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Terms of Use
The effective date of this Agreement is July 29, 2008.
ATTENTION VERIZON WIRELESS CUSTOMERS
Your use of LimeLife Software is subject to the terms and conditions of the Verizon Wireless Customer Agreement, your Calling Plan and Get It Now terms of use including the Get It Now License Agreement, which can be found at http://support.vzw.com/terms/products/getitnow.html.Introduction
LimeLife, Inc. ("LimeLife") owns and operates on-line and mobile services, including an online and mobile social networking utility, which will, among other things, provide you with information about topics of interest through a variety of means (including email, instant messaging, and mobile phone text messages), allow you to communicate with other LimeLife users, and share photos, links, and other items with other LimeLife users ("LimeLife Services"). By using the LimeLife Services, accessing the LimeLife website located at http://www.limelife.com, and other domains and pages owned and operated by LimeLife (the "LimeLife Site") or by using any LimeLife software product ("Software") by you agree to be bound by these Terms of Use, as well as any other guidelines, rules and additional terms referenced herein and such separate or additional terms as may be identified with certain of the LimeLife Services, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Use").These Terms of Use set out the legally binding terms with respect to your use of and our provision of the LimeLife Site and LimeLife Services. Please read these Terms of Use carefully. Your access to or use of the LimeLife Services constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, do not access or use the LimeLife Services.
Eligibility.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the LimeLife Site and LimeLife Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the LimeLife Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the LimeLife Services. You must be 13 or older to use the LimeLife Site, in compliance with the Children's Online Privacy Protection Act ("COPPA"). By using the LimeLife Site and/or LimeLife Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The LimeLife Site and LimeLife Services are administered in the United States of America; users are responsible for compliance with any local laws applicable to their use of the LimeLife Service or the LimeLife Site.Changes to the Agreement or the LimeLife Services.
You agree and understand that these Terms of Use, the LimeLife Site and the LimeLife Services may be modified by LimeLife at any time.If you have created an account with us by registering as described in Section 3 below, we will attempt to inform you of any modifications to these Terms of Use, the LimeLife Site, or the LimeLife Services that affect your obligations to LimeLife or our obligations to you. We will attempt to inform you of such modifications either by sending you an email at the email address you provided as part of the registration process, or by a message to you at the time you log into the LimeLife Site. If you do not agree with any such modifications, your sole remedy is the termination of your account with LimeLife, which you may request by contacting us using the information here. Your continued use of the LimeLife Services after receiving notice of any modifications indicates your acceptance of the modified Terms of Use.
If you have not registered, and do not have an account with LimeLife, any modifications to the Terms of Use will be effective as to you upon LimeLife's posting of the new terms and/or upon implementation of the new changes on the LimeLife Site. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the LimeLife Services after any modifications indicates your acceptance of the modified Terms of Use.
Unless expressly stated otherwise by LimeLife, any new features, new services, enhancements or modifications to the LimeLife Services implemented after your initial access to the LimeLife Services shall be subject to these Terms of Use.
Registration and Security.
In order to use or access some of the LimeLife Services, you may be required to register with LimeLife and to select a password, user name and an email address you own and use. During the registration process, you may be requested to provide certain information (e.g. your birthdate, gender, zip or postal code, name, e-mail address, country or territory of residence or telephone number), and you agree to provide true, accurate, current and complete information about yourself as prompted by such process (such information being "Personal Information"). LimeLife will use your Personal Information in accordance with its then-current privacy policy ("LimeLife Privacy Policy"). Please review the LimeLife Privacy Policy before you complete the purchase or registration process or attempt to use or access the LimeLife Services. If any of your Personal Information changes (e.g., new address or email address, new phone number, etc.), you must update that information in your account. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You may not: (i) establish more than one user name per valid email address you control, (ii) enter, select or use a false name or email address or telephone number owned or controlled by another person without that person's permission, or, (iii) use as a user name a name subject to any rights of a person other than yourself without appropriate authorization. The user name that you select must comply with the requirements for other Content, and such other policies for user names that LimeLife may publish from time to time. LimeLife reserves the right to refuse registration of, or cancel a user name and other elements of a user account in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any user name and password provided to you for your access to the LimeLife Services shall be for your personal use only. You agree to (a) immediately notify LimeLife of any unauthorized use of your user name or password, and (b) ensure that you exit from your account at the end of each session.Content, and such other policies for user names that LimeLife may publish from time to time. LimeLife reserves the right to refuse registration of, or cancel a user name and other elements of a user account in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any user name and password provided to you for your access to the LimeLife Services shall be for your personal use only. You agree to (a) immediately notify LimeLife of any unauthorized use of your user name or password, and (b) ensure that you exit from your account at the end of each session.
Use of the Site/Services.
Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the LimeLife Services to upload, publish and display photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, hyperlinks and other content; invite people you know to join LimeLife; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the LimeLife Services ("Content"), and other items displayed on the LimeLife Site, for your own use. You may not copy or distribute any portion of the LimeLife Site and/or LimeLife Services for any purpose not authorized above without the express written permission of LimeLife. LimeLife does not control the Content posted by third parties via the LimeLife Services, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the LimeLife Services you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will LimeLife be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the LimeLife Services. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.Software License.
Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("EULA"). You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the EULA terms.For any Software that is not accompanied by a EULA, LimeLife and/or its licensors, as applicable, hereby grant to you a nonexclusive, nonsublicensable, revocable, limited license, subject to these Terms of Use, to use the Software on your compatible device solely for your own non-commercial use.
You may copy the Software only for backup purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copies of the Software.
Except as specifically provided herein, any modification, reproduction or redistribution of the Software is expressly prohibited. You may not sell, resell, transfer, sublicense, rent, lease or lend any portion of the Software, or translate, modify, copy, reverse engineer, decompile, disassemble, attempt to discover the source code of the Software, or create derivative works of the Software.
You may not use the Software during certain activities, such as operation of a motor vehicle, where there exists a significant risk of accident or injury resulting from the distraction created by such use. You acknowledge that any such use is a violation of these Terms of Use and is at your sole risk. LimeLife will not be responsible for any damages of any kind resulting from such use.
You acknowledge that the Software, and any accompanying documentation or technical information, may be subject to applicable export control laws and regulations of the United States or the laws of the country in which you reside and that you will act in compliance with any such export control laws and regulations.
Restrictions on Rights to Use.
You agree that you shall not (and you agree not to allow any third party to):- modify, adapt, translate, or reverse engineer any portion of the LimeLife Site and/or LimeLife Services;
- remove any copyright, trademark or other proprietary rights notices contained in or on the LimeLife Site and/or LimeLife Services or in or on any Content or other material obtained via the LimeLife Site and/or LimeLife Services;
- other than permitted by a robots.txt file, use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the LimeLife Site and/or LimeLife Services for purposes of constructing or populating a searchable database;
- collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to communicate with those users or members with their permission;
- reformat or frame any portion of the web pages that are part of the LimeLife Site and/or LimeLife Services;
- create user accounts by automated means or under false or fraudulent pretenses, or otherwise misrepresent your identity;
- create or transmit unwanted electronic communications such as "spam" to other users or members of the LimeLife Site and/or LimeLife Services or otherwise interfere with other user's or member's enjoyment of the LimeLife Site and/or LimeLife Services;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use of the LimeLife Site or LimeLife 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;
- copy or store any Content offered on the LimeLife Site for other than your own use;
- use any device, software or routine that interferes with the proper working of the LimeLife Site and/or LimeLife Services, or otherwise attempt to interfere with the proper working of the LimeLife Site and/or LimeLife Services;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- use any Content marked as obtained from or belonging to LimeLife except in compliance with the additional terms specified below;
- use the LimeLife Site and / or LimeLife Services, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
Content Posted By You on the LimeLife Site.
You are solely responsible for any Content and other material that you submit, publish or display on the LimeLife Site or transmit to other members and/or other website users (hereinafter, "Posted Content").You expressly acknowledge and agree that any Posted Content is a public, not a private, communication, and LimeLife has no confidentiality obligations with respect to any Posted Content.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by LimeLife.
You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
You understand and agree that LimeLife may, but is not obliged to, review and delete any Posted Content that in the sole judgment of LimeLife violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the LimeLife Site and/or other website users.
You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
By providing Posted Content to the LimeLife Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, LimeLife and its successors-in-interest, its contractors, its partners and the users of the LimeLife Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content.
The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the LimeLife Site. LimeLife reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the LimeLife Services and terminating the membership of such violators or blocking your use of the LimeLife Services and/or LimeLife Site. You may not post Content that:
- is false or intentionally misleading;
- is patently offensive to users of the LimeLife Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- violates the intellectual property or other rights of any person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; and
- seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
Copyright Dispute Policy.
LimeLife has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of LimeLife's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.LimeLife Policy.
It is LimeLife's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or Content residing on or accessible through the LimeLife Site or Services infringes a copyright you own or control, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that LimeLife is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification.
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is LimeLife's policy:
- to review and/or remove or disable access to the infringing material;
- if applicable, to notify the Content provider, member or user that it has removed or disabled access to the material; and
- LimeLife may also terminate such Content provider's, member's or user's access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent.
If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Content provider, member or user;
- Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- The Content provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for any judicial district in which LimeLife is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
Removal.
If a counter-notice is received by the Designated Agent, LimeLife may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at LimeLife's discretion.
Address for Designated Agent.
Please contact LimeLife's Designated Agent to receive notification of claimed infringement at the following address:
Copyright Agent, LimeLife
4300 Bohannon Drive, Suite 230
Menlo Park, CA 94025
Online contact information: copyrightagent@limelife.com
