Effective Date of these Terms & Conditions: August 1, 2013.
You must read these terms of use ("Terms & Conditions", "Terms", "Agreement", or "Terms of Use") carefully and completely prior to using the products or services offered by LiveBrick Labs Inc. ("LiveBrick", "we", "us, "our").
These legally binding Terms of Use govern your use of the website and services at www.wrkd.in, www.worked.in, www.livebrick.com, www.verinym.com, www.pingsyapp.com, and any other websites (collectively the Sites) and services owned or operated by LiveBrick labs that re-direct to these sites and services or are offered as extensions thereof or further, any client software applications offered, managed by or in partnership with Livebrick that connect with these (collectively with the Site, products and services, the "Service").
By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you signify that you have read, understand and agree, without modification of all of the terms and conditions contained herein ("Terms of Use"), to be bound by these terms of use and any other applicable law. These terms also incorporates LiveBrick's Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on the Site by LiveBrick, each of which is incorporated by reference and each of which may be updated by LiveBrick from time to time without notice to you
If you order any product or service provided through the Service, then fulfillment of your order is expressly conditioned upon your assent to these Terms of Use. We may change these Terms of Use at any time without notice, effective upon its posting to the Site.
Your continued use of the Service shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Service.
THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE AS WELL AS PROVIDERS OR CONVEYORS OF TRUST, AUTHENTICATION, VERIFICATION AND IDENTITY SERVICES.
In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by LiveBrick from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
LiveBrick reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. LiveBrick may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
You represent that all registration information you submit is accurate and truthful.
LiveBrick may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
To become a member of the Service, or post User Content, you may be required to register for an account (claim a LiveBrick digital identity). This Service is intended for organizations and enterprises and if individuals, those who are 7 years of age or older and it is a violation of these Terms of Use for anyone under 7 to use the Site. You represent and warrant that you are 7 or older. If you are between 7 and 18 years old, you must obtain your parent/ legal guardian's permission to use the Site and post User Content.
The service is a privacy, trust and trusted interaction platform for enabling the connection between authentic individuals and organizations. LiveBrick does not take part in the interaction between individuals and groups. You represent, understand and expressly agree that LiveBrick.com does not have control over the quality, timing, legality or any other aspect whatsoever of the users, groups or events represented. LiveBrick makes no representations about the suitability, timeliness, and accuracy of the services provided by through the Service whether in public, private or offline interactions. LiveBrick does not assume, and expressly disclaims, any responsibility for the accuracy or reliability of any user, group or event. LiveBrick does not assume and expressly disclaims any liability that may result from the use of this information. LiveBrick is not responsible for the conduct, whether online or offline, of any user of the Service or Member of the Service. All users, hosts, and invitees, do hereby expressly agree not to hold LiveBrick (or LiveBrick’s officers, directors, managers, members, subsidiaries, agents, assignees, representatives, advertisers or employees) liable for any activities originated through the Service and LiveBrick expressly disclaims any liability whatsoever for any damage, lawsuits, and/or claims.
By using the Service, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
The Service may contain services and features that are available to certain mobile devices. Your carrier's normal rates and fees apply. By using our mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. Unless expressly set forth otherwise in a written agreement between Livebrick and User, the Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term "Content" includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by LiveBrick or its partners on or through the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;you know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); involves commercial activities and/or sales without LiveBrick's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of LiveBrick or any third party; or impersonates any person or entity, including any employee or representative of LiveBrick.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by LiveBrick in its sole discretion) an unreasonable or disproportionately large load on LiveBrick's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures LiveBrick may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. LiveBrick does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. LiveBrick has no obligation to monitor the Site, Service, Content, or User Submissions.
However, LiveBrick reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if LiveBrick is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Service. You agree to our use of your personal information and content in accordance with our Privacy Policy.
You are responsible for your interactions with other people, whether through the Service or in person. We are not responsible or liable for any loss or damage resulting from any interaction with other Service users, persons you meet through the Site, or persons who find you because of information posted on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, whether online or offline, and conduct any necessary investigation before meeting another person.
You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms of Use. You represent and warrant that your User Content and your activities on the Site do not and will not violate these Terms of Use or the rights of any third party, including infringing or misappropriating any third parties' intellectual property and publicity rights. You also agree to the following:
Product Orders: All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that we later cancel, we will issue you a refund.
Some payments may be processed through Stripe, Apple, or other electronic payment vendors. Your relationship with the electronic payment vendor is separate from your relationship with us and is governed by the terms and conditions contained in such vendor's agreement and posted on their website.
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with LiveBrick and select a password and screen name ("User ID"). You shall provide LiveBrick with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your LiveBrick account. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. LiveBrick reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your LiveBrick password.
You are responsible for any actions that take place while using your account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
You shall never use another user’s account without such other user's express permission. You will immediately notify LiveBrick in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under LiveBrick’s control, and you acknowledge that LiveBrick is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by LiveBrick or any association with its operators. You further acknowledge and agree that LiveBrick shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
You agree that the Service contains Content specifically provided by LiveBrick or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. LiveBrick grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use.
Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from LiveBrick, or from the copyright holder identified in such Content's copyright notice
You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
All intellectual property and content on the Site (except for User Content, defined below) is owned by LiveBrick, Inc. or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, logos, service marks and trade names are owned, registered and/or licensed by LiveBrick, Inc. All content on the Site (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Site Content") is a collective work under the United States and other copyright laws and is the proprietary property of LiveBrick, Inc., all rights reserved. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
The Service provides you with the ability to add, create, upload, submit, distribute or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, code, files, messages, comments, materials, links, designs, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "User Submissions") and any other content that you and/or other Site users post or upload on or through the Site, except to the extent that the content is owned by us.
By Submitting User Submissions on the Site or otherwise through the Service, you acknowledge that you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission.
And further, you hereby do and shall grant LiveBrick a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and LiveBrick's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites).
You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use, even though the Service may limit such actions by other users.
For clarity, the foregoing license grant to LiveBrick does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;represent and warrant, and can demonstrate to LiveBrick's full satisfaction upon request that you:
You are solely responsible for your User Content and your activity on the Site. Do not post User Content that:
We do not prescreen User Content and cannot guarantee the Site will be free from User Content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no obligation to you or any third party, and shall have no liability relating to any User Content or activities of users on the Site. Even in the event we choose to monitor any User Content, we assume no responsibility for, or any obligation to monitor or remove, such User Content.
Your User Content is protected as described in the Privacy Policy. You may choose to grant, and warrant that you have the right to grant, to us the ability to make your content available to 3rd parties.
While we do make regular backups of User Content, we have no obligation to do so and you should take appropriate steps to maintain your User Content.
In the event that you submit or post any creative suggestions, proposals, or ideas about our Service or other products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary and will become our sole property without any compensation or credit to you whatsoever.
We reserve the right in our sole discretion to (i) terminate your account, or all or any part of the Service (ii) delete your profile and any of your User Content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), at any time, with or without cause, for any or no reason, with or without notice, effective immediately and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site. These actions may result in the forfeiture and destruction of all information associated with your membership.
If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable.
You understand and agree that some of your User Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Site, in our products and services, or on other platforms (e.g., Facebook), may continue to appear on the Site or on other products, services or platforms even after your User Content is removed or your account is terminated.
These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Ownership Provisions, Indemnification, User Interactions, Warranty Disclaimer, Limitation of Liability, Miscellaneous and terms that by their nature may survive termination shall survive any termination.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR SITE CONTENT OR USER CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT (V) THE PERFORMANCE OF PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE (VI) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (VII) TERMINATION OR DOWNGRADING OF YOUR ACCOUNT (VIII) ANY OTHER MATTER RELATING THE SITE OR ANY OF OUR OTHER PRODUCT OR SERVICES.
THE COMPANY's MAXIMUM CUMULATIVE OR AGGREGATE LIABILITY, AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF THE TERMS OF USE, USE OF THE SITE, SITE CONTENT OR USER CONTENT IS TO STOP USING THE SITE. IF THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS ANYWAY CONNECTED YOU'RE YOUR USE OF THE SITE, OUR LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). OR THE AMOUNT YOU PAID COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If you believe that your identity has been copied, cloned or misrepresented in any other way on the Service that may constitutes identity theft or with a view to falsely represent your identity, please contact us and provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the identity owner; (2) description of the specific attributes of your identity (name, social media accounts etc;) you claim has been infringed or misrepresented and the location - URL or other unique ID of the alleged infringement on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused is infringing on your identity; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the identity owner. Contact us at support@verinym.com Consult your legal advisor before filing a notice, because there can be penalties for false claim.
If you are a copyright owner and you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, please contact us and provide the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the location of the alleged infringement on the Site; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner. Contact us at support@verinym.com. Consult your legal advisor before filing an infringement notice, because there can be penalties for false claim.
You shall defend, indemnify, and hold harmless LiveBrick, its affiliates and each of its, and its affiliates, employees, agents, contractors, officers, directors, suppliers, licensors and representatives from all losses, liabilities, costs, claims, damages, judgments, expenses (including without limitation attorneys' fees), claims of very kind and nature that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. LiveBrick reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with LiveBrick in asserting any available defenses.
Unless provided for in a written agreement elsewhere, LiveBrick has no special relationship with or fiduciary duty to you. You acknowledge that LiveBrick has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content, be it User Content or Site Content, you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release LiveBrick from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate or violate norms and guidelines in your domicile. LiveBrick makes no representations concerning any Content contained in or accessed through the Site, and LiveBrick will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE, INCLUDING THE SITE, IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OR STATUORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. LIVEBRICK, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR EROR-FREE; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE OR FUCTIONALITY AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS FROM THE USE OF THE SITE WILL BE ACCURATE, CORRECT, ADEQUATE, TIMELY, COMPLETE OR RELIABLE OROTHERWISE (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
YOUR USE OF THE SERVICE AND ANY DOWNLOADED CONTENT IS SOLELY AT YOUR OWN RISK AND YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR DEVICE IN WHICH YOU ACCESS THE SERVICE, LOSS OF DATA OR ANY OTHER HARM OF ANY KIND THAT MAY RESULT. LIVEBRICK RESERVES THE RIGHT TO CHANGE ANY COMPONENT OF THE SERVICE AT ANY TIME WITHOUT NOTICE,
THAT SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): LiveBrick MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
LiveBrick will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on LiveBrick’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
You also agree that any cause of action or claim you may have with respect to the Service, including without limitation the use or purchase of our website, products or services, must commence within one (1) after the claim or cause of action arose, otherwise such cause of action is permanently barred.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over YouTube, either specific or general, in jurisdictions other than California. You agree that the laws of California, will apply to these Terms of Service without regard to or application of its conflict and choice of law provisions or your state or country of residence and without regard to the United Nations Convention on the International Sale of Goods.
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be first submitted to confidential binding arbitration in San Francisco, California, for those claims that may arbitrated under the Applicable Law identified in Section 23. The parties shall choose a single arbitrator designated by the American Arbitration Association. The arbitration proceeding shall in all cases be governed by the Arbitration Rules and Procedures of the American Arbitration Association then in effect. The award of the arbitrator shall be final and binding on all parties hereto and provide for costs and attorneys’ fees to be paid to the substantially prevailing party. For those claims deemed not subject to arbitration under the Applicable Law, after conclusion of the arbitration, either party may file a civil action in the state or Federal Courts of the County of San Francisco, California. To the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of San Francisco County, California for any dispute between you and the Company. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
These Terms and our Privacy Principles and Policy constitute the entire agreement between you and Livebrick for the use of the Services, and supersede any previous or contemporaneous binding agreements, communications, representations, understandings or proposals (whether oral, written or electronic) between you and LiveBrick with respect to the Services, including without limitation any prior versions of the Terms.
If any provision of the Terms of Use is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms of Use will otherwise remain in full force and effect and shall continue to valid and enforceable.
The failure of LiveBrick to exercise or enforce in any respect any right or provision of the Terms will not be deemed a waiver of that or any other rights or provision hereunder. Neither the course of conduct between the parties nor trade practice shall modify the Terms.
LiveBrick shall in no way be made liable for any failure to perform its obligations under this Agreement where such failure results from any cause beyond LiveBrick's commercially reasonable control, including without limitation, digital, electronic, physical media and storage, mechanical or communications failure or degradation (including "delay variations", "latency", "time-outs" and "line-noise" interference).
No agency, partnership, joint venture, sub-contractor, consultant, adviser or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect for such purpose.
A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms are provided personally to you and you may not re-assign them, transfer, sell, sub-license or delegate any of its rights and obligations to anyone, without our prior written consent. We may assign, transfer, delegate, sub-contract, any of our rights and obligations under this Agreement, for any reason, without any consent of, or notification to, yourself or other parties.
All notices under the Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. For the avoidance of doubt, no product or service related support to contact email or online web page may be used for these communications.
All notices and communication must be in writing by mail or by fax to LiveBrick Labs Inc, located at #2231, 809-B Cuesta Drive, Mountain View, CA 94040.