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PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. LIVED ART MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
THE CONTENT
OF THIS WEB SITE IS THE SOLE PROPERTY OF LIVED ART AND MAY NOT BE
REPRODUCED WITHOUT THE WRITTEN CONSENT OF THE ARTIST.
WEB SITE
AGREEMENT
The LIVED ART Web
Site (the “Site”) is an online information service provided by LIVED
ART (“LIVED ART ”), subject to your compliance with the terms
and conditions set forth below.
Credits and
Copyright Notice
Credits and
Copyright Notice This World Wide Web site was created by LIVED ART
PRODUCTIONS
for LIVED ART.
This entire site is
copyright © 2006 by LIVED ART. All rights are reserved. In addition,
certain parts of this site may also be copyrighted by other parties.
The entire contents
of the Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are LIVED ART, its
affiliates or other third party licensors. You may not modify, copy,
reproduce, republish, upload, post, transmit, or distribute, in any
manner, the material on the site, including text, graphics, code
and/or software. You may print and download portions of material
from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete
any copyright or proprietary notices from the materials. You agree
to grant to LIVED ART a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by e-mail to
LIVED ART by all means and in any media now known or hereafter
developed. You also grant to LIVED ART the right to use your name in
connection with the submitted materials and other information as
well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have
no recourse against LIVED ART for any alleged or actual infringement
or misappropriation of any proprietary right in your communications
to LIVED ART.
Trademarks
Publications,
products, content or services referenced herein or on the Site are
the exclusive trademarks or service marks of LIVED ART. Other product
and company names mentioned in the Site may be the trademarks of
their respective owners.
Use of the Site
You understand
that, except for information, products or services clearly
identified as being supplied by LIVED ART, LIVED ART does not
operate, control or endorse any information, products or services on
the Internet in any way. Except for LIVED ART - identified
information, products or services, all information, products and
services offered through the Site or on the Internet generally are
offered by third parties that are not affiliated with LIVED ART. You
also understand that LIVED ART cannot and does not guarantee or
warrant that files available for downloading through the Site will
be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
LIVED ART provides the site and related information “as is” and does
not make any express or implied warranties, representations or
endorsements whatsoever (including without limitation warranties of
title or no infringement, or the implied warranties of
merchantability or fitness for a particular purpose) with regard to
the service, any merchandise information or service provided through
the service or on the internet generally, and LIVED ART shall not be
liable for any cost or damage arising either directly or indirectly
from any such transaction. It is solely your responsibility to
evaluate the accuracy, completeness and usefulness of all opinions,
advice, services, merchandise and other information provided through
the service or on the internet generally. LIVED ART does not warrant
that the service will be uninterrupted or error-free or that defects
in the service will be corrected.
You understand
further that the pure nature of the internet contains unedited
materials some of which are sexually explicit or may be offensive to
you. Your access to such materials is at your risk. LIVED ART has no
control over and accepts no responsibility whatsoever for such
materials.
Limitation of
Liability
In no event will
LIVED ART be liable for (i) any incidental, consequential, or
indirect damages (including, but not limited to, damages for loss of
profits, business interruption, loss of programs or information, and
the like) arising out of the use of or inability to use the service,
or any information, or transactions provided on the service, or
downloaded from the service, or any delay of such information or
service. Even if LIVED ART or its authorized representatives have
been advised of the possibility of such damages, or (ii) any claim
attributable to errors, omissions, or other inaccuracies in the
service and/or materials or information downloaded through the
service. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, the
above limitation may not apply to you. In such states, LIVED ART
liability is limited to the greatest extent permitted by law.
LIVED ART makes no
representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you
access a non-LIVED ART web site, please understand that it is
independent from LIVED ART, and that LIVED ART has no control over
the content on that web site. In addition, a link to a LIVED ART web
site does not mean that LIVED ART endorses or accepts any
responsibility for the content, or the use, of such web site.
Indemnification
You agree to
indemnify, defend and hold harmless LIVED ART, its officers,
directors, employees, agents, licensors, suppliers and any third
party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys’
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
Third Party
Rights
The provisions of
the paragraphs above entitled, “Use of the Service” and
“Indemnification” are for the benefit of LIVED ART and its officers,
directors, employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
Term;
Termination
This Agreement may
be terminated by either party without notice at any time for any
reason. The provisions of the paragraphs entitled, “Credits and
Copyright Notice”, “Use of the Service”, “Indemnification”, “Third
Party Rights” and “Miscellaneous” shall survive any termination of
this Agreement.
Privacy
Statement
LIVED ART has
created this privacy statement in order to demonstrate our firm
commitment to privacy. The following discloses our information
gathering and dissemination practices.
We may use your IP
address to help diagnose problems with our server, and to administer
our Web site. Your IP address may also used to gather broad
demographic information and generate user statistics.
This site contains
links to other sites. LIVED ART is not responsible for the privacy
practices or the content of such Web sites.
Our site provides
users the opportunity to opt-in and opt-out of our e-mail
distribution list at any time. Should you choose to fill out our
subscription form to supply us with your contact information; this
information is used to send e-mail updates regarding recent tax law
updates and articles of interest in the area of estate planning.
Should you sign up
for our email lists, we will not share your e-mail address or other
information with any third party.
Miscellaneous
This Agreement
shall all be governed and construed in accordance with the laws of
The United States of America applicable to agreements made and to be
performed in The United States of America. You agree that any legal
action or proceeding between LIVED ART and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in The United States of America. Any
cause of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. LIVED
ART's failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this
Agreement. LIVED ART may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not
expressly granted herein are reserved. |