Terms of Use on
Golistenlive.net
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement at www.golistenlive.net/privacystatement.asp for disclosures relating to the collection and use of your personal information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Golistenlive.net Web Site, or any product or service offered on any Golistenlive.net Web Site requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Golistenlive.net immediately of any unauthorized use of your account or any other breach of security. Golistenlive.net will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Golistenlive.net or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
Golistenlive.net reserves the right to change the terms, conditions, and notices under which the Golistenlive.net services are offered, including but not limited to the charges associated with the use of the Golistenlive.net services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of Golistenlive.net constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, Golistenlive.net is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from Golistenlive.net. Without the advance express written permission of Golistenlive.net, you may not 'meta-search' Golistenlive.net, send, or cause to be sent, any automated queries of any sort to Golistenlive.net, or use Golistenlive.net in any commercial manner.
LINKS TO THIRD PARTY SITES
Golistenlive.net may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of Golistenlive.net, and Golistenlive.net is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Golistenlive.net is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Golistenlive.net responsible if the Linked Site is not working appropriately. Golistenlive.net is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Golistenlive.net of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within Golistenlive.net or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Golistenlive.net shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Golistenlive.net, you will not use Golistenlive.net for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Golistenlive.net in any manner that could damage, disable, overburden, or impair any Golistenlive.net service(s) (or the network(s) connected to any Golistenlive.net service(s)) or interfere with any other party's use and enjoyment of any Golistenlive.net service(s). You may not attempt to gain unauthorized access to any Golistenlive.net service, other accounts, computer systems, or networks connected to any Golistenlive.net service, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Golistenlive.net services.
USE OF SERVICES
Golistenlive.net may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets, and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
· Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
· Upload or otherwise make available files that contain images, photographs, software, or other material protected by intellectual property laws including, by way of example and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
· Use any material or information, including images or photographs, which is made available through Golistenlive.net in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
· Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
· Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Communication Services.
· Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including e-mail addresses.
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading others.
· Use, download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of an Golistenlive.net service(s) or other user or usage information or any portion thereof.
Golistenlive.net has no obligation to monitor the Communication Services. However, Golistenlive.net reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Golistenlive.net reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Golistenlive.net reserves the right at all times to disclose any information as Golistenlive.net deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse, to post or to remove any information or materials, in whole or in part, in Golistenlive.net's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Golistenlive.net does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Golistenlive.net specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Golistenlive.net spokespersons, and their views do not necessarily reflect those of Golistenlive.net.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO GOLISTENLIVE.NET OR POSTED AT ANY GOLISTENLIVE.NET WEB SITE
Golistenlive.net does not claim ownership of the materials you provide to Golistenlive.net (including feedback and suggestions), or post, upload, input, or submit to any Golistenlive.net or its associated services for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting ("Posting") your Submission you are granting Golistenlive.net, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Golistenlive.net services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a Golistenlive.net.
No compensation will be paid with respect to the use of your Submission, as provided herein. Golistenlive.net is under no obligation to post or use any Submission you may provide, and Golistenlive.net may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH GOLISTENLIVE.NET
All content and software (if any) that is made available to view and/or download in connection with Golistenlive.net, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Golistenlive.net and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, Golistenlive.net hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Golistenlive.net service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH GOLISTENLIVE.NET MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO GOLISTENLIVE.NET AND TO THE INFORMATION THEREIN. GOLISTENLIVE.NET AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN GOLISTENLIVE.NET AT ANY TIME. ADVICE RECEIVED VIA THE GOLISTENLIVE.NET SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
GOLISTENLIVE.NET AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN GOLISTENLIVE.NET FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GOLISTENLIVE.NET AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT GOLISTENLIVE.NET SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A GOLISTENLIVE.NET SERVICE. YOU SPECIFICALLY AGREE THAT GOLISTENLIVE.NET IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT GOLISTENLIVE.NET IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN GOLISTENLIVE.NET SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL GOLISTENLIVE.NET AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GOLISTENLIVE.NET SERVICES, WITH THE DELAY OR INABILITY TO USE THE GOLISTENLIVE.NET SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH GOLISTENLIVE.NET, OR OTHERWISE ARISING OUT OF THE USE OF GOLISTENLIVE.NET, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GOLISTENLIVE.NET OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF GOLISTENLIVE.NET, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING GOLISTENLIVE.NET.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that Golistenlive.net may establish limits concerning use of any Golistenlive.net service offered on an Golistenlive.net Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any Golistenlive.net service, the maximum number of e-mail messages that may be sent from or received by an account on any Golistenlive.net service, the maximum size of an e-mail message that may be sent from or received by an account on any Golistenlive.net service, the maximum disk space that will be allotted on Golistenlive.net's servers on your behalf, and the maximum number of times and duration you may access any Golistenlive.net service in a given period of time.
You agree that Golistenlive.net has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Golistenlive.net service. You acknowledge that Golistenlive.net reserves the right to log off accounts that are inactive for an extended period of time.
GOLISTENLIVE.NET MAKES NO WARRANTY THAT ANY GOLISTENLIVE.NET SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SERVICE CONTACT: Webmaster@golistenlive.net
TERMINATION/ACCESS RESTRICTION
Golistenlive.net reserves the right, in its sole discretion, to terminate your access to any or all Golistenlive.net services and the related services or any portion thereof at any time, without notice.
Golistenlive.net may also terminate or suspend your access to Golistenlive.net service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Golistenlive.net. Upon termination of the Golistenlive.net service, your right to use the Golistenlive.net service immediately ceases.
Golistenlive.net shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
NO SPAM; DAMAGES
Golistenlive.net will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Golistenlive.net liquidated damages of $5 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account; otherwise you agree to pay Golistenlive.net's actual damages, to the extent such actual damages can be reasonably calculated.
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