| Terms And Conditions |
1. Your Acceptance 2. Links The Website may contain links to third party websites that are not owned or controlled by Liveleak. Liveleak is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Liveleak will not and cannot censor or edit the content of any third-party site. For advertisements, we hold the right to reject or request changes for any advertisements on Liveleak for any reason. By using the Website, you expressly release Liveleak from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit. 3. Website Access Liveleak hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without Liveleak's prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Liveleak immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Liveleak or others due to such unauthorized use. Liveleak will not be liable for your losses caused by any unauthorized use of your account. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the Liveleak servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Liveleak grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Liveleak reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below). Liveleak has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause. 4. Intellectual Property Rights The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Liveleak. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without Liveleak's prior written consent. Liveleak reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website. 5. User Submissions The Website facilitates the submission of videos or other Content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Liveleak does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize Liveleak to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms & Conditions; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms & Conditions. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Liveleak, you hereby grant Liveleak, in addition to any other rights which it has pursuant to any other program established by Liveleak, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and Liveleak's (and its successor's) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). You 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 User Submission and to grant Liveleak all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Liveleak or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. Liveleak does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Liveleak expressly disclaims any and all liability in connection with User Submissions. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Liveleak is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Liveleak with respect thereto, and agree to indemnify and hold Liveleak, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21). For further details please review our FAQ page We respect the intellectual property rights of all parties, and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available on request to our customers or subscribers 6. Limitation of Liability IN NO EVENT SHALL LIVELEAK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIVELEAK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LIVELEAK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 7. Indemnity You agree to defend, indemnify and hold harmless Liveleak, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website. 8. Ability to Accept Terms & Conditions You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. 9. Assignment These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Liveleak without restriction. 10. General You agree that: (i) the Website shall be deemed solely based in Virginia; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Liveleak, either specific or general, in jurisdictions other than the State of Virginia. These Terms & Conditions shall be governed by the internal substantive laws of the State of Virginia, without respect to its conflict of laws principles. Any claim or dispute between you and Liveleak that arises in whole or in part from the Website or these Terms & Conditions shall be decided exclusively by a federal or state court of competent jurisdiction located in Virginia. These Terms & Conditions, together with the Privacy Policy at www.liveleak.com/privacy and any other legal notices published by Liveleak on the Website, shall constitute the entire agreement between you and Liveleak concerning the Website. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Liveleak reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND LIVELEAK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LIVELEAK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. |
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