Livingrm Terms of Service (draft)
By using the Livingrm.com (the "Service"), a service of Livingrm Inc.. ("Livingrm"),
you accept the following terms and conditions (the "Terms of Service"). Please
also be aware of the Privacy Policy located on Livingrm.com. Usage of the
service is also governed by the privacy policy. In case of inconsistency between
the TOS and the privacy policy, these terms of service shall prevail.
General Conditions
- You must be at least 13 years of age to use the Service.
- You agree to keep your password secure.
- You are solely responsible for any activity that occurs under your screen name and account.
- You must not harass, intimidate, threaten or impersonate other Livingrm users.
- You agree not to engage in any illegal or unauthorized conduct and agree to comply with all local laws that may be applicable to you regarding acceptable online conduct, behaviour and content usage.
- You are solely responsible for any data, screen names, graphics, photos, profiles, audio and video clips, links and any other content (the "Content") that you submit, post and display on Livingrm.
- We may, but have no obligation to, remove Content and accounts containing
Content that we consider in our sole discretion being unlawful, offensive,
threatening, obscene or otherwise objectionable or violate any party's
intellectual property rights. While Livingrm prohibits such Content on the site,
you understand and agree that the Content posted on the Livingrm Service by its
users is not necessarily reviewed by Livingrm and Livingrm cannot be held
responsible for this Content.
- You agree to indemnify, defend and hold Livingrm harmless from and against
any and all claims, damages, losses and expenses (including but not limited to
reasonable legal fees) relating to any acts by you, including but not limited
to any Content submitted by you, in connection with using the Service,
resulting in claims against us by other users or third parties.
- You agree not to modify, adapt or hack the Livingrm Service, transmit any
worms or viruses or any code of a destructive nature.
- You agree not to modify another website so as to falsely imply that it is
associated with the Livingrm Service.
- You agree not to send any unsolicited commercial messages to any Livingrm
users. (ie "Spam")
- We reserve the right to modify or terminate the Service, and to refuse the
Service to anyone, for any reason, with or without notice, at any time.
- You agree that we may reclaim usernames on the Service on behalf of
businesses or individuals who hold legal claim or trademark on those
usernames.
- These Terms of Use shall be governed by the laws of United States.
Copyright
The Service is protected by copyright, trademark, trade secrets and other
intellectual property rights of Livingrm. You agree to use the Service pursuant
to these Terms of Use, and not to reproduce, modify, translate, distribute,
sublicense, or create derivative works based on, the Service in any form
unless otherwise expressly provided in these Terms of Service.
We claim no ownership of any intellectual property rights over the Content
that you upload to the Service. Any intellectual property rights in the
uploaded Content belong solely to you (or your licensors). However, by
uploading the Content to the Service, you grant Livingrm a non-exclusive,
royalty-free, worldwide, perpetual and irrevocable right to use, reproduce,
modify, distribute, sublicense, and prepare derivative works of, such Content,
in any format or medium now known or later developed, solely on and through
the Service, subject to these Terms of Service and our privacy policy. You
represent and warrant that you have sufficient rights to grant this license.
You can remove your profile at any time by deleting your account. This will
also remove any text and images you have stored on the Service.
We will review all claims of copyright infringement received and remove
the Content deemed to have been posted or distributed in violation of any such
laws. To make a claim, please provide us with the following:
- A description of the copyrighted work that you claim has been
infringed;
- Info sufficient to enable Livingrm to locate the allegedly
infringing Content on the Service;
- Your address, phone number and email address;
- Statement by you that you have good faith belief that the use of the
Content is not authorized;
- Statement by you that the info in your notification
is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf; and
- A signature of the person authorized to act on behalf of the owner
of the copyright interest.
Claims can be sent to copyrightcomplaints (at) livingrm.com or by snail mail to
Livingrm.com
Limitation of Liability
- The Service and the Software are made available to you for your
convenience on an "as is" and "as available" basis. LIVINGRM DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY,
RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE
OR THE CONTENTS OF THE SERVICE OR THE SOFTWARE. Livingrm does not warrant or
represent that the Software will be free of all viruses. You understand that
the Service and the Software are still alpha/beta versions and may not perform
with complete functionality, may be undergoing testing, may be inconsistently
available, may have software "bugs" and may have other issues affecting
availability and functionality. In addition to all other disclaimers and
limitations of liability contained in these Terms of Use, you specifically
agree that Livingrm is not liable for any of the above issues. Moreover, you
understand that Livingrm does not warrant or represent that the Service and/or
the Software will work on all mobile phones, will be compatible with all
mobile phone networks and/or will be available in all geographical areas.
- LIVINGRM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT,
INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY
TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO
THE GREATEST EXTENT PERMITTED BY LAW.
- If you are dissatisfied with the Service or the Software, or have any
other disputes or claims with or against Livingrm with respect to the Service or
the Software or these Terms of Use, then your sole and exclusive remedy is to
discontinue using the Service and/or the Software.
Modification of these Terms of Use
We are continuously developing the features and functionality
of Livingrm. Consequently, we reserve the right to modify these terms of
service at any time at our sole discretion. You agree to be bound to such
alterations when you use Livingrm and the alterations shall be effective at the
time of posting on Livingrm.com. It is important that you review these Terms
of Service regularly on Livingrm.com to ensure you are updated on any modifications
to these terms. If you are dissatisfied with or do not agree to abide by
any altered Terms of Service, your sole remedy should be to close your account
on Livingrm and discontinue use of our service.