IMPORTANT! PLEASE READ CAREFULLY!
These Terms of Service constitute a legal agreement and binding between you and Alivelook Holdings, LLC and spell out the terms and conditions to which users of any Alivelook Site are expected to adhere. Please read it carefully before using any of the Sites, because by clicking "I Agree" or by using this Site, you agree to be bound by the terms set forth here, as well as (i) the terms of our Privacy Statement and (ii) any supplemental terms of the applicable Site, all of which are hereby incorporated by reference into these Terms of Service (collectively referred to as the "Agreement"). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use the Sites. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here. These Terms of Service apply to Alivelook Holdings, LLC and any of its affiliates. (collectively, referred to herein as "Alivelook" "we" or "us").
I. ALIVELOOK CONTENT
The contents of the Alive Look webcast and other services (hereinafter, collectively, the “Service"), including all Sites, are intended for the personal, noncommercial use of its users. All materials published on the Sites (including, but not limited to webcasts, photographs, articles, images, illustrations, product descriptions, audio clips, video clips and any other Alive Look content (collectively, the "Content")) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Alive Look or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright and intellectual property laws. Except as may otherwise be set forth herein, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Sites or Service in whole or in part.
Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Alive Look, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
II. ALIVELOOK SUBMISSIONS
You agree that any video images or clips, sound clips, written materials, information, feedback, questions, comments and/or submissions to us of any kind in connection with any Site or our Service ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
To the extent required, by making any Submissions of any kind to Alive Look at any time, you hereby agree to assign a transferrable, worldwide, exclusive license to use in any fashion any Submissions materials provided to Alive Look, in the sole and exclusive discretion of Alive Look. Alive Look may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Alive Look or (iii) in connection with the sale of any of the Sites or the business unit associated with the Site.
This Site makes available the opportunity to make submissions and may eventually contain chat rooms, forums, message boards, and/or news groups to its users (“Site Forum”). You shall not upload to, or distribute or otherwise publish through a Site Forum any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals using the Site Forums. You agree not to use vulgar, abusive or hateful language. Site Forums within the Site and the Services available therein are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas. Alive Look does not endorse the opinions placed on these Site Forums. You acknowledge that any Submissions (e.g. Letters or Commentary) may be reproduced, published, transmitted and displayed by Alive Look in any manner, pursuant to above.
The Site Forums shall be used by you only in a noncommercial manner. You shall not, without the express approval of Alive Look, use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services that are competitive with Alive Look and the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.
While we do not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these video clips, sound clips, images, messages or other Content, Submissions or materials of any kind, Alive Look reserves the right, but not the obligation, to delete, move or edit video clips, sound clips, images, messages or other Content, Submissions or materials of any kind that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your video clips, sound clips, images, messages or other Content, Submissions or materials of any kind.
III. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent. To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for notice of claims of copyright infringement on this Site is:
By postal mail: Alivelook holdings, LLC
P.O. Box 2119
Centreville, Virginia 20122
By email: firstname.lastname@example.org
IV. THIRD PARTY LINKS
The Sites may contain links to other related World Wide Web Internet sites, resources and sponsors of Alive Look. Selection of an ad banner or link will redirect you off of a Alive Look Site to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of Alive Look. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Alive Look does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or webmaster of the third party Web site.
V. REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no video clips, sound clips, images, messages or other Content, Submissions or materials of any kind submitted by you or Alivelook's use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement, as well as contracts for the purchase of the goods offered on the Alive Look Store.
VI. YOUR DUTY TO INDEMNIFY AND DEFEND ALIVELOOK
You hereby indemnify, defend and hold Alive Look and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Alive Look reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of Alive Look without Alive Look's prior written approval.
VII. DISCLAIMER OF WARRANTIES
Alive Look neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Sites or the Service by any user, information provider or any other person or entity.
DISCLAIMER: THE SITES, THE SERVICE AND ANY MATERIALS PROVIDED BY ALIVE LOOK OR THIRD PARTIES THROUGH ANY OF THE SITES AND THE SERVICES ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU FURTHER ACKNOWLEDGE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND, ACCORDINGLY, THE ABOVE EXCLUSION AND DISCLAIMER MAY NOT APPLY TO YOU.
VIII. LIMITATION OF LIABILITY
NEITHER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY ALIVE LOOK OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ALIVE LOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALIVE LOOK'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
IX. INTERFERENCE WITH SYSTEM IS PROHIBITED
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
Alive Look may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Sites or Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.
Alive Look, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any Alive Look event or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any Alive Look employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a Alive Look employee or other individual.
These Terms of Service have been made in and shall be construed and enforced in accordance with New York law without regard to any conflict of law provisions. Alive Look makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the New York State Supreme Court, sitting in Orange County, New York or, if appropriate, the United States District Court for the Southern District of New York, White Plains Division.
All notices or official correspondence must be sent via postal mail to the following:
Alivelook holdings, LLC
P.O. Box 2119
Centreville, Virginia 20122
These Terms of Service, any Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and Alive Look with respect to your access and use of the Sites and Services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Alive Look with respect to the Sites or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.