Terms of Use

Please read the following Terms of Use carefully before using www.LivesOn.live or any website or application powered by LivesOn LLC.

1. APPLICABILITY & ACCEPTANCE OF THESE TERMS OF USE

By downloading, viewing, using, accessing, browsing, or submitting any content or material on or to the Services, you agree to these Terms of Use as a binding legal agreement between you and LivesOn, LLC, without limitation or qualification.

If you do not agree to these Terms of Use, you may not use the Services. LivesOn, LLC reserves the right to modify these Terms of Use at any time without prior notice. You agree that each time you access the Services, you shall be subject to the then-current Terms of Use, and continued use of the Services now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

2. USER LICENSE

Scope: LivesOn, LLC grants you permission to view the Services and to download, integrate via authorized social media application, email, or print individual pages of the Services in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database or cache. You may not re-publish, transmit, display, perform, reproduce, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained through the Service, except as specifically noted above or granted by LivesOn, LLC

Except as specifically authorized by LivesOn, LLC, you may not access the Services with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Services or any information, content, or material from the Services. LivesOn, LLC reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Services or any content contained therein, whether in whole or in part, except as provided herein.

Any rights not expressly granted herein are reserved.

User Conduct: You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations. You also agree:

Harm from Commercial Use: You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.

3. SERVICES CONTENT

Nature of User Material: Some of the Services allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, "Submit"), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, "Material") to any portion of the LivesOn Platform and Celebration Pages, or other purposes. You agree not to Submit any Material that:

User Representations and Warranties: Each time you Submit Material to the Services, you represent and warrant that you have the right to Submit the Material, which means:

User License Grant to LivesOn, LLC: You grant LivesOn, LLC, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to LivesOn, LLC in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorizeLivesOn, LLC to include the Material you provide in a searchable format that may be accessed by users of the Services and other websites. You also grant LivesOn, LLC and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant LivesOn, LLC the right to use the Material and any facts, ideas, concepts, know-how or techniques ("Information") contained in any Material or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Services without the need for additional compensation of any sort to you. LivesOn, LLC does not claim ownership of Material you Submit to the Services.

Disclaimer of Responsibility for Material: You acknowledge and agree that LivesOn, LLC does not control the Material Submitted to a Celebration Page or any other Service permitting user-generated Material or content, and disclaims any responsibility for such Material. LivesOn, LLC specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Celebration Page. In addition, LivesOn, LLC does not represent or warrant that any other content or information accessible via the Services is accurate, complete, or current. Price and availability of information is subject to change without notice. LivesOn, LLC assumes no responsibility or liability for any errors or omissions in the content of the Service.

Review & Removal of Material: LivesOn, LLC reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Celebration Page available through the Service for any reason or no reason whatsoever, in its absolute and sole discretion. In cases in which payment has been made for an Online Memorial that has been removed for reasons other than a breach of 2(b), 3(a) or 3(b) above, LivesOn, LLC, will issue a full refund.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or Material hosted by the Services infringes your copyright, you (or your agent) may send LivesOn, LLC a notice requesting that the content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow LivesOn, LLC to locate the content or Material within the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or Material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Service should be sent to LivesOn, LLC (support@liveson.live). LivesOn, LLC suggests that you consult your legal counsel before filing a notice or counter-notice. Also, be aware that penalties can be incurred for false claims under the DMCA. We reserve the right to terminate the account of any user who infringed on copyrights.

Proprietary Rights: You acknowledge and agree that the Services contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of LivesOn, LLC All designs, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Services are © 2019 LivesOn, LLC, all rights reserved.

4. TERMINATION AND MODIFICATIONS TO THE SERVICES

LivesOn, LLC reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Celebration Page available through the Service for any reason or no reason whatsoever, in its absolute and sole discretion. In cases in which payment has been made for an Online Memorial that has been removed for reasons other than a breach of 2(b), 3(a) or 3(b) above, LivesOn, LLC, will issue a full refund.

5. INDEMNITY

You agree to indemnify and hold LivesOn, LLC, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including reasonable attorneys' fees, made by anyone in connection with your use of the Services, with Material or Information you Submit on or through the Services, with any alleged infringement of intellectual property or other right of any person or entity relating to the Services, your violation of these Terms of Use, and any other acts or omissions relating to the Services.

6. DISCLAIMER OF WARRANTIES

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE SERVICES (WHETHER PROVIDED BY LIVESON LLC, YOU, OTHER USERS, AND OTHER AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIVESON LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL LIVESON LLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF LIVESON LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES. LIVESON LLC ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES. LIVESON LLC ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL LIVESON LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO LIVESON LLC, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND LIVESON LLC AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND LIVESON LLC AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, EXCEPT AS MAY BE PROVIDED FOR IN SECTION 7(A) ABOVE.

8. CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT OR SERVICES

You may cancel or terminate your password, account and/or use of the Services, with or without cause at any time, upon providing written notice to LivesOn LLC If you cancel or terminate your account or any Services or upon expiration of your account or service, your cancellation/termination/expiration will take effect immediately. Upon termination, your right to use your account or subject Services immediately ceases. Your notice to LivesOn LLC of cancellation or termination must be sent via email or conventional mail to LivesOn LLC address as set forth in these Terms of Use.

LivesOn LLC, in its sole and absolute discretion, and at any time and with or without prior notice to you. may suspend, cancel, transfer, or terminate your password, account, any site within an account and/or use of any Services for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, LivesOn LLC's resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or LivesOn LLC's belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use). In the event of a dispute or conflict among, or complaint from, users of the Services about another's right to establish, use, or maintain an account or Services, LivesOn LLC reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.

Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any Services, you will have no right to any Material or Information you Submitted, and LivesOn LLC may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information contained therein (including but not limited to any Celebration Page). LivesOn LLC accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Information you Submit, and/or use of any Services, will be terminated at LivesOn LLC's discretion. You agree that LivesOn LLC shall not be liable to you or any third-party for any termination of your access to any Services.

Upon suspension, cancellation, or termination of your account or your use of any Service (for whatever reason), there shall be no refund of money you paid to LivesOn LLC.

In connection with LivesOn Celebration Pages, the following terms shall also apply:

9. PERMANENCE OF MATERIAL

Subject to its suspension, cancellation, and termination rights and rights to remove Material, LivesOn LLC represents that each Celebration Page sponsored as "permanent" will remain available through the Services for the duration of LivesOn LLC's existence, and that each Celebration Page sponsored as "two years" will remain available through the Services for two years from the date of payment, unless: (a) the Services cease to exist in whole or in part during the relevant period; or (b) acts or events beyond the reasonable control of LivesOn LLC cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Services or a Celebration Page that you sponsored, or any other service to which you subscribed. You may at any time ask LivesOn LLC to delete without charge a Celebration Page that you sponsored or purchased.

10. MINORS

The consent of a parent, guardian or educational supervisor shall be required before a Minor can use the Services. Use of the Services is confirmation that the person is an adult or a Minor who has received permission from a parent, guardian or educational supervisor to use the Services. A parent, guardian or educational supervisor will be responsible for any activities of a Minor in connection with the Services regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Services.

Pursuant to 47 U.S.C. Section 230 et seq, as amended, LivesOn LLC hereby notifies You that parental control protection (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting material that is harmful to Minors. Information identifying current providers of such protections is available at the web site America Links Up

11. YOUR ACCOUNT, PASSWORD, AND SECURITY

Some elements of the Services (such as the creation of a Celebration Pagel) may require you to register and/or create an account with LivesOn.Live. During this process, you must select an account designation and password and provide certain personal information to LivesOn LLC, including a valid email address. In consideration of the use of LivesOn LLC's Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LivesOn LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LivesOn LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify LivesOn LLC of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. LivesOn LLC will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.

12. LINKS AND FARMING

As a courtesy to you, the Services may offer links to other websites. Some of these websites are affiliated with LivesOn LLC while others are not. LivesOn LLC is not responsible for any content of any website pages created and maintained by organizations independent of LivesOn LLC. If you visit any such third-party websites, you may do so at your own risk. LivesOn LLC has no control of third-party websites, nor can it guarantee the accuracy of information presented on them. Your use of such information is voluntary, and your reliance on such information should be made only after an independent review. References to commercial products or services within any such third-party website do not constitute or imply an endorsement by LivesOn LLC. By using the Services, you acknowledge that LivesOn LLC is not responsible for the content or services provided by any third-party websites.

14. CONSIDERATION

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of data, content, products, services, Material and Information available at or through the Services, the possibility of our review, use or display of your user-generated content, and the possibility of publicity and promotion from our review, use or display of your user-generated content.

15. THIRD PARTY SOFTWARE

If you elect to download or access any third-party software that LivesOn LLC makes available in connection with the Services, you understand that you may have to agree to that third-party provider's terms of use or license before you use such software. You also agree that the use of any third-party software or content obtained in connection with the Services does not transfer to you any rights, title or interest in or to such software or content, and you agree that you will not use any such software except as expressly authorized under that third-party provider's terms of use or license agreement. By downloading software made available through the Services, you are deemed to agree to the third-party provider's terms of use or license agreement, the terms of which are incorporated by reference herein for the benefit of such third-party providers. If you do not agree to the third-party's terms of use or license agreement, do not download its software.

16. JURISDICTION, APPLICABLE LAW, AND LIMITATIONS

The Services are created and controlled by LivesOn LLC in the State of Delaware, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of New York, without regard to its conflicts of law provisions. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. LivesOn LLC makes no claims or assurances that the Services are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use or the Services must be filed in a federal or state court located in New York, NY, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

17. GENERAL

Enforceability: If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

Entire Agreement: Except as expressly provided in a particular

No Waiver: The failure of LivesOn LLC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

Headings & Construction: The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

Contact. For purposes of providing notice of cancellation or termination, contact LivesOn LLC, support@liveson.live

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