LIVEGIVING Terms of Service
Welcome to LIVEGIVING!
1. Your relationship with LIVEGIVING
1.1 Your use of LIVEGIVING’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by LIVEGIVING under a separate written agreement) is subject to the terms of a legal agreement between you and LIVEGIVING. “LIVEGIVING” means LIVEGIVING – People plus Inc., whose principal place of business is at 3401 Taney Road, Baltimore, MD 21215, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with LIVEGIVING, your agreement with LIVEGIVING will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3 Your agreement with LIVEGIVING will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and LIVEGIVING in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by LIVEGIVING in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that LIVEGIVING will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with LIVEGIVING, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where LIVEGIVING has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with LIVEGIVING.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by LIVEGIVING
4.1 LIVEGIVING has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of LIVEGIVING itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 LIVEGIVING is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which LIVEGIVING provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that LIVEGIVING may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at LIVEGIVING’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform LIVEGIVING when you stop using the Services.
4.4 You acknowledge and agree that if LIVEGIVING disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while LIVEGIVING may not currently have set a fixed upper limit on the number of videos you may store or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by LIVEGIVING at any time, at LIVEGIVING’s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to LIVEGIVING will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by LIVEGIVING, unless you have been specifically allowed to do so in a separate agreement with LIVEGIVING. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with LIVEGIVING, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that LIVEGIVING has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which LIVEGIVING may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to LIVEGIVING for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify LIVEGIVING immediately at: email@example.com
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with LIVEGIVING’s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to LIVEGIVING (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by LIVEGIVING or by the owners of that Content, in a separate agreement.
8.3 LIVEGIVING reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, LIVEGIVING may provide tools to filter out explicit sexual content. These tools include the SafeSearch preference settings. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that LIVEGIVING has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which LIVEGIVING may suffer) by doing so.
9. License from LIVEGIVING
9.1 LIVEGIVING gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by LIVEGIVING as part of the Services as provided to you by LIVEGIVING (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by LIVEGIVING, in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by LIVEGIVING, in writing.
9.3 Unless LIVEGIVING has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software....