, or otherwise as stated on the Sites.
Live Intent hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Content solely for the purpose of utilizing the Sites.
You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content’s owner. You may only link to the Sites for the purpose of directing other users to the Sites, and must remove any link to the Sites immediately on request from Live Intent. All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Sites are the sole property of Live Intent and/or its licensors, each of whom reserves all rights with regard to such materials.
Live Intent may at its option provide you with one or more areas within the Sites for online discussions(e.g. message boards, wikis, chat rooms or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. Live Intent reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. Live Intent shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.
You hereby grant Live Intent a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content provided by you to Live Intent via the Sites(which is referred to in these Terms as “User Content”), including but not limited to any forum posts you may create. In connection with such User Content, you warrant and represent to Live Intent that you have all rights, title and interests necessary to provide such User Content to Live Intent, and that your provision of the User Content to Live Intent shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
Live Intent makes no warranties, express or implied, with regard to the Sites, their operation, or your use of the Sites, including but not limited to warranties of merchantability or fitness for a particular purpose. Live Intent makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Sites, Twitter or other services that you may access via the Sites, the Internet, or other technology utilized to present, access or utilize the Sites, nor does it warrant that the Sites shall be free of computer viruses or other malicious content. Live Intent reserves the right to modify, suspend or discontinue the offering of the Sites at any time for any reason without prior notice. Further, while Live Intent utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Sites.
IN NO EVENT SHALL LIVE INTENT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS OR THE SITES, EVEN IF LIVE INTENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL LIVE INTENT’S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS OR THE SITE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT(IF ANY)PAID BY YOU TO LIVE INTENT IN CONNECTION WITH THE SITES.
Live Intent may provide links to third party Web sites or services from the Sites. Such links are provided for your convenience, and do not necessarily constitute an endorsement by Live Intent of such sites or an affiliation between Live Intent and the owners of such sites, nor shall Live Intent be liable for the contents of such sites. Live Intent will also not be liable for any errors in such links, or for any malfunction of such links.
To the extent that Live Intent shall offer any sweepstakes or other prize promotions(“Promotions”)via the Site, such Promotions shall be subject to the rules published with the Promotions, which will be in addition to these Terms. Similarly, to the extent that Live Intent may provide you with an opportunity to obtain software or other proprietary content owned by Live Intent or a third party, such content may be subject to its own license agreement, in addition to these Terms.
By using these Sites, you agree to indemnify and hold harmless Live Intent, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense(including, without limitation, reasonable attorneys’ fees and costs of any investigation or preparation)arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you or an account or computer owned by you of the Sites or the Content or your provision of User Content to Live Intent.
These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Sites shall be the state and federal courts located in New York City, New York.
The provisions regarding ownership, disclaimers, indemnification, governing law and forum set forth above will survive any termination of these Terms. All notices to Live Intent in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.