Terms of Use

We run a FREE service called 2liv3 that allows you to easily create professional looking pages. We would love for you to use it and fill your 2liv3 site with pictures and content from your life and experiences. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your pages or gets linked to from your site (things like spam, viruses, or hate content).

If you find pages in 2liv3 that you believe violate our terms of service, please contact us and let us know.

General

The following terms and conditions govern all use of 2liv3.com and all content, services and products available at or through the website. 2liv3 is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, 2liv3 Privacy Policy) and procedures that may be published from time to time on 2liv3 (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 13 years old.

Your 2liv3 Account and Site

A site in 2liv3 includes but is not limited to a profile, pages, and albums. If you create a site in 2liv3, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not include content, describe, or include keywords in your site in a misleading or unlawful manner, including in a manner intended to use the name or reputation of others, and 2liv3 may change or remove any content it considers inappropriate or unlawful, or otherwise likely to cause 2liv3 liability. You must immediately notify 2liv3 of any unauthorized uses of your account, or any other breaches of security. 2liv3 will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Account Owners

If you write content, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, a video file, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to publish the Content
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party
your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods
your site or pages are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site or name is not the name of a person other than yourself or company other than your own
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials

By submitting Content for inclusion on your site, you grant 2liv3 a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your site. If you delete Content, 2liv3 will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, 2liv3 has the right (though not the obligation) to, in 2liv3’s sole discretion (i) refuse or remove any content that, in 2liv3’s reasonable opinion, violates any 2liv3 policy or is in any way harmful or objectionable, or (ii) terminate sites and accounts, or deny access to and use of the Website to any individual or entity for any reason, in 2liv3’s sole discretion.

You further agree that 2liv3 has no responsibility to keep your content or ensure its availability, safety, or security. While 2liv3 will attempt to ensure content is backed up and has reasonable availability, safety, and security, 2liv3 has no liability relating to your content. Specifically, 2liv3 is not liable for any lost or damaged content, losses or damages resulting from content availability, or from others accessing your content. If your content is important, please ensure you keep adequate backups that do not rely on 2liv3.com. By using 2liv3.com you acknowledge that any content made available through it might be publicly accessible regardless of security measures.

Responsibility of Website Visitors

2liv3 has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, 2liv3 does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 2liv3 disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which 2liv3 links, and that link to 2liv3.com. 2liv3 does not have any control over those non-2liv3 websites and webpages, and is not responsible for their contents or their use. By linking to a non-2liv3 website or webpage, 2liv3 does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 2liv3 disclaims any responsibility for any harm resulting from your use of non-2liv3 websites and webpages.

Copyright Infringement and DMCA Policy

As 2liv3 asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by 2liv3.com violates your copyright, you are encouraged to notify 2liv3 in accordance with 2liv3’s Digital Millennium Copyright Act (“DMCA”) Policy. 2liv3 will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 2liv3 will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of 2liv3 or others.

Intellectual Property

This Agreement does not transfer from 2liv3 to you any 2liv3 or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 2liv3. Your use of the Website grants you no right or license to reproduce or otherwise use any 2liv3 or third-party trademarks.

2liv3 reserves the right to display advertisements on your site or any other page in 2liv3.com

Attribution

2liv3 reserves the right to display attribution links such as ‘Site at 2liv3.com,’ anywhere in your site.

Changes

2liv3 reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. 2liv3 may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

2liv3 may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your 2liv3.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. 2liv3 and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 2liv3 nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will 2liv3, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. 2liv3 shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the 2liv3 Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless 2liv3, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between 2liv3 and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 2liv3, or by the posting by 2liv3 of a revised version.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Irvine, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 2liv3 may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.