© 2019 by CODE LOTUS LLP US  All rights reserved.

 

                              Rules for Use of the Service

 

By using the Live Verse Media LLC Services, including by registering for the Live Verse Media LLC Services, participating in Live Verse Media LLC social networking features, forums and discussions, Submitting User Materials through the Live Verse Media LLC Services, the Contact Us page or other means, using Content Feeds, API Content, or Podcasts, or by using any other features of the Live Verse Media LLC Services, you agree to the following rules:

 

  1. You must be at least eighteen (18) years of age to submit any User Materials or personally-identifying information on or through the Live Verse Media LLC Services; create a public profile; participate in any online contests; and/or place an order on the Live Verse Media LLC Shop. If you are between the ages of 13 and 18, you may browse the Live Verse Media LLC Services or register for email newsletters or other features of the Live Verse Media LLC Services with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.

  2. You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.

  3. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.

  4. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Live Verse Media LLC, Live Verse Media LLC member stations, and users of the Live Verse Media LLC Services (to the extent permitted by these Terms of Use) to use and distribute any User Materials.

  5. The Live Verse Media LLC Services can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the Live Verse Media LLC Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.

  6. You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the NPR Services to distribute chain letters, mass mailings, "spam," or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Live Verse Media LLC Services.

  7. You may not interfere with or disrupt the integrity or performance of the Live Verse Media LLC Services, any portion or contents thereof, or related systems or networks, or use the Live Verse Media LLC Services in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to the Live Verse Media LLC Services or related systems or networks.

  8. By submitting any User Materials on or through the Live Verse Media LLC Services, you hereby grant Live Verse Media LLC, Live Verse Media LLC member stations, and other Content Providers, their licensees, and users of these web sites, applications and services (to the extent permitted by the Terms of Use) the licenses to use those User Materials as set forth above in the "User Materials" section.

  9. You are solely responsible for any User Materials submitted using your account. Live Verse Media LLC does not and cannot review all User Materials submitted by you or others and is not responsible for any User Materials submitted by you or others on or through the Live Verse Media LLC Services. However, Live Verse Media LLC has the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service (for User Materials Submitted through social networking features, forums or discussions), or these Terms of Use, or for any other reason, as determined in Live Verse Media LLC sole discretion.

  10. Live Verse Media LLC is not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the Live Verse Media LLC Services. Live Verse Media LLC cannot verify the accuracy of statements that users make or place on or through the Live Verse Media LLC Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service, (for User Materials Submitted through social networking features, forums or discussions ), or these Terms of Use.

  11. By using the Live Verse Media LLC Services, you agree to abide by these rules. You acknowledge that Live Verse Media LLC has the right (but not the obligation) to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, (for User Materials Submitted through social networking features, forums or discussions), or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that Live Verse Media LLC has the right to limit or terminate your or any other person's, access to or registration in the Live Verse Media LLC Services for any reason, in its sole discretion, including violation of the Rules for Use of the Service or these Terms of Use.

  12. You agree to comply with the Rules, as they may be updated from time to time by Live Verse Media LLC.

 

REPRESENTATIONS;INDEMNITY

You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the Live Verse Media LLC Services, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Live Verse Media LLC Services that may be necessary for their use as contemplated by the Live Verse Media LLC Services and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the Live Verse Media LLC  Services and these Terms of Use, (d) the User Materials, and their use by Live Verse Media LLC, Live Verse Media LLC member stations, their licensees, and users of the Live Verse Media LLC Services and Live Verse Media LLC member station web sites, applications and services (pursuant to these Terms of Use and the terms of use of member station sites) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any Rules for Use of the Service, (for User Materials Submitted through social networking features, forums or discussions ), or these Terms of Use, and (e) your use of the Live Verse Media LLC Services complies with these Terms of Use. You agree that you will indemnify and hold harmless Live Verse Media LLC, its member stations, and Content Providers and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Live Verse Media LLC Services, (3) the User Materials you have Submitted on or through the Live Verse Media LLC Services, or (4) Live Verse Media LLC  publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by Live Verse Media LLC member stations, licensees, and users.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE NPR SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE NPR SERVICES, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT.

 

RIGHT TO CHANGE LIVE VERSE SERVICES

Live Verse Media LLC reserves the right to change, terminate or suspend the Live Verse Media LLC Services, any features of the Live Verse Media LLC Services (including, but not limited to, Content Feeds, API Content, Podcasts, and the Live Verse Media LLC Media Player), and any content or materials contained in the Live Verse Media LLC Services, in any way, at any time and for any reason or no reason. Live Verse Media LLC also has the right to require you to cease accessing any features, content or materials of the Live Verse Media LLC Services.

 

ONLINE SHOPPING

In the event a product available on or through the Live Verse Media LLC Shop is listed at an incorrect price or with incorrect information, Live Verse Media LLC will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify Live Verse Media LLC acceptance of your order, nor does it constitute confirmation of Live Verse Media LLC offer to sell. Live Verse Media LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason. Live Verse Media LLC may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.

 

Digital Millennium Copyright Act (DMCA) Notices; Copyright Representative

Live Verse Media LLC respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Live Verse Media LLC Services please provide the following information in writing to Live Verse Media LLC:

 

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

  2. a description of the copyrighted work that you claim has been infringed.

  3. a description of the material that you claim 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 sufficient to permit us to locate the material.

  4. information so that we can contact you, such as address, telephone number and e-mail address.

  5. a statement 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.

  6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

If you believe that any content or materials you posted, uploaded or Submitted to the Live Verse Media LLC Services, that were subsequently removed from the Live Verse Media LLC Services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to Live Verse Media LLC:

 

  1. your physical or electronic signature.

  2. a description of the materials that have 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.

  3. 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.

  4. 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 the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

 

These Terms of Use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Live Verse Media LLC  Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the Live Verse Media LLC Services. These Terms of Use are separate and distinct from the terms of use governing the web sites, applications and services of Live Verse Media LLC member websites, applications and services that may link to or from the Live Verse Media LLC Services. These Terms of Use shall be governed by and construed under New Jersey State law, without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the Live Verse Media LLC Services shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of New Jersey. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.