Terms & Conditions (July 8th 2021)
Agreement between Customer and I-LIVE-ON LLC
Welcome to I-LIVE-ON LLC.
There are various Services that I-LIVE-ON LLC (herein after referred to as “I-LIVE-ON”) offer to you the “Customer” (also referred to as the “User” in some of I-LIVE-ON’s documentation), and these Services are offered through our Website (I-LIVE-ON.Com), our I-LIVE-ON Downloadable App (i.e. I-LIVE-ON.App) and the associated backend infrastructure (i.e. I-LIVE-ON.Backend) that together supports our Services (i.e. I-LIVE-ON “Services”).
The I-LIVE-ON Website (I-LIVE-ON.Com) (the E-Commerce “Website”) is comprised of various web pages operated by I-LIVE-ON. The I-LIVE-ON.App provided by I-LIVE-ON is available for free downloading by Customers and is subject to the associated End User License Agreement (EULA). The I-LIVE-ON.Backend infrastructure is supported by established third party companies (such as AWS, Google, PayPal etc).
Your use of I-LIVE-ON constitutes your agreement to all such Terms. Please read these terms carefully and you may keep a copy of them for your reference.
It is your responsibility to review and reread any update to these Terms and Conditions (refer “Changes to Terms” Section below). The most current version of these Terms and Conditions will supersede all previous versions, which includes the possible eventual transition from I-LIVE-ON LLC to I-LIVE-ON Corporation in the future, and the Customer is asked to note these provisions.
I-LIVE-ON plans to provide a number of Services as follows:
- Free downloadable I-LIVE-ON.App – which shall be available to download via our Website; and
- I-LIVE-ON.Presentation Services which shall be produced by the I-LIVE-ON.App; and
- [FUTURE FEATURE] I-LIVE-ON.Subscription Services which shall be developed and made available in the near future, which shall comprise the storage and the ability to access the Customer’s I-LIVE-ON.Presentation that is published on the Customers designated webpage within I-LIVE-ON.Com for a period of 1 or more years. Service Term will be progressively increased beyond 1 Year.
Visiting I-LIVE-ON Website or sending emails to I-LIVE-ON constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that I-LIVE-ON is not responsible for third party access to your account that results from theft or misappropriation of your account. I-LIVE-ON and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
I-LIVE-ON and its Services are under development and being regularly updated. As a result, the I-LIVE-ON.App version currently available on our Website has been set to expire in 750 days. At any time, if you decide to download an updated version of the I-LIVE-ON.App, it should be backwardly compatible with your Life Story that you have already created.
Children Under Thirteen
I-LIVE-ON may collect personally identifiable information from children under the age of thirteen.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this Website. If you are under 18, you may use I-LIVE-ON only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
I-LIVE-ON may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of I-LIVE-ON and I-LIVE-ON 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. I-LIVE-ON is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by I-LIVE-ON of the Linked Site or any association with its operators.
Certain Services made available via I-LIVE-ON are delivered by third party sites and organizations. By using any Software Product, Service or functionality originating from the I-LIVE-ON domain (including I-LIVE-ON.Com), you hereby acknowledge and consent that I-LIVE-ON may share such information and data with any third party with whom I-LIVE-ON has a contractual relationship to provide the requested Software Product, Service or functionality on behalf of I-LIVE-ON Customers and Users.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use I-LIVE-ON strictly in accordance with these Terms and Conditions. As a condition of your use of the Website, you warrant to I-LIVE-ON that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of I-LIVE-ON or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.
I-LIVE-ON content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of I-LIVE-ON and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of I-LIVE-ON or our licensors except as expressly authorized by these Terms.
Use of Communication Services (including I-LIVE-ON Services)
The I-LIVE-ON Service is considered a Communication Service and all the terms in this section apply to the I-LIVE-ON Service in it entirety.
The Website (or associated and authorized third party I-LIVE-ON web-blogs) may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and 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: 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, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another Customer 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 Customer 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, without their consent; violate any applicable laws or regulations.
I-LIVE-ON has no obligation to monitor the Communication Services. However, I-LIVE-ON reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. I-LIVE-ON reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
I-LIVE-ON reserves the right at all times to disclose any information as 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 I-LIVE-ON’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. I-LIVE-ON does not control or endorse the content, messages or information found in any Communication Service and, therefore, I-LIVE-ON 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 I-LIVE-ON spokespersons, and their views do not necessarily reflect those of I-LIVE-ON.
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 upload the materials.
Customer or User Feedback
Nothing in these Terms and Conditions or in the parties’ dealings arising out of or related to these Terms and Conditions will restrict I-LIVE-ON’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback (as defined below), without compensating or crediting Customer or User or the individual providing such Feedback. Customers or Users may not designate Feedback as its Confidential Information to the extent that such Feedback relates to I-LIVE-ON’s Software Product or Services. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying I-LIVE-ON’s Software Product or Services.)
Materials Provided to I-LIVE-ON or Posted on Any I-LIVE-ON Website webpage
I-LIVE-ON does not claim ownership of the materials you provide to I-LIVE-ON (including I-LIVE-ON.App) or post, upload, input or submit to any I-LIVE-ON Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting I-LIVE-ON, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of I-LIVE-ON including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein.
I-LIVE-ON is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in I-LIVE-ON’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by I-LIVE-ON from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the I-LIVE-ON Content accessed through I-LIVE-ON’s Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless I-LIVE-ON, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the I-LIVE-ON.App, Website or Services, any Customer postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
I-LIVE-ON reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with I-LIVE-ON in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, in Washington State. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.
In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and I-LIVE-ON agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. I-LIVE-ON AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
I-LIVE-ON AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SOFTWARE PRODUCTS,SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SOFTWARE PRODUCTS,SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
I-LIVE-ON AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE Services AND Content ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE Services WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY Content.
I-LIVE-ON reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Washington, USA and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and I-LIVE-ON as a result of this Agreement or use of the Website. I-LIVE-ON’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of I-LIVE-ON’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by I-LIVE-ON with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the Customer and I-LIVE-ON with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Customer and I-LIVE-ON with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
Assignment and Change of Control
I-LIVE-ON shall be afforded all necessary flexibility relating to Assignment and Change of Control, if it is converted to an I-LIVE-ON Corporation or if any later Mergers and Acquisitions are engaged in and subsequently closed through to completion.
Changes to Terms
I-LIVE-ON reserves the right, in its sole discretion, to change the Terms under which I-LIVE-ON Services are offered. The most current version of the Terms will supersede all previous versions.
We will notify you about significant changes to these Terms and Conditions by updating them on revised versions of this document. However, you will NOT BE personally notified – rather it is your responsibility to review the latest Terms and Conditions that are posted on the I-LIVE-ON.Com Website. Your continued use of the Website and/or Services available through this Website after such modifications will constitute your: (a) acknowledgment of the modified Terms and Conditions; and (b) agreement to abide and be bound by these Terms and Conditions.
I-LIVE-ON encourages you to periodically review the Terms to stay informed of our updates.
Email Address: firstname.lastname@example.org