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We do not claim any permanent ownership of any content that you submit to the Site. You retain all copyright and any other rights you already hold in any content that you submit, post or display on the Site. We do however require a limited license to host and display any content that you submit to the Site. Therefore, you hereby grant a non-exclusive, world-wide, royalty-free right to Live by Design to copy, reproduce, modify, adapt and publish the information you submit to the Site solely for the purpose of displaying and distributing the content for so long as you choose to make your content available on the Site. By submitting any information to us, you represent and warrant that such submission is accurate to the best of your knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights
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2. Your Rights
3. Our Obligations
3. Our Rights
We may modify, replace, suspend or discontinue the Site, partially or entirely, or disable your access to the Site, at any time and in our discretion, without prior notice to you and we reserve all rights not expressly granted herein, including without limitation, title, ownership, intellectual property rights, and all other rights and interests in the Site. We reserve the right, but shall not be obligated to, pre-screen, review, flag, filter, modify, refuse, or remove any or all content, including Personal Data from the Site. You acknowledge and agree that if we disable your access to the Site, you may not be able to access your account details or other content which is contained on your account. We shall have no liability to you for the deletion of any of your content or for suspending and discontinuing your use of the Site.
5. WARRANTY DISCLAIMER
LIVE BY DESIGN DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, (1) THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (2) THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR (3) ABOUT THE ACCURACY OR SUITABILITY OF THE CONTENT ON THIS SITE FOR ANY PURPOSE. DO NOT RELY ON THE SITE OR ANY INFORMATION WE OR OTHER USERS MAY PROVIDE. NO ADVICE OR INFORMATION OBTAINED THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE PROVIDE THE SITE AND ALL INFORMATION "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. If you are dissatisfied or harmed by THE SITE OR ANY INFORMATION PROVIDED, you may STOP USING THE SITE and terminate the Agreement. such termination shall be your sole and exclusive remedy.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVE BY DESIGN, BE LIABLE FOR (1) ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NO LIMITED TO, LOSS OF USE, DATA OR PROFITS, OR (2) DIRECT OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THIS SITE OR YOUR RELIANCE ON, OR THE DISPLAY OF ANY CONTENT THROUGH THIS SITE, WHETHER OR NOT LIVE BY DESIGN WAS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF LIABILITY IS EFFECTIVE WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH LIVE BY DESIGN MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $100. THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSION AND LIMITATION IN THE PRIOR PARAGRAPH.
Regarding copyright infringement complaints, see our Notice and Procedure for Making Complaints Regarding Copyright Infringement
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Links to other Internet Sites. The Site may contain links to other Internet sites and services that are operated and maintained by third parties. You acknowledge, understand and agree that Live by Design, to the extent permitted by law, will 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, products or services available on such other sites.
Copyright and Service Mark/Trademark Notices. All copyright, trademarks, service marks, logos and designs used on the Site, whether registered or unregistered, are owned by Live By Design or other third parties. You may not use or display any copyrights, trademarks, service marks, logos or designs owned by Live By Design or other third parties without prior written consent.
Date Last Modified: 04/20/10