Terms and Conditions

terms of service

Terms And Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TOU”) CAREFULLY BEFORE USING THIS WEB SITE (however accessed and used, whether via personal computer, mobile device or otherwise; or other features that are accessible or downloadable through this Web Site or other sites that link to this Web Site (collectively, the “Web Site”)). Your use of this Web Site is subject to these TOU and by using this Web Site, you signify your agreement to these TOU. If you do not agree to these TOU, do not use this Web Site. Live may modify these TOU at any time.

Description of Web Site Services

Live Autographs, Inc. (“Live”) provides users with access to a rich collection of resources, including various communication tools, online forums, shopping services, personalized content and branded programming, through its network of properties which may be accessed through various medium or device now known or hereafter developed (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these TOU. In some instances, these TOU and a separate end user license or similar agreement will apply to a service or product offered by Live. We may add, change, remove, suspend or discontinue any aspect of the Web Site at any time without notice. We may also impose limits on certain features and services or restrict access to parts or all of the Web Site without notice or liability. In order to use the Web Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.).

Intellectual Property Ownership; Restrictions on Use of Materials

The past, present and future content of the Web Site, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Site, including, without limitation, the “look and feel” of the Web Site (collectively, “Content”) are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the property of Live or its licensors. Except as expressly set forth in these TOU or otherwise expressly granted to you in writing by Live, no rights (either by implication, estoppel or otherwise) are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Web Site. Copying, archiving or storing any part of the Web Site for a purpose that is not permitted by these TOU is expressly prohibited without the prior written permission from Live or the applicable copyright holder as identified on the Web Site.

Disclaimers and Limitation of Liability

Live may change, move or delete portions of, or may add to, this Web Site from time to time. THE MATERIALS IN THIS SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW. LIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIVE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS WEB SITE. LIVE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS WEB SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT LIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIVE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR ANY DOWNLOADED MATERIALS, EVEN IF LIVE OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIVE'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO LIVE, IF ANY, FOR PRODUCTS PURCHASED ON THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Links to Other Web Sites

Live may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Live has no control over such sites and resources, you acknowledge and agree that Live 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 Live 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.

Acceptable Use

You will not use the Web Site to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a Live official, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; h. 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; i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k. "stalk" or otherwise harass another; and/or l. collect or store personal data about other users. You acknowledge that Live may or may not pre-screen Content, but that Live and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Web Site. Without limiting the foregoing, Live and its designees shall have the right to remove any Content that violates these TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Live or submitted to Live. You acknowledge, consent and agree that Live may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Live, its users and the public. You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Web Site and software embodied within the Web Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Live and/or content providers who provide content to the Web Site. You may not attempt to override or circumvent any of the usage rules embedded into the Web Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Web Site, in whole or in part, is strictly prohibited.

Submissions; Personal Video Messages

Should any viewer of a document on the Web Site respond to Live with information including feedback data, such as questions, comments, suggestions, or the like regarding the Web Site, or the Content , or should any user of the Web Site provide to Live any questions, comments, suggestions or other feedback or other data, or provide to Live a question, message or greeting to be spoken by a celebrity in a personal video message (all of the foregoing individually and collectively referred to as “Submissions”), such Submissions shall be deemed to be non-confidential and Live shall have no obligation of any kind with respect to such Submissions. In addition, Live shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the Submissions to others without limitation, and to authorize others to do the same. Further, Live shall be free to use any ideas, concepts, know-how or techniques contained in such Submissionsfor any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such Submissions. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by Live’s Privacy Statement. Users of the Web Site may, from time to time, provide to Live a greeting, message or question that they wish a celebrity to repeat or to answer. LIVE EXPRESSLY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO REFUSE TO UTILIZE A PARTICULAR GREETING, MESSAGE OR QUESTION, AND INSTEAD, TO AMEND, IN WHOLE OR IN PART, OR TO REPLACE, A GREETING, MESSAGE OR QUESTION SUBMITTED TO LIVE IN CONNECTION WITH A CELEBRITY EXPERIENCE EVENT. FURTHER, CELEBRITIES MAY NOT MENTION BUSINESSES, COMPANIES, ORGANIZATIONS, ETC. IN THEIR MESSAGES. In consideration of Live’s continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to Live without any compensation. You agree to execute any and all documents that Live may reasonably request in connection with confirming Live's ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

Indemnity

You agree to indemnify and hold Live 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 Web Site, your use of the Web Site, your connection to the Web Site, your violation of the TOU, or your violation of any rights of another.

Third Party Content and Information

This Web Site contains Content that is provided for your convenience and enjoyment. Third parties provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information and inadequacies and that the Content may be subject to terms and conditions which may be found on the Web Site or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Live shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web Site.

Termination

This Agreement is effective unless and until terminated by either you or Live. You may terminate this Agreement at any time by no longer using this Web Site, provided that all prior uses of this Web Site shall be governed by this Agreement. Live may terminate this Agreement at any time and without notice, and accordingly deny you access to this Web Site, in Live's sole discretion for any reason, including, but not limited to (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Web Site (or any part thereof), (d) unexpected technical or security issues or problems, (e) engagement by you in fraudulent or illegal activities, and/or (f) nonpayment of any fees owed by you in connection with the Web Site. Upon any termination of this Agreement by either you or Live, you must promptly destroy all materials downloaded or otherwise obtained from this Web Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise..

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these TOU, there shall be no third-party beneficiaries to this Agreement.

Notice

Live may provide you with notices, including those regarding changes to the TOU, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Web Site, or other reasonable means now known or hereinafter developed.

Trademark Information

The LIVEAUTOGRAPHS.COM logo, LIVEAUTOGRAPHS, LIVEAUTOGRAPHS.COM trademarks and service marks and other LiveAutographs logos and product and service names are trademarks of LiveAutographs, Inc. . (the "Live Marks"). Without Live's prior permission, you agree not to display or use in any manner the Live Marks.

General Information

Entire Agreement. The TOU constitutes the entire agreement between you and Live and governs your use of the Web Site, superseding any prior agreements between you and Live with respect to the Web Site. Choice of Law and Forum. The TOU and the relationship between you and Live shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Live agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.

Waiver and Severability of Terms. The failure of Live to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect.

terms of service