Livingly Terms of Service
Last Updated: April 12, 2012
Welcome to Zimbio! By using the Zimbio.com website and other services (“Service”) provided by Zimbio, Inc. (“Zimbio”), you agree to be bound by the following terms and conditions (“Terms of Service”).
DESCRIPTION OF SERVICE
General Description. Zimbio is a collaborative media company which enables users to get informed, stay informed, and communicate about specific topics of interest. The Service provides users with access to and control over a collection of online resources, including but not limited to:
- Various media and communication tools, such as the start page, group blog and member photos features, provided by Zimbio
- Data, text, links, feeds, graphics, photos, audio and video clips, messages, screen names, profiles, and other information posted by Zimbio or by users of the Service and publicly displayed on the Service (“Content”)
Right to Modify Service. Zimbio reserves the right to immediately change, suspend, remove, or discontinue any part of the Service or any Content for any reason, without prior notice or liability.
Conditions of Use. As a condition of use, you agree to all of the following:
- You acknowledge that the service is for personal use only. You agree that you will not use the Service for any commercial purposes.
- You are responsible for all activity that occurs under your User ID.
- You are solely responsible for your conduct and any Content that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service under your UserID.
- You must not harass, threaten, impersonate, or intimidate other Zimbio users.
- You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
- You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable Content.
- You must not create multiple user accounts with the intention of artificially inflating ratings or exploiting other features in the Service, including but not limited to member photo quota.
CONTENT SUBMITTED FOR INCLUSION OR MADE AVAILABLE ON THE SERVICE
License Grants. When you post your own copyrightable Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Service you automatically grant Zimbio a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to (i) use, reproduce, modify, publish, edit, translate, modify, adapt, distribute, perform, and display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees.
You also expressly acknowledge and agree that Zimbio shall have the right to grant a Creative Commons Attribution-NonCommercial-NoDerivs 2.5 License (“CC License”), available at http://creativecommons.org/licenses/by-nc-nd/2.5/, for all Content posted on or through the Service, including Content you post on or through the service. In cases where Zimbio licenses Content through a CC License, you agree that any attribution required under the CC License shall be to the Service.
Links to Other Sites and Resources. The Service contains links to other websites or resources. Zimbio has no control over such external sites and resources. You agree that (i) Zimbio is not responsible for the availability or accuracy of such external sites and resources, and (ii) Zimbio does not endorse nor is it responsible or liable for any Content, advertising, products, or materials on or available from such external sites and resources.
Inappropriate User Submitted Content. Zimbio prohibits certain user conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content. Nevertheless, you acknowledge and agree that (i) Zimbio is not and cannot be responsible for Content posted by users on the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.
Mature Content. Please be aware that Zimbio has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas. We require you to provide accurate age information in your member profile in order to have access to the mature content areas of the Service. By entering age information, you affirm the accuracy of that information.
We respect the intellectual property rights of others, and we ask that our users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.
Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available at http://www.zimbio.com/Zimbio/notes/Lt0qGA4NmmF/Zimbio+Copyright+Policy By accepting the Terms of Service, you agree to be bound by our Copyright Policy.
YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY ZIMBIO SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIMBIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ZIMBIO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. ZIMBIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZIMBIO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
YOU AGREE THAT ZIMBIO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Zimbio reserves the right to terminate your Zimbio member account immediately, without prior notice or liability, for any reason. If Zimbio terminates your account, your right to use the Service will immediately cease.
You can terminate your Zimbio member account at any time and for any reason, and we will make available through the Service reasonable means for you to do so.
All provisions of the Terms of Service will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Laws. The Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Dispute Resolution. Any controversy or claim arising out of or relating to the Terms of Service, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrators will be selected from a panel of persons having experience with and knowledge of electronic commerce, computers, collaborative media, and the internet. In the event that any party’s claim exceeds $1 million, exclusive of interest and attorneys’ fees, the dispute shall be heard and determined by three arbitrators. The place of arbitration shall take place in San Mateo or Santa Clara Counties, California, USA. Any judicial proceeding following arbitration shall take place in the State or Federal courts within the judicial district where the arbitration took place.
Waiver and Severability. The failure of Zimbio to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Notices. Zimbio may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service
Future Modifications of Terms of Service. We reserve the right to modify the Terms of Services at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Service indicates your acceptance of the amended Terms of Service
Trademarks. Zimbio, the Zimbio logo, and other Zimbio logos and names are trademarks of Zimbio. You agree not to display or use these trademarks in any manner without Zimbio’s prior, written consent.
Contact Information. Please send any questions or comments, or report any Terms of Service violations, to firstname.lastname@example.org.