Last Updated: March 23, 2016
1. The Information LiveSigning Collects:
Information You Provide: You may provide to LiveSigning what is generally called "personally identifiable" information (such as your name, email address, credit card number, postal mailing address, and telephone numbers) if you use certain services or products from the LiveSigning Service, enter contests or sweepstakes, or otherwise use the features and functionality of the LiveSigning Service.
"Automatically Collected" Information: When you access the LiveSigning Service (including through your computer or your mobile device) or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This "automatically collected" information may include Internet Protocol address ("IP Address"), a unique user ID, version of software installed, system type, the content and pages that you access on the LiveSigning Service, and the dates and times that you visit the LiveSigning Service.
"Cookies" Information: When you access the LiveSigning Service, we may send one or more cookies . small text files containing a string of alphanumeric characters . to your computer. LiveSigning may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the LiveSigning Service. Persistent cookies can be removed. Please review your web browser "Help" file to learn the best way to modify your cookie settings.
"Pixel Tags" or "Clear Gifs" A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of our LiveSigning Service but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies the pixel tag will simply detect an anonymous website visit.
Your User ID. Your User ID is displayed throughout the LiveSigning Service when participating in LiveSigning events and is therefore available to the public. Other people may see your name and associated comments/questions. Therefore, if you associate your actual name with your user account on LiveSigning.com, the people to whom you have revealed your name will be able to personally identify your activities on the LiveSigning Service.
2. The Way LiveSigning Uses Information:
LiveSigning uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the LiveSigning Service as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act and other applicable laws.
We may use your email address or mobile number, without further consent, for administrative communications such as notifying you of major LiveSigning Service updates, for customer service purposes, and to send privacy or security related notices.
LiveSigning uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the LiveSigning Service works and looks, to create new features and functionality.
LiveSigning may use Automatically Collected information and Cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you access the LiveSigning Service; (b) provide customized third-party advertisements, content and information; (c) monitor and report on the effectiveness of third-party marketing campaigns; (d) monitor and report aggregate usage metrics such as total number of visitors and pages accessed; and (e) track your entries, submissions, and status in any promotions or other activities.
3. When LiveSigning Discloses Information:
LiveSigning does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent. Please be aware, however, that any personally identifiable information that you voluntarily choose to display on any publicly available portion of the LiveSigning Service, such as when you make comments or ask questions before and during a LiveSigning event, becomes publicly available and may be collected and used by others without restriction.
LiveSigning may disclose Automatically Collected and other aggregate non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist those parties in understanding the usage and demographic patterns for certain content, services, advertisements, promotions, or other functionality on the LiveSigning Service.
LiveSigning may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright or trademark law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.
4. Your Choices and Access to your Personal Information
You may, of course, decline to share your personally-identifiable information with LiveSigning, in which case LiveSigning will not be able to provide to you some of the features and functionality found on the LiveSigning Service. You may view, update, correct, or delete your user information and preferences by contacting us at LiveSigning@PremiereCollectibles.com.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
5. Our Commitment to Data Security:
LiveSigning uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to LiveSigning, and you do so at your own risk. Once we receive your transmission of information, LiveSigning makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If LiveSigning learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. LiveSigning may post a notice on the LiveSigning Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at LiveSigning@PremiereCollectibles.com.
6. Our Commitment to Children's Privacy:
IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE LiveSigning SERVICE AT ANY TIME OR IN ANY MANNER.
Protecting the privacy of young children is especially important. For that reason, LiveSigning does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If LiveSigning learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the LiveSigning Service, then LiveSigning will take the appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 who has become a LiveSigning Service member, then please contact LiveSigning at LiveSigning@PremiereCollectibles.com to have that child's account terminated and information deleted.
7. International Visitors:
For Users visiting the LiveSigning Service from the European Union or other non-U.S. territories, please note that any data you enter into the LiveSigning Service will be transferred outside the European Union or such other non-U.S. territory for use by LiveSigning and its affiliates for any of the purposes described herein. In addition, because LiveSigning operates globally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the LiveSigning Service, you hereby expressly consent to such transfers of your data to the United States or other countries.
8. In the Event of Merger or Sale:
In the event that LiveSigning is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.
9. Third Parties
Except as otherwise expressly provided otherwise, this document addresses only the use and disclosure of information we collect from you or that you disclose to us. If you disclose your information to others besides LiveSigning, whether they are users of the LiveSigning Service or on other sites or services, different rules may apply to their use or disclosure of the information you disclose to them. LiveSigning does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
11. LiveSigning Contact Information:
LiveSigning reserves the right, at LiveSigning' discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the LiveSigning Service. Please check these Terms and any Policies periodically for changes. Your continued use of the LiveSigning Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective thirty (30) days after they are initially posted on the LiveSigning Service.
1. Ownership of Materials; Limited License
1.1 The data and materials on the LiveSigning Service, except the Produced Content (as defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the LiveSigning Service (collectively, the "Materials") are the intellectual property of LiveSigning, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with LiveSigning, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to LiveSigning or its affiliates and/or third party licensors. Except as expressly authorized by LiveSigning, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. LiveSigning reserves all rights not expressly granted in and to the LiveSigning Service and the Materials.
1.2 Subject to your compliance with the terms and conditions set out in these Terms, LiveSigning hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the LiveSigning Service for the non-commercial viewing of authorized LinearTV (as defined below).
2. Prohibited Uses
YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT (AND THE FOLLOWING SHALL SOMETIMES BE REFERRED TO AS "PROHIBITED USES"): (I) UPLOAD TO OR CREATE ON THE SITE ANY PRODUCED CONTENT THAT VIOLATES ANY LAW, REGULATION, TREATY OR THIRD PARTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADE SECRET, INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHTS); (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE LIVESIGNING OR ANY THIRD PARTY; (III) POST, UPLOAD TO, OR CREATE ANY PRODUCED CONTENT THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, VULGAR, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, OR, IN LIVESIGNING' SOLE DISCRETION, IS OTHERWISE INAPPROPRIATE; (IV) UNLESS YOU HAVE SUCCESSFULLY REGISTERED AND TIMELY PAID ALL FEES FOR A LIVESIGNING Premium ACCOUNT, POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS; (V) IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR ACCESS THE LIVESIGNING SERVICE ACCOUNTS OF OTHERS WITHOUT PERMISSION, MISREPRESENT THE SOURCE, IDENTITY, OR CONTENT OF INFORMATION TRANSMITTED VIA THE LIVESIGNING SERVICE, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY; (VI) USE THE LIVESIGNING SERVICE FOR ANY PURPOSE OTHER THAN TO ACCESS THE LIVESIGNING SERVICE AS SUCH SERVICES ARE OFFERED BY LIVESIGNING; (VII) CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE LIVESIGNING SERVICE OR FEATURES THAT PREVENT, LIMIT OR RESTRICT USE OR COPYING OF ANY MATERIALS OR ANOTHER USER'S PRODUCED CONTENT; (VIII) RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRBUTE OR OTHEWISE TRANSFER THE LICENSES GRANTED HEREIN OR ANY MATERIALS. FOR CLARITY, YOU MAY NOT ASSIGN, SELL, OR TRANSFER ANY OF YOUR LINEARTV CHANNELS. (IX) DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE LIVESIGNING SERVICE OR ANY THIRD PARTY CONTENT; (X) MAKE UNSOLICITED OFFERS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER USERS OF THE LIVESIGNING SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, UNSOLICITED ADVERTISING, PROMOTIONAL MATERIALS, OR OTHER SOLICITATION MATERIAL, BULK MAILING OF COMMERCIAL ADVERTISING, CHAIN MAIL, INFORMATIONAL ANNOUNCEMENTS, CHARITY REQUESTS, AND PETITIONS FOR SIGNATURES; (XI) USE THE LIVESIGNING SERVICE FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY; (XII) DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD USERS OF THE LIVESIGNING SERVICE, OR COLLECT, OR ATTEMPT TO COLLECT, PERSONAL INFORMATION ABOUT USERS OR THIRD PARTIES WITHOUT THEIR CONSENT, OR, EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, USE MATERIALS, THIRD PARTY PRODUCED CONTENT, OR OTHER CONTENT ON THE LIVESIGNING SERVICE FOR ANY COMMERCIAL USE, IT BEING UNDERSTOOD THAT, OTHER THAN AS EXPRESSLY STATED HEREIN, THE MATERIALS, THIRD PARTY PRODUCED CONTENT AND OTHER CONTENT AVAILABLE ON THE LIVESIGNING SERVICE IS FOR PERSONAL, NON-COMMERCIAL USE ONLY; (XIII) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE LIVESIGNING SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION; (XIV) MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE LIVESIGNING SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION; (XV) INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE LIVESIGNING SERVICE OR ANY USER'S ENJOYMENT OF THEM, BY ANY MEANS, INCLUDING UPLOADING OR OTHERWISE DISSEMINATING VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER MALICIOUS CODE; (XVI) TAKE ANY ACTION THAT MAY UNDERMINE LIVESIGNING' RATING AND COMMENT SYSTEM (SUCH AS DISPLAYING, IMPORTING OR EXPORTING INFORMATION OFF THE LIVESIGNING SERVICE, USING INFORMATION ON THE LIVESIGNING SERVICE FOR PURPOSES UNRELATED TO THE LIVESIGNING SERVICE, OR IMPROPERLY MANIPULATING OR USING THE RATINGS AND COMMENT SYSTEM); (XVII) TAKE ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN LIVESIGNING'S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON LIVESIGNING' INFRASTRUCTURE; (XVIII) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE LIVESIGNING SERVICE OR ANY ACTIVITIES CONDUCTED ON THE LIVESIGNING SERVICE; (XIX) BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES LIVESIGNING MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE LIVESIGNING SERVICE; (XX) UNLESS YOU HAVE SUCESSFULLY REGISTERED AND TIMELY PAID ALL FEES FOR A LIVESIGNING Premium ACCOUNT, UPLOAD OR POST ANY PRODUCED CONTENTS THAT CONTAIN ADVERTISING OR OTHER PROMOTIONAL MATERIAL, INCLUDING LINKS TO SUCH MATERIAL UNLESS EXPRESSLY AUTHORIZED BY LIVESIGNING; OR (XXI) REGISTER MORE THAN FIVE (5) ACCOUNTS AND/OR TEN (10) LINEARTV CHANNELS.
3.1 LiveSigning. You agree that LiveSigning, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with LiveSigning or your use of the LiveSigning Service and remove and discard all or any part of your account, User profile, and any Produced Content, at any time. LiveSigning may also in its sole discretion and at any time discontinue providing access to the LiveSigning Service, or any part thereof (including without limitation all Materials), with or without notice. You agree that any termination or suspension of your access to the LiveSigning Service or any account you may have or portion thereof may be effected without prior notice, and you agree that LiveSigning will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies LiveSigning may have at law or in equity. As discussed herein, LiveSigning does not permit copyright infringing activities on the LiveSigning Service, and shall be permitted to terminate access to the LiveSigning Service, and remove any Produced Content or other content submitted by any Users who are found to be repeat infringers.
3.3 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 3, 4, and 6-20.
4. Copyright infringement notification
4.1 If you are a copyright owner or an agent thereof (the "Copyright Owner") and believe that any content on the LiveSigning Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA"). This notification of claimed infringement must be a written communication provided to the designated agent of LiveSigning that includes the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works. (iii) 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 LiveSigning to locate the material. (iv) Information reasonably sufficient to permit LiveSigning to contact the Copyright Owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright Owner may be contacted. (v) A statement that the Copyright Owner 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. (vi) 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 Copyright Owner of an exclusive right that is allegedly infringed.
4.2 LiveSigning' registered designated copyright agent to receive notifications of claimed infringement is: Duane Ward. His contact information is as follows:
Meridian Pratt 109 International Dr. STE 300 Franklin, TN, 37067, USA. LiveSigning@PremiereCollectibles.com
4.3 Only DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to LiveSigning customer service at Meridian Pratt, 109 International Dr. STE 300 Franklin, TN 37067, USA. Any notification of claimed infringement that does not comply with the DMCA's requirements, is invalid.
4.4 If you receive notice from LiveSigning that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide LiveSigning with a counter notification. To be valid, a counter notification must be a written communication provided to LiveSigning' designated agent as mentioned in section 4.2 that includes substantially the following:
(i) Your physical or electronic signature. (ii) Identification of the material 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. (iii) 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. (iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the jurisdiction of the United States District Court for the Middle District of Tennessee, and that you will accept service of process from the Copyright Owner who provided notification as mentioned in section 4.1 or an agent of such person.
4.5 LiveSigning reserves the right to terminate without notice any User's access to the LiveSigning Service if that User is determined by LiveSigning to be a "repeat infringer." In addition, LiveSigning accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
5. Registration, Accounts and Passwords
5.1 If you become a registered member and create an account on the LiveSigning Service, you agree to be responsible and/or liable for: maintaining the confidentiality of passwords or other account identifiers which you choose; and all activities that occur under such password or account identifiers.
5.2 You agree to notify LiveSigning of: any loss of your password or account identifiers; and any unauthorized use of your password or account identifiers.
5.3 Without limiting anything in this Agreement, LiveSigning will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 5.
6. Third Party Websites
CONTENT ON THE LIVESIGNING SERVICE, INCLUDING WITHOUT LIMITATION, MATERIALS, AND PRODUCED CONTENT, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
LIVESIGNING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE LIVESIGNING SERVICE AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIVESIGNING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE LIVESIGNING SERVICE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE LIVESIGNING SERVICE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE LIVESIGNING SERVICE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF LIVESIGNING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS .
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, LIVESIGNING MAKES NO WARRANTY THAT THE LIVESIGNING SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE LIVESIGNING SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIVESIGNING OR THROUGH THE LIVESIGNING SERVICE WILL CREATE ANY WARRANTY. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE LIVESIGNING SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIVESIGNING', AND ITS OFFICERS', DIRECTORS', EMPLOYEES', AFFILIATES', AGENTS', LICENSORS', AND SUPPLIERS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability
IN NO EVENT WILL LIVESIGNING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS LIVESIGNING SERVICE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS LIVESIGNING SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THIS LIVESIGNING SERVICE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE LIVESIGNING SERVICE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE LIVESIGNING SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE LIVESIGNING SERVICE BY ANY THIRD PARTY.
IN NO EVENT WILL LIVESIGNING OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE LIVESIGNING SERVICE OR YOUR INTERACTION WITH OTHER LIVESIGNING SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO LIVESIGNING DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
LIVESIGNING RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE LIVESIGNING SERVICE OR THE CONTENT ON THE LIVESIGNING SERVICE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF LIVESIGNING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN LIVESIGNING AND RECEIVED THROUGH OR ADVERTISED ON THE LIVESIGNING SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU SPECIFICALLY ACKNOWLEDGE THAT LIVESIGNING SHALL NOT BE LIABLE FOR PRODUCED 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.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, LIVESIGNING', ITS OFFICERS', DIRECTORS', EMPLOYEES', AFFILIATES', AGENTS', LICENSORS' AND SUPPLIERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless LiveSigning, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
LiveSigning reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify LiveSigning, and you agree to cooperate with LiveSigning' defense of these claims.
11. Release for disputes between users.
LiveSigning does not control the actions of its Users. If you have a dispute with one or more Users, you release LiveSigning (and LiveSigning' officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
13. Waiver and Severability
LiveSigning may provide you with notices, including those regarding changes to LiveSigning' terms and conditions, by email, regular mail or postings on the LiveSigning Service. Notice will be deemed given twenty-four hours after email is sent, unless LiveSigning is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the LiveSigning Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the LiveSigning Service is deemed given 30 days following the initial posting.
15. Choice of Law and Forum
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
17. Entire Agreement.
This is the entire agreement between you and LiveSigning relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Policies made by LiveSigning as set forth above.
18. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
19. No Third Party Beneficiaries
The parties specifically disavow any desire or intention to created a "third party" beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.
The services are offered by LiveSigning 109 International Dr. STE 300 Franklin, TN 37067, USA and email: LiveSigning@PremiereCollectibles.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.