The contest is over as of August 31, 2010
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TheLiveLine “ESP Guitars” Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE FOLLOWING SWEEPSTAKES IS VALID IN THE UNITED STATES AND DISTRICT OF COLUMBIA (D.C.) ONLY, AND IS OPEN ONLY TO QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
SWEEPSTAKES NAME: TheLiveLine “ESP Guitars” Sweepstakes (the “Sweepstakes”).
SWEEPSTAKES DATES: Sweepstakes registration is scheduled to begin at 12:00 am (ET) on June 29, 2010 and ends at 11:59:59 pm (ET) on August 31, 2010 (the “Registration Period”). The Sweepstakes is subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein. Certain restrictions may apply. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void in Puerto Rico, other United States territories, outside the 50 United States, and where prohibited or restricted by law.
ELIGIBILITY – WHO MAY ENTER: Sweepstakes is open only to legal residents of the 50 United States and District of Columbia who are age 18 or older as of date of entry, and have a valid U.S. driver’s license, except the following persons who are not eligible to enter or win:
(a) Employees, officers, and directors of TheLiveLine (“Sponsor”), SmartReply (“Administrator”), participating Sponsors, each of their respective franchisees, parents, affiliated companies, subsidiaries, distributors, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the design or execution of this promotion (collectively, “Released Parties”), and the members of the immediate families or households, whether or not related, of any of the above. “Immediate family members” includes, for purposes of this promotion, parents (including in-laws), grandparents, siblings (including step-siblings), children (including step-children), grand children (including step grand children) and each of their respective spouses, regardless of where they reside.
(b) Individuals who do not have current access to the internet, or a mobile phone to enter the Sweepstakes during the registration period.
HOW TO ENTER – ON-LINE ENTRY: Click the link on TheLiveLine e-Newsletter or visit www.TheLiveLine.com during the “Registration Period” and click the ‘Win this ESP LTD EX260 Electric Guitar Giveaway’ contest entry button to connect to the contest registration page, and follow the on-line registration instructions. Each entrant must fully complete the registration page with all required information including his/her name, valid email address, mobile phone number (including area code), and theirTheLiveLine member password. If you are not a TheLiveLine member, please complete a free membership registration prior to entering at www.TheLiveLine.com.
After having read and agreed to these Official Rules and the terms of TheLiveLine membership, click the submit button to submit your on-line entry. All entries must be fully complete for all required information. Any incomplete or illegible entries, or any entry submitted with an invalid email address will be disqualified. Any available opt-in opportunities are not required to enter the contest, and checking the opt-in boxes will not improve your chances of winning. By submitting an entry, entrant agrees that TheLiveLine may contact the entrant from time to time via email and /or text messaging regarding news, updates or upcoming promotions. Standard text messaging fees and rates, as established by an individual’s wireless carrier apply, and Sponsor assumes no responsibility for any fees or charges incurred for and associated with any text message sent to or from Sponsor. Entrants may opt-out or unsubscribe at any time by following the instructions in any email or text message.
Enter as often as you wish. Released Parties are not responsible for lost, late, misdirected, illegible, incomplete, invalid, unintelligible, damaged, or for entries submitted in a manner that is not expressly allowed under these rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, or the failure to capture any such information or effects of hackers or failure of any electronic equipment, computer transmissions and/or network connections; all of which will be disqualified.
Each participant must submit an entry on his/her own behalf. Any entry submitted on behalf of another individual or using another person’s email address or name will be disqualified and ineligible to claim any prize. No mechanically reproduced or automated entries permitted. Use of any automated system to participate is prohibited and will result in disqualification and all such entries will be deemed void.
In the event of a dispute as to any on-line registration, the authorized account holder of the e-mail address used to register will be deemed to be the registrant and he/she must be eligible according to these Official Rules. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.
All completed on-line entries must be received by 11:59:59pm ET on 8/31/10 to be eligible for the prize drawing (see below). By submitting an entry, participants agree to be bound by and abide by the official rules of the Sweepstakes. All entries received become the property of the Sponsor and will not be returned.
WINNER SELECTION & NOTIFICATION: On or about August 31, 2010, a random drawing shall be conducted from among all eligible entries received from all entry methods combined to select one (1) potential grand prize winner (see grand prize description below). Odds of being selected as the grand prize winner are dependent upon the total number of eligible entries received from all entry methods combined. Decisions of the Administrator in the selection and determination of prize winner and all matters relating to this Sweepstakes are final and binding.
The selected potential grand prize winner will be notified initially by phone and/or email beginning on or about September 5, 2010, to the mobile number or email address used to submit their entry. If the Administrator is unsuccessful in its attempt to reach and speak directly with a selected prize winner by phone after 3 attempts over a 72-hour period, to the mobile phone number or email address listed on that contestant’s entry, then that contestant may be disqualified, and at sponsor’s sole discretion, an alternate potential grand prize winner will be randomly selected from among the remaining eligible entries and notified as per the procedures outlined above (time permitting). Messages will not be left for in the notification process.
During the prize winner notification phone call, the potential winner must confirm their eligibility. If the selected entrant does not meet the eligibility requirements, or elects to decline the prize, s/he will be disqualified and, at Sponsor’s discretion and time permitting, an alternate winner will be randomly selected from among all remaining eligible entries and notified as per the procedures outlined above. Any disqualified contestant will not receive any alternate prize substitution or compensation.
All of the following will apply for any prize winner: 1) Winner may be required to complete and return, within 5 days of date of receipt, a prize acceptance form, an affidavit of eligibility, and a liability/publicity release (where permitted); and a W-9 form (if prize value is greater than $600); 2) Winner may be required to present a copy of a valid driver’s license as a condition of receiving any prize; and 3) Winner will be responsible for paying all applicable taxes (including, but not limited to all local, state and federal taxes) on all prizes awarded, and will receive a 1099 form if prize value exceeds $600. Failure to collect or properly claim any prize in accordance with these rules will result in forfeiture of the prize. If forfeited for any reason, finalist will not receive any other prize substitution or compensation, and the prize will remain the property of Sponsor and will not be awarded, except as provided herein.
PRIZE AWARD – GRAND PRIZE: There will be a maximum of one (1) Grand Prize awarded. The Grand Prize shall consist of the following:
Grand prize winners must accept prize delivery as instructed by sponsor. All other expenses not specified herein as being included in the prize are the sole responsibility of the winner, including any and all costs associated with prize acceptance or delivery. All applicable federal, state and local taxes are the winner’s sole responsibility. All prize awards are non-transferable and no cash redemption or prize substitution allowed, except at Sponsor’s sole discretion or as provided herein. Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Approximate Retail Value of prize award: $275.00.
Additional Rules and Restrictions: By participating, entrants agree to abide by and be bound by the Official Rules and the decisions of the Sponsor and Administrator, which shall be final in all matters relating to this Sweepstakes. In the event an entrant wins a prize, and is later found to be in violation of these rules he/she will be required to forfeit the prize or to reimburse Sponsor for the stated value of the prize if such violation is discovered after winner has used the prize. Participation in Sweepstakes constitutes permission for the Sponsor and its designees to use entrants’ names, cities and states of residence and/or likenesses for purposes of advertising and trade in any and all media now or hereafter known worldwide on perpetuity without limitation or further compensation, notification or permission, unless prohibited by law. False, fraudulent or deceptive entries or acts shall render entrants ineligible for any prize.
By participating, entrants agree to hold all Released Parties harmless from any claims, losses, actions, or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to entrant’s participation in this Sweepstakes, or the acceptance, possession or use/misuse of any prize, or participation in prize-related activities (including but not limited to travel or activity related thereto), and to assume all liability therefore. Released Parties shall not be liable to winner or any other person for failure to supply the prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or strike, labor or material shortage, transportation interruption of any kind, or any other cause beyond Released Parties’ sole control.
Participants are restricted to use of ordinary and typical computer equipment, mobile phone equipment, Internet access and cellular networks. Sponsor disclaims all liability for the inability of a participant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise. The Sponsor disclaims any liability for received entries due to technical difficulties or transmission errors. The Sponsor disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Released Parties are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Sweepstakes, and any injury or damage to entrant’s or any other person’s computer or mobile phone related to or resulting from participating in or downloading any information necessary to participate in the Sweepstakes. Released Parties are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Sweepstakes, including, without limitations, errors which may occur in connection with the printing or advertising of this Sweepstakes, administration or execution of the Sweepstakes, the cancellation of the game, the processing of entries or in the announcement of the prizes or prize winners. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Sweepstakes website.
Sponsor reserves the right to cancel, modify or terminate the Sweepstakes if fraud, misconduct or technical failures destroy or threaten the integrity of this portion of the Promotion, in the opinion of the Sponsor/Administrator, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Sweepstakes as determined by Sponsor/Administrator, in their sole discretion. In the event of early termination of the Sweepstakes, Sponsor reserves the right to determine any prize winner in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination. If due to circumstances beyond the control of the Sponsor, any event associated with this Sweepstakes or the prize is delayed, rescheduled, postponed or cancelled, Sponsor reserves the right, but not the obligation, to cancel or modify the Sweepstakes and shall not be required to award a substitute prize.
Odds: The odds of being selected as the grand prize winner are dependent upon the total number of eligible entries received.
IN CASE OF DISPUTES: By participating, each participant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, or any rebates awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.
Winners List: For a copy of these official rules or a list of winners, send a self addressed, stamped envelope to: TheLiveLine ESP Guitar Giveaway Sweepstakes, c/o SmartReply, Inc., 6410 Oak Canyon, Suite 100, Irvine, California 92618. Please specify which you are requesting, official rules or winners list. Requests must be received by 08/31/10.
Sponsor/Administrator: This Contest is sponsored/administered by SmartReply, Inc., 6410 Oak Canyon, Suite 100, Irvine, California 92618.
Last Update: July 22, 2008
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE VIEWING, USING OR SUBSCRIBING TO THE SERVICES AVAILABLE FROM THE LIVE LINE, LLC (“THE LIVE LINE”). BY VIEWING, USING OR SUBSCRIBING TO THIS WEBSITE AT WWW.THELIVELINE.COM (THE “WEBSITE”) (WHERE THE WEBSITE INCLUDES WITHOUT LIMITATION, ALL CONTENT, SERVICES AND FUNCTIONALITY AVAILABLE THROUGH THE WEBSITE), YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS IN THESE TERMS OF USE (THE “AGREEMENT”).
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOU DO NOT HAVE ANY RIGHT TO VIEW OR USE THE WEBSITE OR TO SUBSCRIBE TO RECEIVE THE SERVICES PROVIDED BY THE LIVE LINE.
THE LIVE LINE MAY, IN ITS SOLE DISCRETION, MODIFY THIS AGREEMENT FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR COMPLYING WITH THE MOST CURRENT VERSION OF THE AGREEMENT POSTED ON THE WEBSITE. YOUR USE OF THE WEBSITE AND/OR SERVICES FOLLOWING ANY MODIFICATIONS WILL SIGNIFY YOUR CONSENT AND ACCEPTANCE OF SUCH REVISED AGREEMENT.
1. DEFINITIONS.
(a) “Fan” means any individual who (i) registers as a “Fan” as provided on the Website and (ii) receives a Live Line User ID (defined below) from The Live Line.
(b) “List of Talent” means The Live Line’s then current list of Talent available to Subscribers in connection with the Services.
(c) “Messages” means, collectively, audio, text, video and/or photographic messages left by Subscribers at the Message Center.
(d) “Message Center” means, collectively, the sites and locations where Subscribers may leave Messages for Fans and Talent, respectively. The contact information for the Message Center shall be posted on the Website, and shall include email address(es) and text, fax and call-in phone numbers.
(e) “Services” means those services provided by The Live Line for Fans and Talent in connection with the Website, as more particularly described in this Agreement and the Website, including without limitation, maintaining the Message Center, providing Subscribers with certain contact information to access the Message Center, delivering Messages from Fans to Talent and from Talent to Fans as provided herein, hosting Talent Content on the Website, and serving and hosting Content on the Website. As used herein, “Content” includes without limitation all materials displayed, distributed, transmitted or performed on the Website by The Live Line or its licensors, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, logos, interactive features and the like, and the trademarks, service marks and logos contained therein.
(f) “Subscribers” means, collectively, Fans and Talent.
(g) “Talent” means those musicians, bands, artists, athletes, actors, actresses, entertainers, or any other person or entity that (i) registers as “Talent” as provided on the Website and (ii) receives a Talent user account number from The Live Line.
(h) “Talent Content” means images, materials, graphics, trademarks, video and other content selected and owned by the Talent and provided by the Talent or its authorized representatives to The Live Line.
(i) “Talent Selections” means those particular Talent(s) to whom a Fan subscribes to receive Messages in connection with the Services.
2. THE WEBSITE.
(a) This Agreement applies to all Subscribers. The Website includes all aspects of The Live Line, including without limitation, Services, Content, Messages, Talent Content and other information, materials and services offered herein.
(b) The Website may contain links to third party websites that are not owned or controlled by The Live Line. The Live Line assumes no responsibility for and does not review or edit the content, practices or policies of any third party site, including without limitation sites owned or controlled by Talent. Subscriber agrees that The Live Line shall not be liable for any third party sites, including without limitation content contained therein. Subscriber accesses such third party sites at Subscriber’s own risk. Without limiting the generality of the foregoing, The Live Line does not warrant, endorse or assume responsibility for any product or services advertised and/or offered by a third party through the Website or any linked website or advertising medium. The Live Line will not be a party to or assume any responsibility in connection with any transaction between Subscriber and any third party, including without limitation Talent.
(c) Subscribers may direct questions or requests regarding the Services to The Live Line’s customer service department by clicking the appropriate link on the Website.
3. SETTING UP AN ACCOUNT.
(a) Subscriber Application. To activate an account, Subscribers must: (i) complete the applicable Subscriber application on the Website at www.theliveline.com/app, (ii), obtain a Live Line User ID (defined below) and (iii) in the case of a Fan, make particular Talent Selections.
(b) The Live Line User ID Name and Password. As a condition to using the Services, Subscriber is required to register with The Live Line via one of the means described above, select a pin and/or password and Subscriber name (collectively, "Live Line User ID") and agree to the terms set forth in this Agreement. Subscriber shall provide The Live Line with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account by The Live Line. Subscriber may not (i) select or use as a Live Line User ID a name of another person with the intent to impersonate that person, or (ii) use as a Live Line User ID a name subject to any rights of a person other than Subscriber without appropriate authorization. The Live Line reserves the right to refuse registration of, cancel or change a Live Line User ID in its discretion, upon notice thereof to a Subscriber or prospective Subscriber. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's Live Line User ID. The Live Line will not be liable for any losses caused by unauthorized use of Subscriber's Live Line User ID.
(c) Talent Selections.
(i) As part of the account registration process, a Fan may subscribe to receive Messages from a particular Talent on the Website. As part of the Subscriber application process, Fans may make Talent Selections from The Live Line’s List of Talent. A Fan may click to make desired selections indicating which Talent Fan wants to include in its Talent Selections. Fan may update its Talent Selections as Fan desires from time to time, including without limitation, cancelling Talent Selections or adding new Talent Selections from The Live Line’s then current list of Talent. Updates to Fan Talent Selections, whether adding Talent to its Talent Selections or removing a Talent Selection, shall take effect within ten (10) business days of such addition and/or removal by Fan.
(ii) The Talent Selection list will be updated by The Live Line on a regular basis to reflect new Talent available to Fans as a Talent Selection and/or to indicate removal of existing Talent from the Talent Selections. In the event a Talent’s right to use the Website and Services is terminated or cancelled for any reason, The Live Line shall notify those Fans who have such Talent selected as one of his/her Talent Selections, and such Talent shall be removed as a Talent Selection from Fan’s Services.
(iii) Irrespective of whether a Fan makes a Talent Selection, Subscribers will receive messages and information from The Live Line, including without limitation, messages and information regarding the Website, third party advertisements, and products and/or services offered by, through or on behalf of The Live Line and/or its advertisers.
(d) Enabling Responsibilities. Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Website and the Services, including without limitation hardware devices, software, and other internet, wireless, broadband, cellular or other communication device and/or connection services.
(e) Dual Subscriptions. A Subscriber may be both a Fan and a Talent simultaneously, provided he/she is acting in accordance with this Agreement regarding their Fan and Talent subscriber status, as applicable.
4. MESSAGE SERVICES.
(a) Messages to Fans. From time to time during the Agreement, The Live Line shall deliver to Fan (i) certain email addresses, telephone numbers and text codes (collectively, “Fan Contact Information”) to access the Message Center, (ii) Content from The Live Line regarding the Website, the Services and/or other promotional or advertising materials, and (iii) Messages from Fan’s Talent Selections. The Content and Messages shall be delivered by The Live Line to Fans via email, text messaging or voice messaging, or such other format as The Live Line may make available and in accordance with the Fan’s contact information provided to The Live Line. Fan hereby consents to receipt of Messages from The Live Line, including without limitation, from Fan’s Talent Selections and any third party authorized by The Live Line, in The Live Line’s discretion, to contact Fans in connection with the Services. The Live Line hereby grants to Fan a limited, nonexclusive, worldwide right to use the Fan Contact Information solely in connection with the Services to access the Message Center and leave Messages for Fan’s Talent Selections or for The Live Line, as described herein for so long as Fan is a Subscriber.
(b) Messages to Talent. The Live Line will exercise commercially reasonable efforts to provide a hosted environment for Messages sent from Fans to Talent. With respect to text, SMS and audio messages, The Live Line will provide Talent with a dedicated phone number to dial in and listen to his/her Fan’s Messages. For email messages, The Live Line shall provide Talent with a dedicated email account where Talent can retrieve email messages when Talent desires. (The dedicated phone numbers and email addresses for Talent are collectively, “Talent Contact Information”). The Live Line hereby grants to Talent a limited, nonexclusive, worldwide right to use the Talent Contact Information solely in connection with the Services to access the Message Center listen to and/or read Messages from Talent’s Fans for so long as Talent is a Subscriber.
(c) No Guarantee. Subscribers agree and acknowledge that that The Live Line does not guarantee the confidentiality, transmission or accuracy regarding the Messages.
5. SUBSCRIBER MESSAGE CONDUCT.
(a) Subscriber shall be solely responsible for its own Messages and the consequences of posting or publishing them at or on the Message Center. Subscriber affirms, represents, and/or warrants that: Subscriber owns or has the necessary licenses, rights, consents, and permissions to use any and all Messages so as to enable inclusion and use of the Messages in the manner contemplated by the Website and this Agreement. Where Subscriber is a Fan, the Fan affirms, represents, and/or warrants to Talent that: Subscriber owns or has the necessary licenses, rights, consents, and permissions to use and grants Talent the right to use, reproduce, distribute, display and perform any and all Messages for any purpose that Talent may determine, in Talent’s sole discretion.
(b) In the event a Subscriber submits a Message that The Live Line determines, in The Live Line’s sole discretion, contains offensive, objectionable or inappropriate content, The Live Line may, in its sole discretion, remove the Message from the Message Center, block Subscriber’s Message(s), or terminate Subscriber’s subscription and access to the Website and the Services. In the event a Fan is leaving an excessive number of Messages for a particular Talent, The Live Line may, in its discretion, block the Fan’s Messages, remove the Talent as a Talent Selection for such Fan, or terminate the Fan’s subscription to the Services and access to the Website. In the event a Fan is leaving an excessive number of Messages for Talent or in the event a Fan leaves an offensive, objectionable or inappropriate message for Talent, Talent may, in Talent’s sole discretion, request that The Live Line remove him/her self as a Talent Selection for such Fan. The foregoing shall be Talent’s sole and exclusive remedy in the event a Fan leaves an excessive number of Messages or if a Fan’s Messages are offensive, objectionable or inappropriate. Notwithstanding the foregoing, The Live Line shall be under no obligation to monitor the content of any of the Messages.
(c) Subscriber retains all of Subscriber’s ownership rights in its own Messages. However, by submitting Messages to The Live Line, including without limitation Messages to the Message Center, Subscriber hereby grants The Live Line, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Messages in connection with the Website and The Live Line's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. Where Subscriber is a Fan, Fan hereby grants Talent, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Messages (and derivative works thereof) in any media formats and through any media channels. Subscriber also hereby grants each user of The Live Line Website a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free license to access Subscriber’s Messages through the Website, and to use, reproduce, distribute, display and perform such Messages as permitted through the functionality of the Website and under this Agreement.
(d) Subscriber further agrees that Subscriber will not submit material to The Live Line that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Subscriber is the owner of such rights or has permission from Subscriber’s rightful owner to post the material and to grant The Live Line and the Talent all of the license rights granted herein.
(e) The Live Line does not endorse any Message or any opinion, recommendation, or advice expressed therein, and The Live Line expressly disclaims any and all liability in connection with any Messages.
(f) Subscriber hereby releases and agrees to hold The Live Line, its affiliates, officers, agents and employees and their respective successors and assigns, and the Talent harmless from and against any and all past, present and future claims, actions, demands, liability, rights, damages or losses, that Subscriber and Subscriber’s respective heirs had, may have now or may have in the future in connection with its Messages, and/or the use of the Messages by The Live Line, including without limitation, any actions for copyright infringement, violations of rights of publicity or privacy. Fan waives any right that Fan and/or Fan’s respective heirs may have to inspect or approve of any of The Live Line or Talent’s permitted use of a Fan’s Message. Talent waives any right that Talent and/or Talent’s respective heirs may have to inspect or approve of any of The Live Line’s permitted use of Talent’s Message or Talent Content, as permitted herein.
6. WEBSITE AND CONTENT: PERMITTED USE/LIMITATIONS.
(a) Permitted Use. Subject to the terms of this Agreement, Live Line grants Subscriber permission to access and view the Website, Content and Talent Content solely for his/her own information and personal use or to otherwise participate in the Services and authorized Talent activities. In the case Content or Talent Content in video format, Subscribers may use such Content and Talent Content for Streaming. (As used herein, “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from Website to a Subscriber’s device in such a manner that the video Content or Subscriber Content is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the Subscriber.) Accessing video Content or video Talent Content for any purpose or in any manner other than Streaming is expressly prohibited.
(b) Limitations. Subscriber may not:
(i) copy and/or distribute the Website, or any portion thereof or content of any kind included therein, in any medium without The Live Line’s prior written consent;
(ii) modify the Website, or any portion thereof;
(iii) access Content and/or Talent Content through any technology or means other than those provided on the Website itself; or
(iv) use the Website, or any portion thereof or content of any kind included therein, in any medium, for any commercial use.
(c) Ownership and Restrictions.
(i) The Services, including without limitation the Content and the Talent Content is owned by The Live Line or its licensors, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Subscriber agrees to abide by all copyright notices and trademark, information, and other restrictions in connection with the Services, including without limitation any Content therein.
(ii) Content and Talent Content on the Website may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. All rights not expressly granted in and to the Website, Services, the Content and the Talent Content are expressly reserved by The Live Line and its licensors.
(d) Noninterference. Subscriber shall not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website, Services (including without limitation the Content) or Talent Content therein.
(e) Exposure to Third Party Material. On the Website, Subscriber will be exposed to content from a variety of sources. The Live Line is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. Subscriber further understands and acknowledges that Subscriber may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and Subscriber agrees to waive and hereby does waive, any legal or equitable rights or remedies Subscriber has or may have against The Live Line in connection therewith. Subscriber’s sole and exclusive remedy in connection with exposure to third party material shall be to cancel a particular Talent Selection or to cancel Subscriber’s Services with The Live Line.
7. ADVERTISING AND PROMOTIONAL TERMS FOR TALENT.
If Subscriber has registered as a Talent, the following terms and conditions shall apply to this Agreement, solely with respect to Talent:
(a) Right to Use Talent Materials. Talent will provide The Live Line with the Talent Content within ten (10) business days following Talent’s registration for the Services, together with such other Talent Materials as and when The Live Line may reasonably request in connection with Talent’s Services. Talent hereby grants to The Live Line a perpetual, irrevocable, worldwide, nonexclusive, fully paid-up, royalty-free, sublisensable and transferable license and right to use, reproduce, modify, distribute, display and perform the Talent Materials, and Talent’s name, likeness and biographical information in all media channels in connection with advertising, promoting and marketing The Live Line, the Website, and the Services for so long as Talent is a Subscriber hereunder. Talent retains ownership of the Talent Materials. In addition, The Live Line shall have the right to integrate Talent’s Content, Messages or any other text, voice and/or video broadcasts as into The Live Line’s advertising, marketing and promotional materials for the Website and Services in all media channels.
(b) Promotion by Talent. The Live Line grants Talent, for so long as Talent is a subscriber to the Services, a non-exclusive, nontransferable, nonassignable, limited license without right to sublicense to use and display The Live Line’s name, trade marks and service marks (collectively, “The Live Line Marks”) on Talent’s website for the sole and limited purpose of Talent identifying him/herself as a Talent for The Live Line Services; provided, however that any use by Talent of The Live Line Marks shall be subject to The Live Line’s prior written approval. Further, any use of The Live Line Marks by Talent shall be in accordance with applicable trademark law and in accordance with The Live Line’s then-current trademark policies, as The Live Line may provide to Talent from time to time. Talent agrees to include trademark notice with any approved use of The Live Line Marks, as provided above or as may be requested by The Live Line. Any use of The Live Line Marks by Talent shall inure to the sole benefit of The Live Line. All rights not expressly granted to Talent in The Live Line Marks are reserved to The Live Line. The Live Line is and shall remain the sole and exclusive owner of all right, title and interest in and to The Live Line Marks and all intellectual property rights therein. The Live Line shall have the sole right and discretion to bring legal or administrative proceedings to enforce The Live Line’s trademark rights including actions for trademark infringement or unfair competition proceedings involving The Live Line Marks. Talent shall not, during or after the term of this Agreement, register any The Live Line Mark or any trademark or service mark substantially similar to The Live Line Marks in any country or jurisdiction. The preceding sentence shall survive any termination or expiration of Talent’s subscription.
(c) Joint Marketing. The Talent shall, as directed by The Live Line and at The Live Line’s reasonable request, engage in joint promotion, marketing and advertising in connection with the Website and Services. For clarity, The Live Line shall control all advertising, promotion and sponsorship opportunities on or in connection with the Website and the Services (which may include third party advertisements as well as advertisements related to the Services themselves), and The Live Line shall determine all specifications for any such advertising campaigns, including creative, impressions' requirements and fees. Talent shall have no right to independently sell, market or promote paid third party ads or sponsorships on or in connection with the Website or the Services, and shall notify The Live Line of any such opportunities offered to Talent or to which Talent becomes aware, so that the parties may mutually determine the best method for leveraging such opportunities in connection with the Website and the Services.
8. FEES.
(a) The Live Line Fees. Subscriber may subscribe to Services at no charge to Subscriber. From time to time, The Live Line may offer premium services, products or opportunities (e.g. ring tones, concert tickets, Talent merchandise) in addition to the Services (collectively, “Premiums”) for which there may be a charge. In this case, The Live Line will notify Subscriber of any applicable fees and payment terms thereof for such Premiums. If Subscriber elects to purchase such Premiums, Subscriber must agree to the applicable Premium terms, including without limitation any payment terms required by The Live Line.
(b) Third Party Fees. The Services and some Premiums may require Subscriber to pay a third-party fee, including without limitation fees for local and long distance calling and text messaging plans. Subscriber shall be solely responsible for any such third party fees in connection with receiving and/or participating in the Services and/or purchase any Premiums.
9. SERVICE TERMINATION/CANCELLATION POLICIES.
(a) By Subscriber. Subscriber may cancel his/her subscription to the Services at any time, upon ten (10) business day’s notice to The Live Line. To be effective, notice of cancellation shall be provided to The Live Line on its Website by contacting The Live Line’s subscription cancellation contact, as follows: unsubscribe@theliveline.com. In the event Talent cancels his/her subscription and has an outstanding commitment to The Live Line scheduled for a date that is after the cancellation date of the subscription, Talent and The Live Line shall work together to reach a compromise in an effort to avoid disappointing such Talent’s Fans.
(b) By The Live Line.
(i) The Live Line may, in The Live Line’s sole discretion, terminate Subscriber’s Services and access to the Website immediately, without notice, if The Live Line believes that Subscriber: (1) has engaged, directly or indirectly, in acts or omissions that may constitute infringement of intellectual property, a violation of The Live Line’s Privacy Policy, or a violation of publicity rights, (2) has provided Messages (and in the case of Talent, Talent Content) which violate this Agreement or are otherwise inappropriate, in the Live Line’s sole discretion, including without limitation, pornography, obscene or defamatory Messages or Talent Content, as applicable, or (3) has otherwise violated the terms of this Agreement.
(ii) The Live Line may, in the Live Line’s sole discretion, limit, modify, change, suspend or discontinue all or a portion of the Services, including without limitation Talent Selections (collectively, “Changes”). The Live Line shall notify Subscribers of such Changes by posting notice on the Website, sending a Subscriber notice via a Message or other form of written notice, in The Live Line’s sole discretion. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Website by Subscriber following such notification constitutes Subscriber’s acceptance of the terms and conditions of this Agreement, as modified.
(iii) In addition to the foregoing, as to Talent, The Live Line may, in its discretion, terminate this Agreement as to Talent upon the occurrence of either of the following events: (1) Talent fails to send Messages to Fans for more than thirty (30) calendar days or (2) less than fifty (50) Fans have selected Talent as a Talent Selection.
(c) Survival. Sections 6(c) (“Ownership and Restrictions”), 10 (“Digital Millennium Copyright Act”), 11 (“Warranty Disclaimer”), 12 (“Limitation of Liability”), 13 (“Indemnity”), 14 (“Privacy”), 15 (“Ability to Enter into Contract”), 16 (“Assignment”) and 17 (“General”) shall survive any termination or cancellation of this Agreement.
10. DIGITAL MILLENNIUM COPYRIGHT ACT.
(a) The Live Line does not permit copyright infringing activities and infringement of intellectual property rights on its Website.
(b) If a person is a copyright owner or an agent thereof and believes that any content posted on the Website infringes upon another’s copyrights, such person may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Live Line’s Copyright Contact with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(c) The Live Line’s designated copyright contact (“Copyright Contact”) to receive notifications of claimed infringement is: The Live Line, 6410 Oak Canyon, Irvine CA 92618, attn: copyright@theliveline.com fax: 866-446-7541. Please be advised that DMCA notices should go to the this Copyright Contact; any other feedback, comments, requests for technical support, and other communications should be directed to The Live Line customer service through www.theliveline.com. The complaining person acknowledges that in the event he/she fails to comply with all of the requirements of this Section, such person’s DMCA notice may not be valid.
(d) If the person to who is allegedly infringing a copyright (as reported by the complaining person above) believes that content that was removed (or to which access was disabled) is not infringing, or that such person has authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, the person responding to the complaint may send a counter-notice containing the following information to the Copyright Contact:
(e) If a counter-notice is received by the Copyright Contact, The Live Line may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, in The Live Line’s sole discretion.
11. WARRANTY DISCLAIMER.
(a) The Live Line Disclaimer. Except as may be expressly set forth otherwise in a written agreement between Talent and The Live Line, the Live Line has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that The Live Line has no control over, and no duty to take any action regarding: which users gain access to the Website; what Messages and/or Talent Content Subscriber accesses or receives via the Website; what effects the Messages and/or Talent Content may have on Subscriber; how Subscriber may interpret or use the Messages and/or Talent Content; or what actions Subscriber may take as a result of having been exposed to any Messages and/or Talent Content. The Website may contain, or direct Subscriber to sites containing, or Subscriber may receive Messages and/or Talent Content containing information that some people may find offensive or inappropriate. The Live Line makes no representations concerning any Messages and/or Talent Content contained in or accessed through the Website, and The Live Line will not be responsible or liable for the accuracy, transmission, copyright compliance, legality or decency of material contained in or accessed through the Website. ALL USE OF THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, MESSAGE CENTER, MESSAGES, TALENT CONTENT AND ANY SOFTWARE IN CONNECTION THEREWITH SHALL BE AT SUBSCRIBER'S OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN "AS IS"/”AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE LIVE LINE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF MESSAGES AND/OR TALENT CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM SUBSCRIBER’S ACCESS TO AND USE OF THE WEBSITE OR SERVICES, (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, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (vi) 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 WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
(b) Subscriber Warranty. Subscriber warrants and represents that the Messages, and in the case of Talent, the Talent Content, (i) will not contain offensive or inappropriate content, (ii) will be free of errors, mistakes or inaccuracies, (iii) will not cause any interruption or cessation or transmission to or from The Live Line Website, (iv) will not contain any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website, and (v) will not contain 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 Messages and/or, as applicable, Talent Content.
12. LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE LIVE LINE BE LIABLE WITH RESPECT TO THE WEBSITE, SERVICES, CONTENT, MESSAGES, MESSAGE CENTER, TALENT CONTENT UNDER ANY AGREEMENT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, AND NOTWITHSTANDING ANY DAMAGES THAT SUBSCRIBER MIGHT INCUR FOR ANY REASON WHATSOEVER, THE ENTIRE LIABILITY OF THE LIVE LINE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY SUBSCRIBER FOR THE USE OF THE SERVICES OR U.S. $50.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.
13. INDEMNITY.
Subscriber agrees to defend, indemnify and hold harmless The Live Line and its affiliates, officers, directors, owners, operators, employees, licensors and agents, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from, related to or in connection with : (i) Subscriber’s use of and access to the Website and/or the Services; (ii) Subscriber’s violation of any term of this Agreement; (iii) Subscriber’s violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of Subscriber’s Messages caused damage to a third party, (v) a claim regarding Subscriber’s act or omission regarding Message content, (vi) with respect to Talent, a claim regarding the Talent Content, or (vii) Subscriber’s misuse of The Live Line User ID.
14. PRIVACY.
(a) The Live Line’s Privacy Polity at www.theliveline.com/privacypolicy. (“The Privacy Policy”), as may be amended by The Live Line from time to time, sets forth the terms and conditions regarding The Live Line’s treatment of Subscriber personal information. The Privacy Policy is hereby incorporated by reference into this Agreement. ALTHOUGH THE LIVE LINE COMMITS TO TREAT YOUR PERSONAL INFORMATION, WHICH PERSONAL INFORMATION MAY INCLUDE WITHOUT LIMITATION INFORMATION PROVIDED BY SUBSCRIBER TO THE LIVE LINE DURING THE SUBSCRIBER REGISTRATION PROCESS OR OTHERWISE IN CONNECTION WITH THE SERVICES, IN ACCORDANCE WITH THE TERMS OF ITS PRIVACY POLICY, THE LIVE LINE MUST ADVISE YOU THAT THE LIVE LINE CAN MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED VIA A MESSAGE, THE SERVICES, THE WEBSITE, OR ANY WEB-SITE LINKED TO THE SITE. Accordingly, if The Live Line complies with the terms in its Privacy Policy, The Live Line will not be liable for the privacy of e-mail addresses, phone or communication device numbers, registration and identification information, disk space or any other Content or Messages stored on The Live Line's equipment and transmitted over networks accessed by the Site, or otherwise connected with Subscriber's use of the Services. In addition, if a Fan provides any personal information in connection with the Fan’s communication with any Talent via the Services or otherwise, The Live Line will have no responsibility or liability to the Fan in connection with how the Talent uses such personal information. Notwithstanding The Live Line’s Privacy Policy, The Live Line may use aggregate Subscriber usage data regarding the Services and the Website.
(b) Subscriber agrees to abide by the then-current terms of The Live Line’s Privacy Policy. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing" message designed or intended to obtain password, account, or private information from any Subscriber. Use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Subscriber will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Website or through use of the Services, or any processes that run or are activated while the Subscriber is not logged in. Further, Subscriber shall not run any automated calling robot or system or otherwise misuse the Services to violate any third party rights, e.g. SMS spoofing.
15. ABILITY TO ENTER INTO AGREEMENT.
Subscriber confirms that Subscriber is competent and able to agree to, abide by and perform the terms of this Agreement. By making such affirmations, Subscriber represents that Subscriber is either older than 18 years of age, an emancipated minor, or possesses legal parental/guardian consent. In any event, Subscriber confirms that Subscriber is over the age of 13. The Website is only intended for people over 13 years of age. Children under the age of 13 are not authorized to use the Website or subscribe to its services.
16. ASSIGNMENT.
The Live Line may assign this Agreement without Subscribers’ prior written consent. Subscriber may not assign this Agreement.
17. GENERAL.
Subscriber agrees that the Website shall be deemed solely based in California shall be deemed a passive Website, such that jurisdiction over The Live Line may only be claimed in California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between Subscriber and The Live Line in any way connected to the Website shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California. This Agreement, together with any other legal notices published by The Live Line on the Website, shall constitute the entire agreement between Subscriber and The Live Line regarding the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Except as expressly provided otherwise herein, no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and The Live Line’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. THE LIVE LINE AND SUBSCRIBER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.