Effective day 01 May 2018
This end User license agreement (“EULA”) is a legal agreement (“Agreement”) between You and URL.Live for use of the URL.Live Platform and associated Services which You selected or initiated. “You” (or “Your”, as applicable by context) refers to the individual who is using or accessing the Services or is registered for the Services either directly with URL.Live or through a third party or, if an individual is utilizing or purchasing the Services on behalf of an entity and is authorized to purchase the Services on behalf of such entity, then “You” refers to such entity. Any and all software associated with the Services and website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Your use of the Services constitutes Your agreement to all such Terms, conditions, and notices. If You do not agree with the Terms of this Agreement, do not use or access the Service and when applicable, click the “Cancel” button and do not purchase or use the Services offered. Use of the Services is void where prohibited. You may not use the Services and should not accept the Terms if You are a person barred from using the such Services under the laws of any country in which You reside or are considered a resident.
The URL.Live Software is licensed to Customer in accordance with this Agreement. The URL.Live Software is protected by copyright law and international treaties. Customer shall not (and shall ensure that Customer’s Administrators and Account Users shall not) delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the URL.Live Software as delivered to Customer and Customer’s Account Users. All intellectual property Rights in and to any third-party content that is not contained in the URL.Live Software, but may be accessed through use of the URL.Live Software, is the property of the respective owner of the IP Rights and may be protected by applicable copyright or other intellectual property laws and treaties.
URL.Live may at its sole discretion, discontinue the Services or modify the features of the Services from time to time, without prior notice to You. In addition, URL.LIVE reserves the right to modify or add to these Terms at any time without prior notice to You (“Updated Terms”). You agree that We may notify You of the Updated Terms by making them available for inspection via URL.Live.com website or by notice to You, and that Your use of the Service after We have posted the Updated Terms (or engaging in such other method of posting Updated Terms as We may reasonably specify) constitutes Your agreement to the Updated Terms. Therefore, You should review these Terms before using the Services and You should schedule to review them periodically thereafter. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to Your use of the Services from that point forward.
Use of the Services requires one or more compatible hardware devices, Internet access (where additional fees may apply), a commonly used internet browser (which may be downloaded, at Your risk, from the Internet), certain software (where additional fees may apply), and continued use of the Services may require obtaining or downloading updates or upgrades from time to time. Because use of the Services involves hardware, software, browser compatibility and Internet access, Your ability to use such Services may be affected by the performance of these factors. Reliable, high speed Internet access is recommended along with a robustly operating compatible device that is capable of supporting a mainstream browser. You acknowledge and agree that such system requirements, which may be changed from time to time, may affect the performance of the Services, and it is Your responsibility to stay current with said system requirements.
To be eligible to use the Services, You must meet the following criteria and represent and warrant that You: (1) are not currently restricted for any reason from using the Services, or not otherwise prohibited from having an account on the URL.Live Platform or using the Service; (2) You affirm that You are of legal age. Our Service are not intended or directed to individuals considered as minors in their jurisdiction of law (“Minor”). Typically, these are individuals under the age of 13. If You are considered a Minor or become aware of a Minor that has provided us with personal information without appropriate consent, please contact Us immediately at email@example.com). Although We cannot absolutely control whether Minors gain unauthorized access to the Services, access may be terminated without warning if We believe that You are underage or otherwise ineligible; (3) are not a competitor of URL.Live or are not using the Services for reasons that are in competition with URL.Live; (4) are able and will abide by and comply with this Agreement have full power and authority to enter into this Agreement, are fully able and competent to enter into the Terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and doing so will not violate any other agreement to which You are a party; (5) will not violate any rights of URL.Live, including intellectual property rights such as copyright or trademark rights; (6) agree to provide, at Your cost, all equipment, software, and internet access necessary to use the URL.Live Platform; and (7) are a real person and will not in any way facilitate, participate or instigate the use of any automated calling systems or “robocalling” when using the URL.Live Platform or the Service.
Passwords, Username, and Account Security and Rights
You may be required to provide information about Yourself in order to register for and/or use certain Services. As such, You may have to create an account on the Service. If You create an account with Us, You agree to accept full responsibility for all activities that occur on Your account including under Your Username and/or password and are entirely responsible for maintaining the security of Your account, Username and password and agree not to disclose such to any third party. You agree that You are responsible for restricting access to Your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of Services using Your secure credentials. You further agree that any unique identifier, Username, URL domain name, or the like created by You to utilize the Services (collectively, “Username”) will always remain, subject to a limited use license granted to You by URL.Live under Terms herein, the exclusive property of URL.Live. As such, URL.Live will have the unrestricted right to refuse Your use of any Username and will have the further right to disable, clawback, reassign, any Username for any reason, or no reason, at any time. You agree to hereby assign, and hereby assign, all Username rights (including all moral rights) to URL.Live. Accordingly, You agree that You will not sell, transfer or assign Your, Username, membership or any membership rights to any third party during or after use of the URL.Live Platform.
You must immediately notify URL.Live of any breach of security or unauthorized use of Your account. You agree that URL.Live will not be liable for any direct or indirect loss, financial or otherwise, You incur due to any unauthorized use of Your account or the account being Terminated. You, however, may be liable for any loss URL.Live or others incur that was caused by Your account, whether caused by You, or was caused by an authorized or unauthorized User. To close Your account, please contact firstname.lastname@example.org.
Unlawful or Prohibited Use
You agree that You are solely responsible for the content (“Content”) sent by You or displayed or uploaded by You in using the Services. As a condition of Your use of the Service, You agree and warrant to URL.Live that You will not use the URL.Live Platform or the Services: (1) in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings; (2) in any manner, which could damage, disable, overburden, or impair URL.Live or interfere with any other party’s use of the URL.Live Platform; (3) to communicate any message or material that is harassing, libelous, threatening, immoral, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability; (4) that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (5) to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or an equivalent restriction in the country in which You reside or where You use the Services; or (6) to upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of the URL.Live Platform or other Users of Services.
Although the Service allows for seamless communications between peers and groups and is a highly capable, adaptable and versatile, it is not intended to be used as on-going or continuous monitoring or surveillance system. You agree not to use the Service in that manner and further agree that URL.Live has the right to automatically end Your communications if Your call remains active for more than ninety (90) minutes. You agree that persistent violation of this provision may result in Termination of your Service.
Although URL.Live is not responsible for any Content in violation of any provision outlined in this Agreement, URL.Live reserves the right to delete any such Content of which URL.Live becomes aware, at any time without notice to You. URL.Live reserves the right to suspend, terminate Your account or otherwise deny You access to Services, for a period of time or indefinitely, for any reason, or no reason, in its sole discretion without notice and without any liability (“Terminate” or “Termination”).
Always use caution when giving out any personally identifying information about Yourself in when using the Service. URL.Live does not control or endorse the content, messages or information found in any service and, therefore, URL.Live specifically disclaims any liability with regard to the Services and any actions resulting from Your participation in any Services. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE URL.LIVE PLATFORM OR USE OF ITS SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY YOU TRASACTED WITH.
You retain copyright and any other rights You already hold in Content which You communicate, submit, post or display on or through, the Services. You understand and agree that by displaying, exchanging, uploading or transmitting Content using the Services, or otherwise providing Content to URL.Live, You automatically grant, and warrant You have a right to grant, to URL.Live a world-wide, royalty-free, sublicensable (so URL.Live affiliates, contractors, resellers and partners can deliver the Services) perpetual, irrevocable license (including moral rights) to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Services to You and others with whom You are sharing Content using the Services.
Third Party Sites
The URL.Live Platform may contain links to other web sites (“Linked Site”), such as LinkedIn, Google, YouTube, Facebook, Twitter. You acknowledge that the Linked Sites are not under the control of the URL.Live Platform and URL.Live is not responsible for the contents of any Linked Site, including without limitation, any link or content contained in a Linked Site, or any changes or updates made to a Linked Site. URL.Live is providing these links to You only as a convenience, and the inclusion of any Linked Site does not imply endorsement of the site, any association with its operators, any authenticity of content on the site, or conformation of data security with such Linked Site. You agree to be fully responsible for the consequences of using any Linked Site and for confirming Your agreement of the Terms and Conditions of use of said Linked Sites.
Fees and Charges
You may select to use specific Subscription-based Services offered by URL.Live (“Subscription”). In such circumstance, You shall be required to pay in advance all fees relevant to Your Subscription package or other fees related to any additional Services You purchase from time to time. As such, You hereby authorize URL.Live (and its payment processors) to take such payments due URL.Live using our selected payment processors. It is our policy to not store credit card details beyond the duration of the Subscription service, nor do We share Your personal details or Subscription details with any 3rd party. All Subscription packages shall commence immediately upon receipt of Your payment and will expire immediately, without any obligation to notify You, at the end of the paid Subscription period. You acknowledge that all Subscription fees are charged automatically, on the Terms You agreed to, on a recurring basis until You take affirmative actions to cancel Your subscription. You may cancel Your Subscription by logging onto Your account and choosing to cancel Your payment method. You may also request that Customer Service perform the cancellation by submitting a written request, that includes Your name, and Username, directly to email@example.com. Upon receipt of notice to cancel Your Subscription, URL.Live shall cancel , Your Service as soon as practicable. If You chose to stop service prior to end of Your Subscription period You may, subject to the Terms of Your Subscription agreement, be subject to cancellation fees and/or may not be eligible to receive any refund of fees.
Transfer of Data
If You are visiting or using the Service from a country other than the country in which Our servers are located, Your communications with us may result in the transfer of Your account and information across international boundaries so that We may continue to provide You Services efficiently or, when required, adhere to laws imposed on Us by the laws in which are resident. By visiting or using the Services and communicating electronically with us, You consent to such transfers.
Interactions and Disputes
It is possible that other Users of the Services (“Users”) may violate one or more of the above prohibitions. URL.Live assumes no responsibility or liability for such violation. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact URL.Live at firstname.lastname@example.org. URL.Live may investigate any complaints and violations that come to it’s attention and may take any action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. However, because situations and interpretations vary, URL.Live also reserves the right not to take any action. Under no circumstances will URL.Live be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, removal or denial of access to any data or content. IF ANT ANY TIME YOU ARE NOT HAPPY WITH THE SERVICES, SUBJECT TO THE LIMITATION OF LIABILITY, YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE.
You are solely responsible for Your interaction with other Users of URL.LIVE, whether online or offline or online that extends to an offline interaction. We are not responsible or liable for the conduct of any User or any interaction between Users. We reserve the right, but have no obligation, to monitor or become involved in disputes between You and other Users. We recommend, You exercise common sense and best judgment in Your interactions with others, when posting any personal or other sensitive information online, and in all other online (and any resulting offline) interactions. URL.Live is not a party to the interactions, dealing or contracting between the Users (collectively, “User Relationships”). URL.Live has no control over and does not guarantee the quality, safety or legality of User Relationships, the truth or accuracy of profile (“Profile”) listings, the qualifications, the conveyed perception, background, or abilities of Users. All rights, understandings and obligations for User Relationships are solely between the Users. The Users must look solely to the other for enforcement and performance of all the rights and obligations arising from the User Relationships and any other terms, conditions, representations, or warranties associated with such dealings.
Materials You provide to URL.LIVE or post on the Service
URL.LIVE does not claim ownership of the materials You provide to URL.LIVE (including feedback and suggestions) or post, upload, input or submit on any of the URL.LIVE Services (collectively, “Submissions”). However, by posting, uploading, inputting, providing or submitting Your Submission You are granting URL.LIVE and necessary sublicensees permission to use Your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; none of which, will reveal Your name in connection with Your Submission unless You, the individual User, agree to permit such in a separate agreement with URL.LIVE.
You acknowledge and agree that Your relationship with URL.LIVE is not a confidential, fiduciary, or other type of special relationship, and that Your decision to submit any Submission does not place URL.LIVE in a position that is any different from the position held by members of the general public, including with regard to Your Submission. None of Your Submission will be subject to any obligation of confidence on the part of URL.LIVE, and URL.LIVE will not be liable for any use or disclosure of any Submission that You provide. URL.LIVE generally does not pre-screen Submissions. However, URL.LIVE reserves the right, but undertakes no obligation, to do so and decide whether any Submission is appropriate and/or complies with the Terms herein. URL.LIVE reserves that right to remove any Submission and/or Terminate a User’s access to the URL.Live Platform for posting or publishing any material in violation of these Terms, at any time, for any reason, and without prior notice to You. If URL.LIVE terminates Your access to the site, URL.LIVE may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers.
The URL.Live Platform may offer features and services that are available to You via Your mobile phone or other mobile device. All applicable Terms outlined herein also extent to Your use of the Service on mobile or other hardware devices. These features and services may include, without limitation, the ability to record and upload content (audio, video, text, files…etc.) to the URL.Live Platform, receive messages from URL.Live Platform, download applications to Your mobile phone or access URL.Live Platform features (collectively, the “Mobile Features”). The User acknowledges and agrees that in addition to any Subscription fees paid to URL.Live for use of Services, the You may incur additional fees for standard messaging, data and roaming charges by Your carrier. Typically, such fees and charges will appear on Your mobile bill or may be deducted from Your pre-paid balance. In addition, Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with Your carrier or mobile device. Contact Your carrier with questions regarding these issues. URL.Live will retain no liability, financial or otherwise, for Your use of Services on Your Mobile Features.
URL.Live and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names (“URL.Live Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any URL.Live Marks, or other proprietary information (including images, text, page layout, or form) of URL.Live without Our express written consent. You may not use any meta tags or any other “hidden text” utilizing URL.Live Marks without URL.Live’s express written consent.
IP Usage and Rights
During the Service Term and after Termination of the Services for any reason, You shall not use any of the Intellectual Property in URL.Live or any URL.Live materials for any use or purpose, except as expressly permitted under the Agreement to operate URL.Live during the Service Term, and You shall not disclose any of such Intellectual Property to any other person or entity. You agrees that all rights, title and interest in and to all Intellectual Property in URL.Live and any URL.Live materials are owned exclusively by URL.Live or its licensors. Except as provided in this Agreement, the limited license granted to Customer does not convey any rights in the URL.Live or any URL.Live materials, express or implied, or ownership in the URL.Live, any URL.Live materials, or any of URL.Live’s or its licensors’ Intellectual Property.
Customer hereby grants URL.Live a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into the URL.Live or any URL.Live materials any suggestions, enhancement requests, recommendations, or other feedback provided by Customer or its Representatives relating to URL.Live. Customer agrees not to display or use the URL.Live Brands or Marks in any manner without URL.Live’s express prior written permission, to be granted or denied in URL.Live’s sole discretion. Any use of URL.Live Brands or Marks will be governed by URL.Live’s then-current policies on its trademark and logo usage. Third Party Marks are the property of such third parties. Customer is not permitted to use these Third Party Marks without the prior written consent of such third party that owns the Third Party Marks. Nothing in this Agreement will give Customer any right to use the URL.Live Brand Elements. URL.Live does not allow third parties to use the URL.Live Brand Elements unless they have received prior written permissions from URL.Live or if use falls within extremely limited exceptions, as such exceptions are set out in the Trade Mark Guidelines that may be published by URL.Live from time to time and notified to Customer. If Customer wants to use any of the URL.Live Brand Elements, Customer must obtain URL.Live’s written permission before Customer (Customer’s Administrators or Account Users) use them unless such use falls within the limited exceptions set out in the aforementioned Trade Mark Guidelines. Any rights not expressly granted herein are reserved by URL.Live or its licensors.
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. URL.Live may deny access to the Services to any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please provide URL.Live’s Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description of where the material that You claim is infringing is located on the Services; (iv) Your address, telephone number, and email address; (v) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. URL.Live’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: email: info@URL.Live.
You acknowledge that the Services, or portion thereof may be subject to the export control laws of the jurisdiction in which You use the Services or reside in. You agree not to export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to URL.Live Parties (as defined herein), and under such circumstances URL.Live, its affiliates, suppliers and resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
Usage Data, Privacy and Personal Information
You understand and agree that URL.Live may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving such notices. You also agree to have Your name and email address listed in the header of certain communications You initiate through the Services.
URL.LIVE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS AND ITEMS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, URL.LIVE AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, CONSULTANTS, RESELLERS, PARENT COMPANY, AGENTS, VENDORS, AFFILIATES AND CONTRACTORS (COLLECTIVELY, THE “URL.LIVE PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE URL.LIVE SERVICES; (B) THE MATERIALS OR ITEMS ON OR PROVIDED THROUGH URL.LIVE; (C) SUBMISSIONS; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH URL.LIVE; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT URL.LIVE; OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM URL.LIVE OR VIA THE URL.LIVE PLATFORM. IN ADDITION, THE URL.LIVE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS. THE URL.LIVE PARTIES DO NOT REPRESENT OR WARRANT THAT THE URL.LIVE PLATFORM, THE ITEMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE URL.LIVE SITE OR THE SERVERS THAT MAKE SOME OF THE URL.LIVE PLATFORM SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE URL.LIVE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON URL.LIVE ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK AND LIABILITY. THE URL.LIVE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES OR ITEMS ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE URL.LIVE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE URL.LIVE PLATFORM OR SERVICE. THE URL.LIVE PARTIES DO NOT ENDORSE THE SUBMISSION OR COLLABORATIVE CONTENT, ARE NOT RESPONSIBLE FOR THE SUBMISSION OR COLLABORATIVE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH SUBMISSION OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, DIRECT, INDIRECT OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUBMISSION OR COLLABORATIVE CONTENT OBTAINED THROUGH THE URL.LIVE PLATFORM.
You acknowledge and agree the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, URL.Live Parties, specifically disclaim any express or implied warranty of fitness for such purposes.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE URL.LIVE PARTIES BE LIABLE TO YOU FOR ANY DIRECT OR THIRD PARTY CLAIMS, LIABILITES, LOSSES, COSTS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY ATTORNY’S FEES, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) A THE URL.LIVE PLATFORM OR THE SERVICES IT PROVIDES; (B) THE MATERIALS; (C) SUBMISSIONS; (D) YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS USING THE SERVICES; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES OR MATERIALS; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE URL.LIVE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF A THE SERVICE, MATERIALS, ITEM OR PROMO CODE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (H) ANY ERRORS OR OMISSIONS IN A THE SERVICE’s TECHNICAL OPERATION; (I) YOUR USE OF THE SERVICE; (J) YOUR VIOLATION OF THIS AGREEMENT OR INFRINDGEMENT OR VIOLATION BY YOU OR ANY OTHER USER OF THIS ACCOUNT OR THIS AGREEMENT; (K) OF VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY OTHER PERSON OR ENTITY; OR (L) ANY DAMAGE TO ANY COMPUTER, HARDWARE, VIDEO PLAYER, DVD PLAYER, GAME CONSOLE, BLU-RAY PLAYER, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE URL.LIVE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A URL.LIVE PLATFORM). IN NO EVENT WILL THE URL.LIVE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE URL.LIVE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF URL.LIVE ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE URL.LIVE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, COMMERCIALIZATION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE URL.LIVE PARTIES.
General Legal Terms
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter, except that if You or Your company have executed a separate written agreement or You have signed an order form referencing a separate agreement governing Your use of the Services, then such agreement shall control to the extent that any provision of this Agreement conflicts with the Terms of such agreement.
You acknowledge and agree that the form, service level and nature of the Services, may change from time to time without prior notice to You. You agree that URL.LIVE may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the web site. If You do not agree with the changes, You should discontinue using the Services.
In order to participate in certain Services, You may be notified that You are required to download software and/or agree to additional Terms and conditions. Unless expressly set forth in such additional Terms and conditions, those additional Terms are hereby incorporated into this Agreement. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.
URL.LIVE has affiliated legal entities (“Affiliates”). In certain circumstances these Affiliates will provide the Services or part of the service to You on behalf of URL.Live. You acknowledge and agree that Affiliates will be entitled to provide Services to You.
As part of this continuing innovation, You acknowledge and agree that URL.LIVE may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to Users generally at URL.LIVE sole discretion, without prior notice to You.
Unless URL.LIVE has given You specific written permission to do so, You may not assign (or grant a sub-license of) Your rights to use the Services, grant a security interest in or over Your rights to use the Services, or otherwise transfer any part of Your rights to use the Software. This means also that You shall not share Your password or user access with non-users or ineligible users.
When Agreement is terminated or comes to an end, all of the legal rights, obligations and liabilities that You and URL.LIVE have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this Agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
URL.LIVE makes no representation or warranty that the content available on URL.Live Platform are appropriate in every country or jurisdiction, and access to the URL.Live Platform Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access URL.LIVE Platform are responsible for compliance with all local laws, rules and regulations.
The Terms, and Your relationship with URL.LIVE under the Terms, shall be governed by the laws of Canada. You agree to submit to the exclusive jurisdiction of the courts located within Canada to resolve any legal matter arising from the Terms. Notwithstanding this, You agree that URL.LIVE shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Any and all rights and remedies of URL.Live upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on URL.Live, and the exercise of any one remedy will not preclude the exercise of any other.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You agree that if URL.LIVE does not exercise or enforce any legal right or remedy which is contained in the Terms (or which URL.LIVE has the benefit of under any applicable law), this will not be taken to be a formal waiver of URL.LIVE rights and that those rights or remedies will still be available to URL.LIVE.
The titles and headings of these Terms are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret this Agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms shall be construed for all purposes to be a separate and independent covenant or agreement.
If You have any questions about this Agreement and for all notices, please contact us:
Company Name: URL.LIVE Software Inc
E-mail address: email@example.com