Terms and Conditions
"DiscoverMeLive” refers to the service(s) provided subject to these Terms and Conditions and/or DiscoverMeLive.com, Inc. DiscoverMeLive is dedicated to a specific niche market, which is talent-related. DiscoverMeLive’s goal is focused on creating a social portal that enables User’s who want to create a better world through the sharing of talents and valuable ideas, to reach millions of other Users around the planet.
(C) DiscoverMeLive.com Inc. 2008 All Rights Reserved.
I. General
A. By visiting or logging in as a Registered User to DiscoverMeLive, all users accept the following Terms and Conditions (hereinafter “Terms”) for using DiscoverMeLive.
B. DiscoverMeLive may operate, either now or in the future, sub-domains and aliases of these domains, in order to provide additional new and exciting services. All web sites on which DiscoverMeLive provides DiscoverMeLive services are hereinafter referred to as “DiscoverMeLive web sites.”
C. These Terms shall govern the contract relationship between the User and DiscoverMeLive, irrespective of which DiscoverMeLive web site the User is registered with or logged on to.
D. User enters into this agreement on the use of DiscoverMeLive web sites with DiscoverMeLive.com, Inc. Additional contact information, commercial registry data, as well as other information about DiscoverMeLive.com, Inc., can be found under “About This Site” located elsewhere on this web site.
E. Services provided by DiscoverMeLive web sites are intended for persons 14 years of age or older, subject to the laws of any country or jurisdiction that might prohibit use of a web site such as DiscoverMeLive by minors. In such a case, the minimum legal age is the age allowed by that country or jurisdiction.
F. Group Moderators are entitled to freely choose their User members, delete User members from the Group and determine how the Group will operate, without recourse by User members.
F. User can access these Terms, by clicking on the “Terms & Conditions” link that appears on all DiscoverMeLive web site “Home” pages, and reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.
A. DiscoverMeLive web sites offer Users two options for access to the services and information provided:
1) Unregistered User - this User type is hereinafter referred to as “Limited Member”. This type of User will have limited access to services and information provided on DiscoverMeLive web sites, subject to change by DiscoverMeLive; or
2) Registered User- this User type is hereinafter referred to as “Full Member.” This type of User will have access to all services and information provided on DiscoverMeLive web sites, subject to change by DiscoverMeLive.
B. Details about the full range of services available for Full Members are set forth on the DiscoverMeLive web sites under "Full Member Benefits."
C. Any use of the services, information and content offered on the DiscoverMeLive web sites beyond the scope of options provided by DiscoverMeLive requires the prior written consent of DiscoverMeLive.
D. DiscoverMeLive shall make certain data and/or information provided by the User available for other Users, provided that this data and/or information doesn’t violate any laws or these Terms. DiscoverMeLive, in its sole discretion, is entitled to remove any illegal or prohibited data and/or information from DiscoverMeLive web sites, without prior notice to User.
E. User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the DiscoverMeLive web sites. DiscoverMeLive shall nonetheless endeavor to keep DiscoverMeLive web sites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond DiscoverMeLive 's control (e.g. disruptions in communication networks, power failures, equipment failure, etc.), may result in brief disruption or temporary interruption of the services provided on DiscoverMeLive web sites.
F. DiscoverMeLive provides the User with a platform on which to establish interaction and communication with other Users, and provides those technical applications that allow Users to interact and communicate with one another. Regarding web site posted content, DiscoverMeLive does not take part in any communication between Users. If Users enter into third-party agreements with other Users through use of the DiscoverMeLive web sites, it is understood and agreed by Users that DiscoverMeLive shall not be a contracting party, mediator or negotiator to these agreements. Users alone are responsible for the execution and/or fulfillment of any third-party agreements in which they enter with other Users. DiscoverMeLive shall not be held liable if Users are unable to contact one another over DiscoverMeLive web sites regarding such third-party agreements. Furthermore, DISCOVERMELIVE shall not be liable for breaches of duty in relation to third-party agreements entered into between Users or advertisers.
G. In the event that DiscoverMeLive Users have a disagreement with DiscoverMeLive advertisers, partners or third-party vendors or affiliates, DiscoverMeLive may merely act as intermediary in those cases and shall not be liable for any breach of such agreements entered into.
H. Any offers or agreements between DiscoverMeLive Users and DiscoverMeLive advertisers, partners, third-party vendors or affiliates, will be governed by such advertisers’, partners’, third-party vendors’ or affiliates’ respective Terms and Conditions and the Privacy Policies of their respective companies that carry out the complete transaction themselves and are a party to an agreement with, and serve as the contact for, the DiscoverMeLive User with whom they serve.
A. Full Member Users must register prior to using any of the Full Member Benefits and services on the DiscoverMeLive web sites.
B. User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to DiscoverMeLive immediately upon changes.
C. User shall not use pseudonyms or fictitious names in their registration or profile.
D. User shall not be allowed to have multiple registrations. User may only establish one (1) user profile. If DiscoverMeLive finds that a User has established more than one registration or profile, such User’s account(s) may be suspended or terminated, subject to the sole discretion of DiscoverMeLive.
E. User warrants and represents that he or she is of legal age to use the services of DiscoverMeLive at the time of registration, depending upon the definition of that term in the country or jurisdiction where such User resides.
F. User shall choose a password upon registration. User is solely responsible for keeping this password secret and shall not give it out to anyone who may then use it to access User’s account, profile or the DiscoverMeLive web sites. DiscoverMeLive shall not disclose the password to any third party and DiscoverMeLive shall not ask for the User's password at any time.
G. By completing the registration process, the User agrees with all Terms herein. DiscoverMeLive accepts the User’s registration by activating the Full Membership for the use of services on DiscoverMeLive web sites. The agreement takes effect with the aforementioned acceptance and account activation by DiscoverMeLive.
H. It is technically impossible for DiscoverMeLive to determine with certainty whether any User registered with DiscoverMeLive is, in fact, the person he or she represents to be. Therefore, DiscoverMeLive assumes no liability for the actual identity of any User. Each User is solely responsible for checking the actual identity of another User and is urged to safeguard their personal information from Users they do not know or if they are asked to provide such information to another User. Aside from the registration process and updates to account or profile information, DiscoverMeLive will never ask for personal information from a registered User.
A. User may cancel registration for the Full Member Benefits by sending a written request to: admin@discovermelive.com
B. In the event of a valid cancellation, DiscoverMeLive will remove all account information and User profile from DiscoverMeLive web sites and the User will be unable to access the Full Member Benefits thereafter.
C. Once a User account is cancelled, they must re-register in order to use the Full Member Benefits of DiscoverMeLive web sites.
A. User agrees to adhere to the following requirements:
1. To provide only true and non-misleading information in the User profile and in communications with other Users, and to refrain from using any pseudonyms or fictitious names;
2. To post photographs of the User on the DiscoverMeLive web sites where User can be clearly recognized. The User warrants and represents that public displaying of said photographs is not prohibited by copyright or other prohibited use. The User shall not upload any photographs or images of any other person than that of User, unless User has written permission to do so from the subject(s) in the photograph(s) and states who such persons are who are depicted in the photographs. The photographs posted by User shall not contain any company logos or trademarks unless User has specific permission and authority from the owners of such logos or trademarks. An exception in this case is photographs of DiscoverMeLive employees. User may not post photographs than can be considered pornographic or against any law or ordinance in the country or jurisdiction where User resides.
3. To comply with all laws, ordinances, statutes and applicable legislation, and to respect all third-party rights. In particular, User shall not:
a. Use or post any insulting or defamatory words, , music, symbols, photographs or other similar content, regardless of whether said contents are directed at another User or DiscoverMeLive personnel or other companies or individuals;
b. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors;
c. Unreasonably annoy (particularly with SPAM) any other User;
d. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
e. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
f. To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:
i. Sending chain letters;
ii. Sending identical private messages to more than one (1) user at the same time;
iii. Performing, posting, advertising and promoting any form of illegal structural distribution measures (such as illegal multi-level marketing or illegal multi-level network marketing); or
iv. Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).
4. You may not provide, post or otherwise distribute, User content that:
a. contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
c, is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
d. violates any right of DiscoverMeLive or any third party;
e. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
f. violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
g. interferes with any User’s uninterrupted use of DiscoverMeLive;
h. advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose(s);
i. uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
j. disrupts, interferes with, or otherwise harms or violates the security of DiscoverMeLive, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through DiscoverMeLive web sites;
k. "flames" any individual or entity (e.g., sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY DISCOVERMELIVE.
5. User is further prohibited from the following activities:
a. Employing any mechanisms, software or scripts when using DiscoverMeLive web sites. However, the User may use the interfaces or software provided by DiscoverMeLive within the scope of the services available on the DiscoverMeLive web sites.
b. Blocking, overwriting, modifying and copying of any contents of the DiscoverMeLive web sites, unless said actions are necessary for the proper use of the Full Member Benefits and services on the DiscoverMeLive web sites. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.
c. Distributing or publicly disclosing the contents of any of the web sites of DiscoverMeLive or any other User, without written permission from such party.
d. Performing any actions which may impair the operability of DiscoverMeLive's infrastructure, particularly actions which may overload said infrastructure, servers, bandwidth or other equipment or software.
DiscoverMeLive, in its sole discretion and without notice, reserves the right to modify the services offered on the DiscoverMeLive web sites and/or to offer services different from those offered at the time of the User's registration.
A. User may terminate their Full Membership at any time. User may deliver notice of termination using the Customer Service email address, available on all DiscoverMeLive web sites. The termination notice shall include the User’s registered name and an email address of the User registered on one of the DiscoverMeLive web sites.
B. DiscoverMeLive may, without cause and in its sole discretion, terminate the membership of User under the following circumstances, which are non-inclusive:
1. If the reputation of the services offered on the DiscoverMeLive web sites is impaired by the online-presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other Users and causes a disruption); or
2. If User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors; or
3. If the User causes physical, mental or emotional harm to any other User(s); or
4. Any other reason deemed appropriate by DiscoverMeLive.
C. In the event of a termination in accordance with section VII(B) and notwithstanding DiscoverMeLive's right to terminate the contract in accordance with section VII(B), DiscoverMeLive is entitled to:
1. Delete the contents, account and profile posted by User; or
2. Issue a warning to User; or
3. Block User's access to services on the DiscoverMeLive web sites.
VIII. General Disclaimers and Limitations of Liability
A. While DiscoverMeLive uses reasonable efforts to include accurate and up-to-date information, DiscoverMeLive specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all DiscoverMeLive web sites. DiscoverMeLive disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. DiscoverMeLive disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through DiscoverMeLive’s web sites.
B. DISCOVERMELIVE SERVICES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE DISCOVERMELIVE WEB SITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. DISCOVERMELIVE EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DISCOVERMELIVE DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE DISCOVERMELIVE WEB SITES. DISCOVERMELIVE DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DISCOVERMELIVE WEB SITES. DISCOVERMELIVE DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DISCOVERMELIVE WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DISCOVERMELIVE WEB SITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED IN THE DISCOVERMELIVE WEB SITES.
C. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DISCOVERMELIVE WEB SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
E. DISCOVERMELIVE AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
F. UNDER NO CIRCUMSTANCES SHALL DISCOVERMELIVE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, THE DISCOVERMELIVE WEB SITES, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DISCOVERMELIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE DISCOVERMELIVE WEB SITES, FROM INABILITY TO USE THE DISCOVERMELIVE WEB SITES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DISCOVERMELIVE WEB SITES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DISCOVERMELIVE WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DISCOVERMELIVE WEB SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DISCOVERMELIVE WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DISCOVERMELIVE WEB SITES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE DISCOVERMELIVE WEB SITES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DISCOVERMELIVE WEB SITES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PLEASE CHECK WITH YOUR JURISDICTION.
H. DiscoverMeLive does not make any warranties or representations regarding any data and/or information provided or made available by any User on any of the DiscoverMeLive web sites or on any external web sites linked to them. In particular, DiscoverMeLive does not warrant or represent that said data and/or information is true or accurate, or that it fulfills or serves any particular purpose.
I. User may report any activities of any other User which violate applicable laws and/or any of the Terms stated herein (including the use of pseudonyms or fictitious names) by sending an email to the Customer Service Department, such email being admin@discovermelive.com
J. Without limiting the foregoing, under no circumstances shall DiscoverMeLive be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
IX. Indemnity
You agree to indemnify, defend and hold harmless DiscoverMeLive, its web site(s) and each of their respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
1. your use of DiscoverMeLive web sites;
2. DiscoverMeLive's use of any User content or information you provide, as long as such use is not inconsistent with these Terms;
3. information or material provided through your IP address, even if not posted by you; or
4. any violation of these Terms by you.
All queries by User regarding these Terms or DiscoverMeLive services can be emailed by User to DiscoverMeLive at admin@discovermelive.com.
A. DiscoverMeLive recognizes that any data provided by the User to DiscoverMeLive is extremely important to the User, and DiscoverMeLive shall therefore be particularly sensitive in handling such data.
B. Users are advised that there are inherent security risks in transmitting data, such as emails, credit card or personal information via the Internet, because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, DiscoverMeLive shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks.
D. Accordingly, DiscoverMeLive shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part. PLEASE SEE OUR PRIVACY POLICY, STATED SEPARATELY ON OUR WEB SITE.
E. DiscoverMeLive opposes the use of available contact information by a third party for sending unsolicited advertisements (SPAM).
F. DiscoverMeLive reserves the express right to take legal action against unsolicited mailing or emailing of SPAM and other similar unsolicited advertising materials. DiscoverMeLive will report all violators to their respective Internet Service Providers (ISP) as well as the appropriate legal authority.
XII. Right to Content Use
A. When the User posts a contribution to DiscoverMeLive web sites, User grants DiscoverMeLive an unlimited, irrevocable and assignable right of use for the respective contribution, which DiscoverMeLive is entitled to utilize for any purpose. In particular, DiscoverMeLive is entitled to keep said contribution posted, and on its web sites, or use it for marketing in any other way. DiscoverMeLive may use User content, in any form, format, or medium, of any kind now known or later developed.
B. DiscoverMeLive grants a right of use over all posted contributions to DiscoverMeLive web sites to registered Users. Duplication or the use of these contributions or their contents, by Users or third-parties, in other electronic or printed publications is prohibited without the use of DiscoverMeLive’s Embeddable Player and a link that will bring a person to the DiscoverMeLive Home Page. Copying, downloading, dissemination, distribution and storing of the contents of DiscoverMeLive web sites, with the exception of the cache memory when searching for DiscoverMeLive pages, is prohibited without DiscoverMeLive’s express consent.
C. All information, content, services and software displayed on, transmitted through, or used in connection with DiscoverMeLive web sites, with the exception of User content as defined below, including for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like ("Content"), as well as its selection and arrangement, is owned by DiscoverMeLive.
D. User may use the content online only and solely for personal, non-commercial use, and may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided User does not remove any trademark, copyright or other notice from such content.
E. User may not post, distribute or republish in any way, any portion of the content to any Internet, Intranet or Extranet web site or incorporate the content in any database, compilation, archive or cache, except as expressly allowed in these Terms.
F. User may not distribute any content to others, whether or not for payment or other consideration and may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content except as expressly allowed in these Terms.
G. User may not copy content without permission from DiscoverMeLive. User agrees not to decompile, reverse engineer or disassemble any software or other products or processes accessible through DiscoverMeLive web sites. User may not insert any code or product or manipulate the content of DiscoverMeLive web sites in any way that affects the User's experience, and further, may not use any data mining, data gathering or extraction method on any DiscoverMeLive web sites.
H. Requests to use DiscoverMeLive content for any purpose other than as permitted in these Terms shall be directed to DiscoverMeLive at admin@discovermelive.com.
I. In certain cases, User may be able to use individual stories, videos or other posted content that appear on DiscoverMeLive web sites through online functionality we have specifically designated (e.g., to e-mail a story or use the DiscoverMeLive Embeddable Player to send a video to a friend or to obtain the rights to reproduce a story or other content for other use). In such cases, DiscoverMeLive will tell User directly in the portion of the content you may use or you will see a link in the content itself.
J. User waives all intellectual property rights with respect to any User content posted to DiscoverMeLive web sites. User also grants DiscoverMeLive web sites the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication User provides or otherwise submits for any purpose whatsoever, including but not limited to, commercial purposes and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to User.
K. Without limiting the generality of the previous paragraphs, User authorizes DiscoverMeLive to share User posted content across all web sites, to include User content in a searchable format accessible by other Users of DiscoverMeLive web sites, now in use or later developed, to place advertisements in close proximity to such User content, and to use User’s name, likeness and any other information in connection with DiscoverMeLive’s use of the material User provides.
L. Prohibited uses do not include:
- uploading original content to DiscoverMeLive, or maintaining an original profile on DiscoverMeLive, to promote your artistic expression;
- using the DiscoverMeLive Embeddable Player to show DiscoverMeLive content on an ad-enabled blog or third-party website, provided the primary goal of using the Embeddable Player is not to obtain advertising income or to compete with DiscoverMeLive;
- any other use that DiscoverMeLive expressly authorizes in writing.
XIII. Errors in Advertisements
On occasion, a product or service offered by advertisers on DiscoverMeLive web sites, may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or product information received from our advertisers or suppliers, you agree DiscoverMeLive is not responsible for such errors or discrepancies and that User’s only course of action is to contact the appropriate advertiser.
XIV. Additional Terms
A. These Terms and any modifications thereto must be in writing to be valid. No secondary agreements exist.
B. DiscoverMeLive reserves the right to modify these Terms at any time, without providing reasons and without notice to User. User is urged to check these Terms frequently (a minimum of once every 14 days), in order to determine if they have been modified in any way. If Terms have been modified and User does not object to the applicability of the revised Terms within fourteen (14) days after such modification, the modified Terms shall be deemed to be accepted by User.
C. Unless otherwise stated in these TERMS, the User may submit all notices to DiscoverMeLive using the following Customer Service email address: admin@discovermelive.com.
D. DiscoverMeLive may send notices to the User by email to the address(es) given in the User’s registration or updated contact data in User’s account.
E. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of DiscoverMeLive.
F. The place of performance under these Terms shall be main place of business of DiscoverMeLive, which is
Toronto, Ontario,
.
G. Place
of jurisdiction, insofar as legally admissible, shall be the main place of business of DiscoverMeLive, which is
Toronto, Ontario,
.
H. These Terms and the contractual relationship shall be governed by Canadian Federal and Provincial Law.
XV. Discontinuation of Service
A. DiscoverMeLive may modify, suspend, discontinue or restrict the use of any portion of DiscoverMeLive web sites, including the availability of any portion of the content at any time, without notice or liability.
B. DiscoverMeLive may deny access to any User at any time for any reason. In addition, DiscoverMeLive may, at any time, transfer rights and obligations under these Terms to any current or future DiscoverMeLive subsidiary or business unit, or any companies or divisions, or any entity that acquires DiscoverMeLive or any of its assets.
XVI. Statute of Limitations
User agrees to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such claim began, or User agrees to waive such claim. User also agrees no claim subject to these Terms may be brought as a class action.
XVII. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XVIII. Effective Date
THESE TERMS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON FEBRUARY 18, 2008.
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