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The website www.liveearth.org is operated by Live Earth, LLC (“Live Earth”). Carefully read these Terms of Use before using www.liveearth.org (the “Site”). By accessing our Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site. Each time you use this Site, the current version of the Terms of Use will apply. Accordingly, when you use the Site, you should check the date of the Terms of Use (which appears at the top right hand corner) and review any changes since the last version.
4.Disclaimers. THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED TO YOU "AS IS," FOR YOUR PERSONAL, NON-COMMERCIAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE. lIVE EARTH, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIVE EARTH, ITS 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 SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS of LIVE EARTH, ITS AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, lIVE EARTH’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5. Limitation of Liability. IN NO EVENT WILL live earth, ITS AFFILIATES, agents, licensors, suppliers OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSt 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 SITE).
live earth RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS SITE OR 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 live earth, its AFFILIATES, agents, licensors, suppliers OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, live earth’s, its AFFILIATES’, agents’, licensors’ AND suppliers’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
6. Links to Other Websites. Additionally, Live Earth makes no representations or warranties whatsoever about any other website which you may choose to access through this Site. Links provided by Live Earth to such websites are provided solely for your convenience and should not be deemed to imply that Live Earth endorses those websites or any content therein.
7. Submitting Information to Live Earth. Please see our Privacy Policyfor general information regarding the collection and use of personal and aggregate information on our Site. Live Earth does not want to receive confidential or proprietary information from you through this Site unless you have another written agreement with Live Earth related to the sharing of such information. Any information that Live Earth receives through its Site, other than your personal information and aggregate information covered by Live Earth 's Privacy Policy, will be deemed to be NON-CONFIDENTIAL and NON-PROPRIETARY. BY TRANSMITTING TO Live Earth INFORMATION VIA THIS SITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH Live Earth RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT Live Earth MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU and you automatically grant Live Earth, its affiliates, and subsidiaries an irrevocable, royalty-free, perpetual, non-exclusive, worldwide license to use, copy, display, publish, modify, and edit such submissions in any form, media, OR technology, whether now known or hereafter developed, and to sublicense these rights to anyone.
If you would like to receive information on how to submit an idea to Live Earth please click on "Contact Us" and ask for a copy of the brochure, "About Your Idea."
8.Choice of Law and Forum. This Terms of Use shall be governed and construed with the laws of the State of California. Any dispute arising out of or relating to this Terms of Use or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within the County of Los Angeles in the State of California, and you hereby submit to the personal jurisdiction of such courts.