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Terms And Conditions
TERMS OF SERVICE
Live Enterprise, LLC d/b/a MeetON.com ("MeetON.com" "we" "us" or "our") provides content streaming and social networking capabilities that enable the sharing of live and recorded video and audio content and chat via the Internet, mobile, and other data delivery means through MeetON.com's proprietary platform (the "Service") and our website accessible at meeton.com (the "Site"). For purposes of these Terms of Service, certain services offered by MeetON.com to facilitate the display and dissemination of such content to other users ("Broadcaster Services") shall be included in the definition of "the Service".
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
These Terms of Service ("Terms" or "Terms of Service") set forth the legally binding terms for your use of the Site. Your use of the Site signifies that you have read, understand and agree to be bound by these Terms, whether you are a "Visitor" (which means that you Use the Site without being registered) or a "Registered User" (which means that you have registered with MeetON.com). The term "User" refers to a Visitor or a Registered User. You are only authorized to use the Site (regardless of whether your use is intended) if you agree to abide by all applicable laws and these Terms. If you do not agree to abide by all applicable laws and these Terms, you should discontinue use of the Site immediately. To become a Registered User you must indicate your acceptance of these Terms during the registration process.
All policies currently posted on the Site, and all policies that may be posted by us on the Site in the future, in our sole discretion, are hereby incorporated into the Terms. Further, in order to use certain parts of the Site you may be required to agree to additional terms. All such additional terms are hereby incorporated into these Terms.
Modification of Terms
WE RESERVE THE RIGHT TO CHANGE, ADD TO OR DELETE PORTIONS OF THESE TERMS WITHOUT NOTICE TO YOU, IN OUR SOLE DISCRETION. If we do this, we will post such modifications on this page. Each such modification shall be effective upon posting. Your continued use of the Site after we post a modification signifies your acceptance of such modification. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.
Using the Site or the Service is void where prohibited by law. By using the Site or the Service, you represent and warrant that (a) all registration information you submit is truthful, accurate, current, and complete; (b) you are 14 years of age or older; (c) your use of the Site or Service does not violate any applicable law or regulation; and (d) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Your use of the Site or the Service may be terminated without notice to you if we believe that you are less than 14 years of age or if we believe that you have falsely represented your age as over 18.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content to the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, messages, and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of MeetON.com, including but not limited to all products, software and services offered via the Site.
MeetON.com may, in its sole discretion, discontinue or alter any aspect of the Service at any time, including, but not limited to: (i) restricting the time of availability; (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems; (iii) restricting the amount of use permitted; and (iv) restricting or terminating any user's right to use all or part of Service, at any time, at MeetON.com's sole discretion and without prior notice or liability.
Should MeetON.com provide to you a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify MeetON.com of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties.
Payment for Access to Certain Content; Fees and Billing
Access to certain Content may require subscription or access fees ("Fees"). You will only be able to access such Content by paying the Fees at the designated time(s). All Fees are non-refundable and non-transferable except as expressly provided in these Terms of Service. Transactions you complete through the Site and through your use of the Service may include sales tax based on the bill-to address and the applicable sales tax rate in effect at the time and location associated with your access to the Content. There is no prorated refund of any fees upon any termination or cancellation. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any).
You agree to pay MeetON.com for all charges at the prices then in effect for any access to or use of the Content by you or other persons (including your agents), and you hereby authorize MeetON.com to collect Fees by charging the credit card you provide to us.
CHARGE AUTHORIZATION FOR APPLICABLE FEES. YOU AUTHORIZE CREDIT OR CHARGE CARD BILLING BY MEETON.COM FOR ALL APPLICABLE FEES ASSOCIATED WITH YOUR ACCOUNT. YOU AGREE THAT THE FEES WILL BE CHARGED TO THE CREDIT OR CHARGE CARD THAT YOU HAVE PROVIDED TO MEETON.COM. YOU UNDERSTAND THAT ALL FEES AND CHARGES ARE NONREFUNDABLE. YOU AGREE THAT MEETON.COM WILL NOT BE RESPONSIBLE FOR ANY EXPENSES THAT YOU MAY INCUR RESULTING FROM OVERDRAWING OR EXCEEDING YOUR CREDIT LIMIT AS A RESULT OF A CHARGE MADE UNDER THESE TERMS OF SERVICE.
Your Use of the Service-Permissions and Restrictions
MeetON.com hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without MeetON.com's prior written authorization, unless MeetON.com makes available the means for such distribution through functionality offered by the Service (such as an embeddable player).
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than the video playback pages of the Service itself or other explicitly authorized means MeetON.com may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain MeetON.com's prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from MeetON.com appears on the same page and is of sufficient value to be the basis for such sales.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the MeetON.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MeetON.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MeetON.com reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes.
- You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- In your use of the Service, you will comply with all applicable laws.
MeetON.com has no obligation to monitor your use of the Service. You acknowledge and agree that MeetON.com reserves the right to, and may from time to time, monitor any and all Content transmitted or received through the Service. MeetON.com has the right, but not the obligation, in its sole discretion to review, edit, or delete any Content for any reason.
Your Use and Submission of Content – Permissions and Restrictions
- The Content on the Service, and the trademarks, service marks, and logos ("Marks") on the Service, are owned by or licensed by third parties to MeetON.com, subject to intellectual property rights under the law.
- Content is provided to you AS IS.
- You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service.
- You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of MeetON.com or the respective licensors of the Content. MeetON.com and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that MeetON.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MeetON.com with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless MeetON.com, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
- You may submit your own Content to the Service, including streaming and recorded videos and user comments, in MeetON.com's sole discretion. You understand that MeetON.com does not guarantee any confidentiality with respect to any Content you submit.
- MeetON.com reserves the right, but does not have the obligation, to use your name in connection with Content freely submitted to the Service.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to MeetON.com all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- You retain all of your ownership rights in your Content. However, by submitting Content to MeetON.com, you hereby grant MeetON.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and MeetON.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that MeetON.com may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant MeetON.com all of the license rights granted herein.
- You agree that that Content you submit to the Service will not contain unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, nor Content that contains harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments.
- MeetON.com does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and MeetON.com expressly disclaims any and all liability in connection with Content. MeetON.com does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and MeetON.com will remove all Content if properly notified that such Content infringes on another's intellectual property rights. MeetON.com reserves the right to remove Content without prior notice.
- You are entitled to download, export, burn, or copy music downloaded from MeetON.com solely for personal, noncommercial, entertainment use in accordance with the terms of these Terms of Service. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any music downloaded from MeetON.com or in any content, sound recording, underlying musical composition, artwork or other copyrightable matter embodied in any music purchased from MeetON.com. No right, title or interest in any music downloaded from MeetON.com or software is transferred to you as a result of any downloading or copying or otherwise. All rights in music downloaded from MeetON.com are owned by MeetON.com or its licensors and you have only a limited, nontransferable, nonexclusive, revocable, nonsublicensable right to use music downloaded from MeetON.com for personal use in accordance with the terms of these Terms of Service.
- You may not reproduce (except as noted above), share, transfer, publish, transmit, distribute, display, broadcast, re-broadcast, publicly perform, rent or lend, modify, edit, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the music downloaded from MeetON.com or the materials contained therein.
- You may not reverse engineer, decompile, disassemble, modify, disable or otherwise tamper with any of the security components, special rules or other protection applications for any reason whatsoever, including without limitation, any copy protection or use limitation systems associated with the music downloaded from MeetON.com. You may not play and then re-digitize any music downloaded from MeetON.com, or upload such music to the Internet.
- You may not use music downloaded from MeetON.com in conjunction with any other third-party content (e.g., to provide sound for a film). Your downloads of music from MeetON.com does not include any uses of the music that implicate or require synchronization rights or public performance rights or print publishing rights which would need to be obtained and/or paid by you with respect to the musical composition embodied in the music.
- You may not use any music downloaded from MeetON.com as musical "ringers" in connection with mobile devices. You may not sell or offer to sell the music downloaded from MeetON.com, including but not limited to, posting any such music for auction, on any Internet auction site.
- You may not infringe the rights of the copyright owners of music downloaded from MeetON.com and you agree to comply with all the laws in your use of such music.
- Music downloads from MeetON.com are available only in the United States and are not available in any other location. You agree not to use or attempt to use your downloaded music from MeetON.com from outside of the available territory. MeetON.com may use technologies to verify your compliance. You agree to abide by United States export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
- ALL SALES OR DOWNLOADS OF MUSIC FROM MEETON.COM ARE FINAL AND ALL CHARGES FROM THOSE SALES OR DOWNLOADS ARE NONREFUNDABLE, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS OF SERVICE.
- WITHOUT LIMITING ANY PROVISION HEREIN, MEETON.COM MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH YOUR PURCHASE OF MUSIC FROM THIS WEBSITE. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.
Use of Credits.
When you purchase or receive credits, you do not own the credits. Rather, you receive a limited right to use such credits in connection with certain features on the Site. MeetON.com may change the purchase price for credits in its sole discretion at any time, as well as the ways that you can use or transfer credits. We also reserve the right to stop issuing credits. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing. EXCEPT AS OTHERWISE STATED, PURCHASES OF CREDITS ARE NOT REFUNDABLE FOR ANY REASON.
If you deactivate your account and do not reactivate it within 6 months, or if you delete your account, you may, in our discretion, lose any accumulated credits. If we deactivate your account and you do not meet any conditions necessary to reinstate it within 6 months, you may, in our discretion, lose any accumulated credits. If you receive free or promotional Credits, we may expire them at any time.
Donation of Credits
MeetON.com gives some Broadcasters the option to take donations for a charity of their choice. When a Broadcaster has chosen to take donations, you will see a "Donate" button. After clicking the Donate button you will complete the transaction by choosing the number of credits you wish to donate and MeetON.com will send the US dollar equivalent amount to the charity along with your name, mailing address, and email address, so that the charity can send you a receipt. MeetON.com does not endorse or support the viewpoint or opinion adopted by any charitable cause on the site and expressly disclaims any liability in connection with the charity or the specific application of any charitable contributions. MeetON.com makes no claims with regard to whether or not a donation will be tax deductible.
MeetON.com may, in its sole discretion, offer material that has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of MeetON.com, and are provided "as is." No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of MeetON.com. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website, which is the official version.
GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Third-Party Goods and Services.
Parties other than MeetON.com may offer and sell products and services on the Site. For example, Broadcasters may offer memorabilia or clothing. Because we have no control over the quality of goods or services provided by third parties through the Site, you acknowledge and agree that we are not responsible for examining or evaluating, and we do not warrant, endorse or guarantee the offerings of any third parties. You acknowledge and agree that MeetON.com shall not be responsible or liable to you in any manner, directly or indirectly, for the actions, products or services of, or the content provided by, these or any other third parties or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on content provided by any third party and/or the quality of any goods or services offered by any third party through the Site, or otherwise.
Return and shipping policies for each third party product or service purchased by a customer through the Site will be available for review by the customer during the customer's shopping process. Goods or services purchased by a customer from a third party through the MeetON.com shopping platform are covered by each third party's individual return and shipping policies.
MeetON.com will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer of these Terms of Service.
MeetON.com reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. MeetON.com may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's access to the Service for submitting such material in violation of these Terms of Service.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You can contact MeetON.com's designated Copyright Agent as follows: Copyright Agent, Legal Department, MeetON.com, 3250 NE 1st Ave., Suite 305, Miami, Florida 33137, e-mail: email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MeetON.com's customer service department. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Guilford County, North Carolina, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, MeetON.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MeetON.com's sole discretion.
MeetON.com may in its sole discretion, but is not obligated to, provide online forms for purposes of submitted the DMCA information outlined above.
PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Other Intellectual Property ("IP") Claims
If you believe that some other IP right of yours is being infringed by a user, please provide MeetON.com's Designated Copyright Agent (specified above) with the following information:
- Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
- Information reasonably sufficient to permit MeetON.com to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
- Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for MeetON.com to determine without unreasonable effort that the IP has been infringed;
- Information reasonably sufficient to permit MeetON.com to identify the use being challenged;
- A statement under penalty of perjury that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
- A statement under penalty of perjury that all of the information in the notification is accurate and, that you are the IP owner, or are authorized to act on behalf of the IP owner.
Upon receipt of notice as described above, MeetON.com will seek to confirm the existence of the IP on the Site, notify the registered user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Site. A registered user may respond to MeetON.com's notice of takedown by showing either (a) that the claimant does not own the IP or (b) that the IP is not infringed. If the registered user succeeds in showing either (a), (b) or (c) then MeetON.com may exercise its discretion not to remove the IP. If MeetON.com decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.
MeetON.com has no obligation to adjudicate IP claims. Claimants and users must understand that MeetON.com is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold MeetON.com harmless from any resulting claims of infringement brought against MeetON.com.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEETON.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. MEETON.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE 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 OUR 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 OUR THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR 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. MEETON.COM 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 THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEETON.COM 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 THE SERVICE. 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.
Limitation of Liability
IN NO EVENT SHALL MEETON.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 OUR THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MEETON.COM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by MeetON.com from its facilities in the United States of America. MeetON.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Release and Indemnity
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless MeetON.com, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.
To the maximum extent permitted by law, you waive any and all rights you may have under Section 1542 of the Civil Code of California, and every like provision in any foreign jurisdiction. Section 1542 provides as follows:
- A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
United States Export Controls
You may not use, export, re-export, import, or transfer the Service or any part thereof except as authorized by United States law, the laws of the jurisdiction in which you access the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MeetON.com without restriction.
Updated: October 29, 2012
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or touching information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within the United States or internationally.
Information Collection and Use
Our primary goals in collecting information are to provide and improve the Service, features and content, to administer your membership, and to enable users to enjoy and easily navigate the Site. We also may also use your information in order to better understand how the Service is used. It is not our practice to sell, rent, or trade personal information.
- In the course of using the Service, we ask you to provide us with certain personally identifiable information that can be used to contact or identify you and administer your account ("Personal Information"). Personal Information may include, but is not limited to, your name, phone number, credit card or other billing information, email address, home and business postal addresses, and Site usage information. We use your Personal Information mainly to provide the Service and administer your inquiries.
- We also collect the other information that you provide as part of your use of the Service, including via your registration and the administration and personalization of your profile webpage (e.g., without limitation zip code, gender, age and individual preferences) ("Non-Identifying Information"). Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified, but the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users of the Service to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how the Service is used.
- We also use your Personal Information to contact you with marketing or promotional materials and other information that may be of interest to you.
- We may offer special access to pay-per-view or other special promotional events (e.g., live broadcast of concerts), and we may share your Personal Information, excluding including banking or credit card information, with those entities, broadcasters, and advertisers that are participating in such event.
- We may share your Personal Information with law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other broadcaster or user to legal liability. In such events, we will disclose information relevant to the investigation, such as name, city, state, ZIP code, telephone number, email address, user history, IP address, and anything else we may deem relevant to the investigation.
- If you make a charitable donation on MeetON.com, we may send the charitable organization some or all of the following personal information so that the organization can send you a receipt: your name, mailing address, and email address.
- If you are a Broadcaster, we may ask for your tax identification number and bank account information, which we will use to pay you for your share of revenues for broadcasts containing your Broadcaster Content.
- Information posted to message boards, chat rooms, blogs and other user forums become public information. Use caution when posting. Individuals under the age of 18 should use additional care not to provide any personally identifying information when participating in any area of the Site where postings might become public. We are not responsible for Personal Information you submit in connection with these areas on the Site, nor are we responsible for how others might use that information, including to send you unsolicited messages.
- California Law permits users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
Coookies, IP Addresses, and Other Software and Hardware Attributes
On rare occasions, we may disclose specific information upon governmental request, in response to a subpoena or court order, or when required by law to do so. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to report and/or prevent fraud or other illegal activity perpetrated through the Site, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.
Third Party Advertising
Additionally, these third party advertisers may serve ads and/or collect certain anonymous information when you visit the Site. These companies may use Non-Identifying Information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this Site and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit www.networkadvertising.org.
Changing or Deleting Your Information
At any time, you may review, update, correct or delete the Personal Information in your registration profile by contacting us. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your record in our system, please contact us and we will attempt to accommodate your request. See below for privacy contact information.
We employ reasonable physical, technological, and administrative security measures and attempt to ensure they are applicable under the circumstances. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We will make any legally required disclosures of any breach of the security, confidentiality or integrity of your unencrypted electronically stored Personal Data (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Our Policy Toward Children
We do not knowingly collect personally identifiable information from children under the age of 14. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at email@example.com. If we become aware that a child under the age of 14 has provided us with Personal Information, we will delete such information from our files.
Live Enterprise, LLC d/b/a MeetON.com
3250 NE 1st Ave., Suite 305
Miami, Florida 33137
Updated: January 20, 2013
Online Broadcaster License Agreement
ONLINE BROADCASTER LICENSE AGREEMENT
Live Enterprise, LLC d/b/a MeetON.com ("MeetON.com" "we" "us" or "our") provides content streaming and social networking capabilities that enable the sharing of live and recorded audio and audio-visual content, photographs, and chat via the Internet, mobile, and other data delivery means through MeetON.com's proprietary platform and our website accessible at MeetON.com (the "Site").
MeetON.com may provide you with notices, including those regarding changes to this License Agreement by e-mail, regular mail, or postings on the Site. Notice will be deemed given 24 hours after such e-mail is sent, unless MeetON.com is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you though the Service. In such case, notice will be deemed given 3 days after the date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting.
Note, however, that although we may attempt to notify you when changes are made to this License Agreement, we have no obligation to do so. You should periodically review the most up-to-date version on the Site. MeetON.com may, in its sole discretion, modify or revise this License Agreement and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this License Agreement shall be deemed to confer any third-party rights or benefits.
YOUR CONTINUED USE OF THE SITE AND THE BROADCASTING SERVICES FOLLOWING MEETON.COM'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS LICENSE AGREEMENT, DO NOT CONTINUE TO USE THE BROADCASTING SERVICES OR THE SITE.
- Broadcaster hereby grants MeetON.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, publish, broadcast, exhibit and prepare derivative works of, publicly display, and publicly perform the audio and audio-visual content submitted by Broadcaster to the Site, and to obtain, use, and display other information about Broadcaster, including but not limited to Broadcaster's name, likeness, photograph, voice, dialogue, sounds, biographical information, personal characteristics and/or other personal identification of Broadcaster and those acting on behalf of or in concert with Broadcaster, including but not limited to any other individuals whose contributions appear within the audio or audio-visual works submitted by Broadcaster to the Site (collectively, the "Broadcaster Content") in any form or medium of media presently known or developed in the future in connection with MeetON.com and MeetON.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Broadcasting Services (and derivative works thereof) in any media formats and through any media channels presently known or developed in the future including the marketing, advertising, commercial exploitation and merchandising of MeetON.com. You also hereby grant each user of the Site a non-exclusive license to access the Broadcaster Content through the Site, and to use, reproduce, distribute, publicly display and publicly perform such Broadcaster Content as permitted through the functionality of the Broadcasting Services and under this License Agreement. The above licenses granted by you in Broadcaster Content you submit through the Broadcasting Services terminate within a commercially reasonable time after you remove or delete your Broadcaster Content from the Site. You understand and agree, however, that MeetON.com may retain, but not display, distribute, or perform, server copies of your Broadcaster Content that have been removed or deleted.
- MeetON.com shall have a worldwide, non-exclusive, fully transferable to (i) any parent, subsidiary, sister corporation, joint venture partner or affiliate thereof, or other affiliate of the MeetON.com; (ii) a person or entity acquiring all or substantially all of the assets of MeetON.com; or (iii) an entity merged into or consolidated with MeetON.com), license to advertise, promote, or use music provided to MeetON.com pursuant to this License Agreement, in marketing and promotional materials, in any and all media now known or hereafter invented.
- MeetON.com shall have a worldwide, non-exclusive, fully transferable to (i) any parent, subsidiary, sister corporation, joint venture partner or affiliate thereof, or other affiliate of the MeetON.com; (ii) a person or entity acquiring all or substantially all of the assets of MeetON.com; or (iii) an entity merged into or consolidated with MeetON.com), right to synchronize the music provided to MeetON.com pursuant to this License Agreement in marketing and promotional materials, in any and all media now known or hereafter invented.
- Broadcaster understands that Broadcaster Content may be copied and distributed by means of various media, including, but not limited to, audio or audio-visual presentations in any format, MeetON.com promotional materials and/or Internet or intranet websites, without any further authorization or notice to Broadcaster.
- Broadcaster acknowledges and agrees that MeetON.com is under no obligation to use or display the Broadcaster Content
- The licenses granted herein shall continue for the term of this License Agreement.
Ownership of Broadcaster Content. The copyrights in and to all Broadcaster Content remain with the owner of such copyrights. Nothing contained herein shall be construed to transfer any copyrights to MeetON.com.
Broadcaster's Obligations and Representations.
- Broadcaster acknowledges and agrees that it shall bear sole legal responsibility for all Broadcaster Content, products, services or other information, including but not limited to music or videos, which it provides to MeetON.com.
Broadcaster represents and warrants that:
- the individual signing this License Agreement on Broadcaster's behalf is authorized to bind Broadcaster to the terms of this License Agreement;
- the Broadcaster Content either consists of original works of Broadcaster, or Broadcaster otherwise has all rights necessary to grant the rights in the Broadcaster Content hereunder, and no further permissions are necessary for the purpose of allowing use of the Broadcaster Content by MeetON.com and its users as provided hereunder;
- Broadcaster has obtained valid and accurate model releases, if applicable, for all Broadcaster Content that contains an identifiable face or identifiable human figure or other identifiable attribute and that Broadcaster shall be solely responsible for retaining all original model releases and maintaining complete and accurate model release records;
- the use of the Broadcaster Content by MeetON.com and its users as provided hereunder shall not violate or infringe the rights of any third party, including, without limitation, any rights arising under United States or foreign trade secret, patent, copyright, trademark, rights of publicity/privacy or other intellectual property laws;
- the Broadcaster Content shall not contain unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, nor harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments;
- Broadcaster has not entered into any written, oral, or other binding agreement or proposition of any kind that precludes MeetON.com's right to use, distribute, display, or reproduce the Broadcaster Content in the manner contemplated herein, and to display in any manner and on any MeetON.com property the results of search queries and comparisons conducted on MeetON.com; and,
- Except as otherwise set forth herein, no fees shall be due to any third party, including but not limited to ASCAP, BMI, SESAC or any other performing rights organization, or to any guild, as a result of the exercise of the rights granted hereunder by MeetON.com and its users.
- Broadcasts/Video on Demand. Broadcaster shall receive payment for each broadcast/video on demand containing Broadcaster Content as follows: Broadcaster shall be entitled to a pre-approved percentage of revenues from each such broadcast/video on demand based on the number of credits consumed by viewers of that broadcast/video on demand, assuming a revenue value of ten cents (US$0.10) per credit. For example, if a Broadcaster is entitled to 50% of revenues from a particular broadcast, the broadcast costs a viewer 100 credits, and 1,000 viewers view the broadcast, Broadcaster will be entitled to US$5,000 for that broadcast.
- Broadcaster Content (Photographs). Broadcaster shall receive payment for downloadable Broadcaster Content consisting of photographs only, as follows: Broadcaster shall be entitled to a pre-approved percentage of revenues from each such download based on the number of credits paid for such download, assuming a revenue value of ten cents (US$0.10) per credit. For example, if a Broadcaster is entitled to 50% of revenues from a particular download, and a user purchases the download for 100 credits, Broadcaster will be entitled to US$5.00.
- Downloadable Broadcaster Content (Music). Broadcaster shall receive payment for audio content (i.e., songs) that are downloadable on the Site where Broadcaster is the lead Artist on such content, as follows: Broadcaster shall be entitled to five cents ($0.05) from each such download.
- Receipt of payment. Upon the request of Broadcaster, Payments of Broadcaster's portion of the revenues (the "Broadcaster Profit") shall be received electronically (in a form to be determined) or check by Broadcaster on a 30-day cycle, with payments made on the first and fifteenth days of each calendar month. For example, payment for a broadcast occurring on September 2 will be made on October 15. Payment for a broadcast occurring on September 16 will be made on November 1.
- Taxes. Broadcaster shall pay any applicable taxes, including sales, use, personal property, value-added, excise, customs fees, import duties or stamp duties or other taxes and duties imposed by governmental agencies of whatever kind and imposed with respect to all transactions under this License Agreement, including penalties and interest, but specifically excluding taxes based upon MeetON.com's net income.
- Waiver of Additional Compensation. Unless set forth in a separate agreement between Broadcaster and MeetON.com, Broadcaster waives any and all rights it may have to any additional compensation, and acknowledges and agrees that a significant element of the consideration it is receiving under this License Agreement is the publicity Broadcaster will receive if MeetON.com displays or disseminates that Broadcaster Content pursuant to this License Agreement.
- Donating Credits. At its sole discretion, MeetON.com gives some Broadcasters the option to take donations for a charity of their choice. If you have chosen to take donations, viewers will see a "Donate" button. After clicking the Donate button viewers will complete the transaction by choosing the number of credits they wish to donate and MeetON.com will send the US dollar equivalent amount to the charity so that the charity can send the viewer a receipt. MeetON.com does not endorse or support any opinion or cause promoted by any of the charities on the site and expressly disclaims any liability in connection with the charitable donation or the specific application of the charitable donation. MeetON.com makes no claims with regard to whether or not a donation will be tax deductible.
Term / Termination.
- Term. The term of this License Agreement commences on the earlier of (i) the date that Broadcaster begins utilization of the Broadcasting Services or (ii) the date that Broadcaster confirms its acceptance of this License Agreement by clicking the "I Accept" or "I Agree" button, and shall continue until terminated by Broadcaster or MeetON.com pursuant to this License Agreement.
- By MeetON.com. MeetON.com may terminate this License Agreement on seven (7) days notice if Broadcaster has materially breached or is otherwise not in compliance with any provision of this License Agreement, and such breach or noncompliance is not cured within such seven (7) day period. MeetON.com reserves the right to immediately suspend Broadcaster's access to or use of the Broadcaster Services, without notice, until such breach or noncompliance is cured to MeetON.com's satisfaction.
- By Broadcaster. Broadcaster may terminate this License Agreement at any time by providing written notice to MeetON.com.
- Terminationfor Illegal or Other Activity. Notwithstanding the foregoing, MeetON.com may, but has no duty to, immediately terminate Broadcaster and/or remove or disable access to some or all of the Broadcaster Content from MeetON.com's or its affiliates' servers without notice if MeetON.com in its sole discretion concludes that Broadcaster is engaged in illegal activities or is engaged in activities or sales that may damage or infringe the rights of MeetON.com or others. Any termination under this section shall take effect immediately and Broadcaster expressly agrees that it shall not have any opportunity to cure.
- Deletion of Information. Upon termination, MeetON.com reserves the right (but does not have the obligation) to delete from its or its affiliates' servers any and all information pertaining to Broadcaster, including but not limited to, Broadcaster Content.
Digital Millennium Copyright Act. Broadcaster has reviewed MeetON.com's Terms of Service, posted elsewhere on the Site, and agrees to abide by its terms. In addition to any other bases for removal of or disabling access to Broadcaster Content hereunder, MeetON.com may remove or disable access to Broadcaster Content upon receipt of a proper notification from a copyright owner pursuant to the Digital Millennium Copyright Act and/or any applicable copyright laws and regulations. If Broadcaster Content is removed, or if access to such content is disabled, following a notification provided to MeetON.com pursuant to the Digital Millennium Copyright Act and/or any applicable copyright laws and regulations, and if you believe that the removed Broadcaster Content was not infringing, or that you otherwise have the authorization from the copyright owner, the copyright owner's agent or pursuant to the law, to post or use the material in the Broadcaster Content, you may send a counter-notice to MeetON.com's Copyright Agent (as designated in the Terms of Service) containing the following information:
- Your physical or electronic signature;
- Identification of the Broadcaster Content that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and,
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the Southern District of Florida (USA), together with a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, MeetON.com may send a copy of the counter-notice to the original complaining party, notifying that party that it may replace the removed Broadcaster Content or cease disabling access to it within 10 business days. Unless the original complaining party files an action seeking a court order against you, the removed Broadcaster Content may be replaced, or access restored, in 10 to 14 business days, or more, after receipt of the counter-notice, at MeetON.com's sole discretion.
- Release, Hold Harmless, and Indemnity. Broadcaster agrees to defend, indemnify and hold harmless MeetON.com., its affiliates, owners, representatives, officers, employees, agents, and assigns against any and all liability, claims, judgments, demands for damages and costs (including reasonable outside attorney fees and costs) arising out of or resulting from the actions or omissions to act of, or verbal or written disclosures or statements made by, Broadcaster or its representatives, members, contractors, officers, employees, agents, assigns or invitees, in connection with the performance of its obligations under this License Agreement or any performances associated in any way with MeetON.com, including, but not limited to claims attributable to or arising from breaches of the Broadcaster's express representations and warranties contained in this License Agreement, except those which are due to the negligence or the intentional or gross misconduct of MeetON.com, its owners, representatives, officers, employees, agents, and/or assigns. Artist agrees to pay MeetON.com's reasonable attorney and expert witness fees and costs incurred in enforcing this License Agreement.
- Password Security. Broadcaster's password may be used only to access and use the Broadcaster Services. Broadcaster is solely responsible for maintaining the security of its password. Broadcaster may not disclose its password to any third party (other than third parties authorized by Broadcaster to use its account) and is solely responsible for any use of or action taken under its password.
Disclaimer of Warranties and Limitation of Liabilities. MEETON.COM'S BROADCASTING SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
NEITHER THESE TERMS AND CONDITIONS NOR ANY DOCUMENTATION FURNISHED TO BROADCASTER BY MEETON.COM IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE BROADCASTING SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE TOOLS WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE.
BROADCASTER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BROADCASTING SERVICES IS DONE AT ITS OWN DISCRETION AND RISK AND THAT BROADCASTER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. MEETON.COM, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF MEETON.COM IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM BROADCASTER'S USE OR INABILITY TO USE THE BROADCASTING SERVICES OR THE TOOLS, OR THAT RESULT FORM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OR PERFORMANCE OF THE BROADCASTING SERVICES OR THE TOOLS.
THE LIABILITY OF MEETON.COM, ITS AFFILIATES, OWNERS, REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, OR ASSIGNS, TO BROADCASTER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY MEETON.COM TO BROADCASTER OVER THE COURSE OF THE EXISTING TERM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Choice of Law and Forum. This License Agreement shall be governed and construed under the laws of the State of Florida (USA) without regard to its choice of law provisions, and any claim or conflict arising out of this License Agreement shall be adjudicated in Miami-Dade County, Florida. The parties hereby submit to the jurisdiction of such Florida courts.
- Binding Effect. This License Agreement shall be binding and inure to the benefit of the parties and their legal representatives.
- Headings. The headings in this License Agreement are for reference only and shall not affect the interpretation of this License Agreement.
- Survival. Any provisions of this License Agreement relating to Obligations and Representations, Compensation, Release, Hold Harmless, and Indemnity, Disclaimer of Warranties and Limitations of Liabilities, and Choice of Law and Forum, shall survive any termination of this Agreement.
- Severability. All provisions of this License Agreement are severable, and invalidation by a court of competent jurisdiction of one or more provisions does not operate to invalidate the entire License Agreement.
- Modification. This License Agreement can only be added to, amended, modified, change or portions deleted by written documentation duly executed by both parties.
- Waivers. No waiver of any provision of this License Agreement, and no consent to any default under this License Agreement, shall be effective unless the same is in writing and signed by an authorized representative of the party against whom such waiver, or consent is claimed. In addition, no course of dealing or failure of a party to strictly enforce any term, right, or condition of this License Agreement shall be construed as a waiver of such term, right, or condition.
- Notices to Broadcaster. All notices to you will be sent by e-mail or will be posted on the Site. We will send notices to you at the e-mail address maintained in our records for Seller. Seller will monitor his or her e-mail messages to ensure awareness of any notices sent by us.
- Notices to MeetON.com. Broadcaster may send notices to MeetON.com regarding this License Agreement to firstname.lastname@example.org or Live Enterprise, LLC d/b/a MeetON.com, 3250 NE 1st Ave., Suite 305, Miami, Florida 33137, USA.
- Receipt of Notice. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient. If not sent by e-mail, notice may be provided in writing and mailed, postage paid, First Class mail properly addressed or personally delivered by express courier such as Federal Express. First Class mail is properly addressed if sent by us to the address maintained in our records for Seller. First Class mail is properly addressed if sent by Seller to the current address published by us on our Web site. First Class mail is deemed received three Business Days after it is mailed in the U.S. Mail. A notice sent by express courier is deemed received when personally delivered to the intended recipient or to a person with apparent authority to receive such delivery on behalf of the intended recipient.
Updated: November 5, 2013