By using and/or visiting LiveWire Asheville website (“Livewire” “Livewire Asheville,” “Website”), you agree to the following terms and conditions (the "Terms of Service"). If you do not agree to any of these terms, please refrain from using the LiveWire Website.
LiveWire may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the LiveWire Website, including users who are also contributors of content, information, and other materials or services on the Website.
The LiveWire Website may contain links to third party websites that are not owned or controlled by LiveWire. LiveWire does not control, and assumes no responsibility for, content, policies or practices of any third party websites. By using the Website, you expressly relieve LiveWire from any and all liability arising from your use of any third-party website.
In order to access some features of the Website, you will have to create a LiveWire account. You may not use someone else’s account without their permission. When creating your account, provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and it’s your responsibility to keep your account password secure. You must notify LiveWire’s administrator (email@example.com) immediately of any breach of security or unauthorized use of your account.
LiveWire hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without LiveWire’s prior written authorization.
You agree not to collect any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
In addition, the following restrictions and conditions apply specifically to your use of content on the LiveWire Website.
The content on the LiveWire Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to LiveWire, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners. LiveWire reserves all rights not expressly granted in and to the Website and the Content.
You understand that when using the LiveWire Website, you will be exposed to User Submissions from a variety of sources, and that LiveWire is not responsible for the accuracy, usefulness or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LiveWire with respect thereto, and agree to indemnify and hold LiveWire, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
As a LiveWire account holder you may submit textual, photographic,video content and links. These are collectively referred to as "User Submissions."
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize LiveWire to use all patent, trademark, copyright or other proprietary rights in and to any and all User Submissions.
You grant each user of the LiveWire Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their owner to post the material and to grant LiveWire all of the license rights granted herein.
You also agree that you will not, in connection with User Submissions, submit material that is contrary to the LiveWire Guidelines, which prohibit use of obscenity, drug, political and hate speech, and/or are contrary to applicable local, national, and international laws and regulations.
LiveWire does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and LiveWire expressly disclaims any and all liability in connection with User Submissions. LiveWire does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and LiveWire will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. LiveWire reserves the right to remove Content and User Submissions without prior notice.
LiveWire will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
LiveWire reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. LiveWire may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
YOU AGREE THAT YOUR USE OF THE LIVEWIRE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LIVEWIRE, ITS CREATORS AND ADMINISTRATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE. LIVEWIRE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LIVEWIRE WEBSITE. LIVEWIRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LIVEWIRE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LIVEWIRE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL LIVEWIRE, ITS CREATORS AND ADMINSITRATORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVER(S) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LIVEWIRE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LIVEWIRE SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.
You agree to defend, indemnify and hold harmless LiveWire, its creators, and administrators from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the LiveWire Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the LiveWire Website.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LiveWire without restriction.You agree that: (i) the LiveWire Website shall be deemed solely based in North Carolina; and (ii) the LiveWire Website shall be deemed a passive website that does not give rise to personal jurisdiction over LiveWire, either specific or general, in jurisdictions other than North Carolina. These Terms of Service shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Any claim or dispute between you and YouTube that arises in whole or in part from your use of the LiveWire Website shall be decided exclusively by a court of competent jurisdiction located in Buncombe County, North Carolina. These Terms of Service, and any other legal notices published by LiveWire on the Website, shall constitute the entire agreement between you and LiveWire concerning the LiveWire Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and LiveWire’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. LiveWire reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the LiveWire Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND LIVEWIRE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LIVEWIRE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.