TERMS Effective Date: December 03, 2015 LIVEVOLUTION is a division of Signed to Myself LLC (S2M) Terms of Use Agreement
Welcome to our website located at livevolution.com (the “Site”). The Site is provided by Signed to Myself LLC, known as S2M (“The Multimedia Company,” “we,” “us” “our” and S2M) and allows you to: (a) participate in interactive features that we may make available from time to time; or (b) simply view the Site. We prepared this LIVEVOLUTION Terms of Use Agreement (this “Agreement”) to help explain the terms that apply to your use of the Site. By accessing this web site, you are agreeing to be bound by the Site Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in the Site are protected by applicable copyright and trademark law. 1. Updates to this Agreement. We may modify this Agreement periodically. There will be no notification of agreement changes. The Effective Date above will be edited to inform you of changes. If you do not agree with the proposed changes, you should discontinue your use of the Site prior to the time the new Agreement takes effect. If you continue using the Site after the new terms take effect, you will be bound by the modified Agreement. 2. Privacy Policy. In connection with your use of the Site, please review our Privacy Policy to understand how we use information we collect from you when you access, visit or use the Site. The Privacy Policy is part of and is governed by this Agreement and by agreeing to this Agreement, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Our advertising and/or analytics partners may also use cookies in order to deliver targeted advertising to you. Other companies that advertise on the Site also have the ability to deposit a different cookie on your computer in a process that we do not control. The Site maintains no liability for the depositing of such cookies, and all Users of the Service release the Site of all liability with respect to third party cookies. 3. Use License. When you use the Site, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Site and your use of services available on the Site do not violate any applicable law or regulation; (c) you are 13 years of age or older; and (d) you will comply with the rules for online conduct and making Contributions (as defined in Section 4 below) to the Site, as discussed in Section 4 below, (e) you are of sufficient legal age or otherwise have legal capacity to legally enter into this Agreement, and (f) you will use the Site in compliance with applicable law. Permission is temporarily granted to download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Site at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 4. User Contributions. If you submit comments and content to the Site, including written content, sound recordings, photos and videos (collectively, “Contributions”), you are entirely responsible for the content of, and any harm resulting from, any Contributions that you post on or through the Site. When you create or make available a Contribution on or through the Site, you represent and warrant that you: (a) own or have sufficient rights to post your Contributions on or through the Site;(b) will not post Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;(c) have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees and any other monies required to be paid in connection with Contributions that you post to or through the Site;(d) will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, hateful, racially or ethnically offensive, threatening, violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;(e) will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than our products and services); and (f) will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party. 5. Prohibited Activities. In addition to the obligations described, you agree that you in connection with your use of the Site, you will not:(a) use the Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site without our express written consent; (b) transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including without limitation, hacking into the Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;(c) impersonate any other person or entity, sell or let others use your information to access the Site, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;(d) decompile, disable or otherwise interfere with security related features of the Site. 6. Ownership of Contributions. We do not claim any ownership rights in the Contributions that you post on or through the Site. After posting your Contributions on the Site, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below. 7. Grant of License for Contributions. We need a license from you so that we can use your Contributions on the Site or elsewhere. By making a Contribution to the Site, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sub licensable (so that we can use affiliates, subcontractors and other partners such as wireless carriers and hosted service providers to make the Site available to you) and worldwide (because the Internet, the Site are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution in connection with the Site, our business or the promotion thereof in any media formats and through any media channels now known or hereafter devised. This license does not grant us the right to sell your Contributions. If you remove your Contributions from the Site, we will cease use of your Contributions as soon as practicable; however, you understand and agree that we may retain archived copies of your Contributions. 8. Our Intellectual Property Rights. All of the content on the Site (“Materials”) and the trademarks, service marks, and logos contained on the Site, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Site and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights not expressly granted in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademarks, copyright and other proprietary notices contained in and on the Materials. You further agree not to access the Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. 9. Our Right to Manage the Site. We reserve the right, but do not undertake the obligation to: (a) monitor or review the Site for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you; (d) manage the Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site; (e) screen our users or members, or attempt to verify the statements of our users or members and/or (f) monitor disputes between you and other users or to termination or block you and other users for violations of this Agreement. 10. Orders for Products and Services. We may make certain products available to visitors and registrants of the Site. For example, you may be able to order certain music-related products and/or licenses through the Site. You may only do so if, and you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit card or PayPal account. You agree to pay all applicable taxes and shipping costs. If payment is not received by us from your credit card issuer or its agents, you agree to pay all amounts due upon demand by us. 11. Third Party Websites. The Site may contain links to websites operated by third parties (“Third Party Sites”). Some of these Third Party Sites may be “co-branded” with our logos, for example our Facebook and Twitter pages which you can access through links on the Site, and you may be able to share Materials or other information with Third Party Sites through links on the Site, for example, you may be able to post Materials to your Twitter or LinkedIn account; however, these Third Party Sites are not operated or maintained by us. We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links on the Site does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. This agreement does not apply to third party sites. Before visiting a third party site through links or other means provided on the Site, users should review the third party site’s Terms and Conditions, Privacy Policy and all other site documents, and inform themselves of its regulations, policies and practices. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The Site has not reviewed all included links and is not responsible for the contents of any such linked site. Use of any third party links is at the user’s own risk. 12. Revisions. The materials appearing on the Site could include technical, typographical, or photographic errors. The Site does not warrant that any of its included materials are accurate, complete, or current. The Site may make changes to its materials at any time without notice, but does not make any commitment to update the materials. 13. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. 14. Interactions with other Users. You are solely responsible for your interactions with other users of the Site. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site and that you give to other users of the Site. You are discouraged from publicly posting the following information on the Site: your telephone numbers and street addresses. Information posted to the Site by other users of the Site may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. 15. Term. This Agreement shall remain in full force and effect while you use the Site. You may terminate your use or participation at any time, for any reason, by ceasing to use the Site. We may also, in our sole discretion, limit, suspend, or terminate the Site or prohibit access to it. 16. Survival. Even after you cease using the Site or following termination, the provisions set forth in this Agreement will remain in effect. 17. Copyright Policy. As a proud collective of creatives, the Site considers the protection of to be of utmost importance. We have been granted licensing and provisions to share our content with you. All materials, content and forms contained on the Site have been licensed or are the intellectual property of the Site. You may not copy, reproduce, distribute or display the Site’s content without our permission. 18. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in section, shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 19. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Manassas, Virginia. The parties expressly consent to exclusive jurisdiction in Manassas, Virginia for any litigation other than small claims court actions. 20. Applicable Law. You agree that federal laws and the laws of the State of Virginia, without regard to principles of conflict of laws, will govern this agreement and any claim or dispute that has arisen or may arise between you and the Site. 21. Disclaimer of Warranties (a) ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SITE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS AND USE OF OUR SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. 22. Limited Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $40. 23. Exceptions to Disclaimers and Liability Limitations. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 24. Indemnity. You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors 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 the Site, Content or Materials in violation of this Agreement or applicable law, or otherwise in connection with the Content you submit to the Site, and/or any breach of your representations and warranties set forth above. 25. Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof. 26. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 27. Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of the applicable right or provision. 28. Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. 29. Contact Information. If you have any questions about this Agreement you may contact us by email at officiallivevolution@gmail.com or by postal mail at Signed to Myself LLC S2M, PO Box 194, Gainesville, VA 20156.