Thanks for using our products and services ("Services"). The Services are provided by OrgPix Inc., d/b/a LIVEALITY ("LIVEALITY").
By using our Services, you are agreeing to these terms. Please read them carefully. These terms apply to your use of Services through our website, mobile application, and any third-party website or mobile application that uses our Services. If you do not agree to these terms, you may not use any of our Services.
You must follow any policies made available to you within the Services.
Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not LIVEALITY's. This content is the sole responsibility of the person or entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.
Event Organizers also have the ability to moderate certain content that you provide with regard to their events. We assume and take no responsibility for any such actions taken by an Event Organizer.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
You may need a LIVEALITY Account in order to use some of our Services. You may create your own LIVEALITY Account. To protect your LIVEALITY Account, keep your password confidential. You are responsible for the activity that happens on or through your LIVEALITY Account. Try not to reuse your LIVEALTY Account password on third-party applications. If you learn of any unauthorized use of your password or LIVEALITY Account, contact us through the mechanisms described at www.liveality.com.
The Services are not intended or designed for children under 13 years of age. By using the Services, you represent and warrant that you are at least 18 years of age and have reviewed and now consent to the Terms, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Services.
If you think somebody is violating your copyrights and want to notify us, contact us through the mechanisms described at www.liveality.com.
Our site and Services are our proprietary property and are protected by the copyright and/or trade secret laws of jurisdictions throughout the world. LIVEALITY retains all right, title, and interest in our site, mobile application, and the Services.
Our Services, where we have permission, may utilize the trademarks or other intellectual property of a third party (for example, of an Event Organizer or a business partner). Those third parties retain all rights in their intellectual property except to the extent that they have allowed us to use it to supply the Services.
LIVEALITY owns all intellectual property rights to photos that it takes during events. Other users of our Services (including Event Organizers, participants, and spectators) likewise own all intellectual property rights to photos that they take during events and upload to our Services, other than licenses or other rights granted through these Terms. LIVEALITY gives you a royalty-free, worldwide license to use, download, display, and share its photos for non-commercial purposes only.
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give LIVEALITY (and those we work with) a royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. You also give other users the right to store, download, and share (for non-commercial purposes only) photos that you upload to or through our Services. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. By submitting content to our Services, you are warranting and representing that you are the owner of such content or that you have the right from the owner of such content to submit the content to our Services.
You may not upload or submit any content to our site if that content infringes on any copyright or other proprietary right of any other person or entity. You may not impersonate any person or entity or otherwise misrepresent your identity in our Services. You may not use our Services to transmit any unlawful, fraudulent, libelous, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable content of any kind. You also may not use our Services to transmit any advertisements, solicitations, investment opportunities, or other unsolicited commercial communications.
If you have a LIVEALITY Account, we may display your name, email address, Profile photo, and actions you take on LIVEALITY or on third-party applications connected to your LIVEALITY Account in our Services. We will respect the choices you make to limit sharing or visibility settings in your LIVEALITY Account.
LIVEALITY lets event attendees using our Services upload, view, download, and share photos from the event. For smaller events, all users of our Services are part of a single group and will be able to see all photos that are uploaded for that event. For larger events, you can connect with friends and set up groups so that you can view photos from those friends and group members, as well as photos taken by LIVEALITY and Event Organizers or other users.
When you use our Services, you can control how photos you take are uploaded to us. For example, photos that you take through the App's camera function are automatically uploaded to us, or you can choose to manually upload only those photos that you want from your phone's photo gallery. Finally, where available, you may allow LIVEALITY during the event to automatically upload photos from a specific directory or gallery on your phone of your choosing. You will always have the ability to edit or delete any photos that are uploaded to the site. However, if you choose to use auto-upload/streaming features of the Services, photos may be immediately viewable to others who are using the Services at the same event before you edit or delete them.
Event Organizers can see all photos that their event participants upload to the Services, and the Event Organizer for events in which you participate may request your permission that photos that you have uploaded to the Services be distributed and made available to all event participants. You will have the ability to grant or deny any such request.
Our Services may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or other resources linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such resources.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
LIVEALITY uses Maps Application Program Interface (API) by Google to provide some of our Services to you.
By using LIVEALITY's Maps API implementation, you agree to be bound by Google's Terms of Service, available at http://www.google.com/policies/terms/.
LIVEALITY gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services and the software provided to you by LIVEALITY as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by LIVEALITY, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission.
If you are an event attendee, you may view your personalized online Memorabilia (such as photos, posters, invites, and the event's Eventbook) free of charge for 30 days following the date on which the Memorabilia is made available. After 30 days, there may be charges for your continued use or long-term storage of your personalized online Eventbook and other Memorabilia. You may also purchase physical copies of Eventbooks and other Memorabilia that LIVEALITY may offer.
All rights not expressly granted to you in these terms are reserved by LIVEALITY.
We take security seriously and will use commercially reasonable efforts to keep your personal data secure and confidential from third parties who are not using the Services. However, LIVEALITY does not guarantee that it will not be the subject of a security breach and makes no warranty that information provided to and/or stored by LIVEALITY will be completely secure.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether without penalty or obligation.
You can stop using our Services at any time, although we'll be sorry to see you go. LIVEALITY may, at any time and for any reason, stop providing Services to you, or add or create new limits to our Services.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
When you submit any content to the Services, you represent that you are the owner of the content or are authorized to use the content. You further warrant that all information that you submit to the Service is accurate and complete. You agree to defend, indemnify, and hold LIVEALITY harmless, its officers, directors, employees, agents, representatives, suppliers, and distributors from all liability,
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
The Services and their availability may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER LIVEALITY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR ANY PRODUCTS AVAILABLE AT ITS SITES OR ANY THIRD-PARTY SOFTWARE OR SERVICES USED IN CONJUNCTION WITH LIVEALITY. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE ALL PRODUCTS AND SERVICES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You acknowledge that LIVEALITY is not liable for any defamatory, offensive, or illegal conduct of any user of the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, LIVEALITY, AND LIVEALITY'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LIVEALITY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES IN THE TWELVE MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, LIVEALITY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify LIVEALITY and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
We may modify these terms at any time. You should review the terms regularly. We'll post notice of modifications to these terms on our website (www.liveality.com/terms). We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between LIVEALITY and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If a particular term is found to be unenforceable, any other terms will remain in full force and effect.
All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts having jurisdiction in Waukesha County, Wisconsin, USA, and you and LIVEALITY consent to personal jurisdiction and venue in those courts.
Where required, we may give you notice by a general posting on our site or by email to your email address if you have provided it to us.
These terms comprise the entire agreement between you and LIVEALITY with regard to your use of the Services and supersede all prior negotiations, discussions, or representations, whether written or oral.
For information about how to contact LIVEALITY, please visit www.liveality.com and click on the "Contact" link.
These Terms were last modified effective June 16, 2017.