Terms of Service
Acceptance of Terms
Welcome to the LiveBinders website. LiveBinders provides its service to you subject to the following Terms of Service ("Terms"), which may be updated by us from time to time and without notice.
Description of Service
The following Terms govern your use of the LiveBinders.com Web sites, applications, LiveBinders Tools, and LiveBinders Platform (defined below) (collectively, the "Services."). Please review the following Terms carefully. BY USING THE SITE, YOU ARE AGREEING ELECTRONICALLY TO THESE TERMS AND CONSENT TO THE TERMS OF OUR PRIVACY POLICY DESCRIBE BELOW. If You do not agree to these Terms, please do not use the Services. The terms "LiveBinders", "us", "we" or "our" refers to LiveBinders, Inc., the owner of the Services. The term "You" or "Your" refers to the person accessing or using the Services, or the company or organization on whose behalf that person accesses the Services.
Our Services
The Services include a LiveBinders platform that allows You to create, store, utilize, add, view and share content in real time on the LiveBinders site as well as third party sites using our proprietary platform (the "LiveBinders Platform"). In order for us to provide You with the Services, You understand and agree that You (i) allow LiveBinders to retrieve, distribute and access Your Content (as defined below) as well as (ii) combine Your Content with our proprietary platform, which may include our sharing, tracking and other capabilities (the "LiveBinders Tools"). One of the basic functions of the Services is to enable distribution of Your Content, and as such, You authorize us to reference and distribute Your Content on the Services and to other various delivery points.
Your Account
You will need to create an account with us in order to have access to certain restricted areas of the Services. You can create an account by following the registration instructions provided on the Services. If You choose to register, You agree to provide only accurate, complete registration information about yourself, and You will keep that information up-to-date if it changes. We may refuse the use of any user name that we determine is unacceptable and we may reject in our sole discretion any request to open an account. You must be at least 13 years old to register an account. Each registration is for Your personal use of the Services. Access and use of the Services are not authorized by any other person or entity using Your registration, and You are responsible for preventing such unauthorized use. You are responsible for all activity occurring under Your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data.
Modifications to Service or Terms
We retain all rights to determine the features and capabilities included as part of the Services. We may include features and capabilities that link to third-party services, content, advertisements, applications, widgets or websites from the Services.
We reserve the right to modify, suspend, or discontinue all or any aspect of the Services from time-to-time, with or without notice to You, and we are not liable to You or any third party should we exercise such right. We may from time-to-time modify the Terms, which will take effective after we post or otherwise notify you about material changes to the Terms. If You object to any such changes to the Services or the Terms, Your sole recourse is to discontinue using the Services. Continued access and/or use of the Services following notice of any such changes shall indicate Your assent to and acceptance of such changes.
Third Party Sites
The LiveBinders Tools may contain links to third party content, websites, advertising, applications or widgets that are not owned or controlled by LiveBinders. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites, advertising, applications or widgets. In addition, LiveBinders will not and cannot censor or edit the content of any third-party website, advertisement, application or widget. By using the Services, You expressly relieve LiveBinders from any and all liability arising from Your use of any third-party content.
No Fees for Basic Services; Advertising
We do not charge a fee to access our basic Services. The basic Services may in the future be supported by advertising. As consideration for using the Services, you consent to our placement of such advertising. LiveBinders has the sole discretion in its choice and placement of advertising. All advertising space and corresponding advertising revenue on the Services shall belong to LiveBinders. We may make additional premium or advertising-supported Services available to You from time to time and such additional services may be subject to different terms and fees. We will make such additional terms and/or fees known to You before utilizing any additional Services.
Your Content
Your content may now or in the future include but is not limited to web links, videos, images, text, text documents, photos, graphic designs, advertisements, sponsorships and/or other types of content submitted by You or others enabled by You ("Your Content").
You shall be solely responsible for Your Content and the consequences of posting or publishing such content. In connection with Your Content, You affirm, represent, and/or warrant that: (i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize LiveBinders to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Your Content to enable inclusion and use of the Your Content in the manner contemplated by our Services and these Terms; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in the manner contemplated by our Services and these Terms. For clarity, You retain all of Your ownership rights in Your Content. However, by placing the Your Content in the LiveBinders Tools, You hereby grant LiveBinders a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, store, reproduce, reformate, distribute, transmit, prepare derivative works of, display, and perform Your Content in connection with our Services and LiveBinders (and its parent and successor's) business, including without limitation for promoting and redistributing Your Content (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user accessing Your Content a non-exclusive license to access Your Content, and to use, reproduce, distribute, display and perform Your Content. The foregoing license granted by You terminates once You block access to, remove or delete Your Content.
In connection with Your Content, You further agree that You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant LiveBinders all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage LiveBinders or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) impersonate another person. LiveBinders does not endorse any of Your Content or any opinion, recommendation, or advice expressed therein, and LiveBinders expressly disclaims any and all liability in connection with Your Content. LiveBinders shall have no obligation to monitor content and materials offered via the Services, although LiveBinders reserves the right to spot check for violations and take such action as LiveBinders deems necessary in its sole discretion. LiveBinders does not condone copyright infringing activities and infringement of intellectual property rights throughout its Service, and LiveBinders will remove Your Content if properly notified that Your Content infringes on another's intellectual property rights. LiveBinders will also suspend and/or terminate a user's access to our Service, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has Your Content removed more than twice. LiveBinders also reserves the right to decide whether Your Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to obscene or defamatory material. LiveBinders may remove Your Content and/or suspend or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
LiveBinders Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://livebinders.com/welcome/privacy You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.
General Rules of User Conduct
To make the use of our Site and Services a good experience for all of our users, so You agree not to do any of the following:
- Conduct or promote any illegal activities while using the Services;
- Upload, post, transmit or otherwise make available on or through Your Your Content any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors in any way, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a LiveBinders official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the LiveBinders Platform (including the tools, methods, processes, and infrastructure) that enables or underlies the Services;
- Modify, change or alter in any way, the proprietary content of a third party using the LiveBinders Platform;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Attempt to gain access to secured portions of the Site to which You do not possess access rights; Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Site or Services to generate unsolicited email advertisements or spam; or Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services.
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside.
Data Rights
In order to provide certain Services, You must allow us to use raw data related to the use and distribution of Your Content ("Data") that will be collected as part of the Services. You hereby grant LiveBinders a non-exclusive, perpetual, worldwide and irrevocable right and license to utilize the Data to track, extract, compile, synthesize, aggregate, and analyze such Data, including, but not limited to, the creation of anonymous and promotional tracking data ("Tracking Data"). We reserve the right to use, reproduce, distribute and display Tracking Data, in our sole discretion.
Indemnity
You agree to indemnify and hold LiveBinders and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your LiveBinders ID), use of the Service, or access to the Service.
Termination
You agree that LiveBinders may, under certain circumstances and without prior notice, immediately terminate your LiveBinders account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made in LiveBinders's sole discretion and that LiveBinders shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because LiveBinders has no control over such sites and resources, you acknowledge and agree that LiveBinders is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LiveBinders shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Disclaimers of Warranty
THE SERVICES ARE PROVIDED ON AN "AS IS, " "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVEBINDERS, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. LIVEBINDERS, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SITE, LIVEBINDERS PLATFORM, OR SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIVEBINDERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIVEBINDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to You under any of those intellectual property rights by virtue of these Terms. You further acknowledge and agree that LiveBinders retains ownership and control over the "look and feel" and substance of the Services. We reserve all rights that are not expressly granted to You in these Terms.
As between You and us, You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Your Content, Data and Tracking Data. You grant us a non-exclusive, royalty-free, fully paid, worldwide license, under any and all of Your intellectual property rights related to Your Content and Data, to the extent necessary for us to provide and promote the Services, including, but not limited to the display, promotion and distribution of Your Content. Further, You grant us a non-exclusive, royalty-free, fully-paid, worldwide, irrevocable license to use, reproduce, adapt, modify, publish, translate, create derivative works from, communicate to the public and display the Tracking Data.
General Information
Entire Agreement. The Terms constitutes the entire agreement between you and LiveBinders and governs your use of the Service, superseding any prior agreements between you and LiveBinders with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other LiveBinders services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and LiveBinders shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and LiveBinders agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California.
Waiver and Severability of Terms. The failure of LiveBinders to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your LiveBinders account is non-transferable and any rights to your LiveBinders ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Copyright/Trademark Information
Copyright © 2006-2010 LiveBinders, Inc. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the website Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Last Updated: 01 January 2010