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| General Guidelines |
| Welcome to the LiveDaily Community Forums message board system. By your completion of the registration process and your use of the message board system ("Message Board"), you warrant that you agree to the Terms Of Service ("TOS") outlined herein. Additionally, the TOS may be updated from time to time. Through your use of the message board system, you agree to abide by this and all future versions of the TOS.
GENERAL GUIDELINES The Message Board is a registration-based bulletin board which posts messages in real-time. The messages express the views of the author of the message, not necessarily the views of LiveDaily or any entity associated with LiveDaily. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately. The Message Board is provided as a community tool for the purpose of allowing group discussions relevant to specific topics. In certain forums, moderators assigned by LiveDaily may post additional forum rules or offer additional guidance, including but not limited to general tone, subject matter, use of signatures or images in posts, etc. Such guidelines serve as an amendment to the TOS. Awareness of these forum rules and adherance to moderator guidance is the responsibility of the user. Failure to adhere to these guidelines may result in restricted access to some Message Board features including but not limited to posting privileges. Although LiveDaily does not and cannot review the messages posted and is not responsible for the content of any of these messages, we reserve the right to delete any message for any or no reason whatsoever. We also reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you. Member-generated advertisements, chain letters, pyramid schemes, and solicitations are not permitted on this Message Board and may result in restricted access to some Message Board features including but not limited to posting privileges. Cross-posting messages to multiple forums is considered spamming and may result in restricted access to some Message Board features including but not limited to posting privileges. |
| Account Security Obligations |
| ACCOUNT SECURITY OBLIGATIONS You are responsible for maintaining the confidentiality of the password and account you receive upon registration, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LiveDaily of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LiveDaily is not liable for any actions taken as a result of your breach of this provision. |
| Member Conduct |
| MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not LiveDaily, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Message Board. LiveDaily does not control the Content posted via the Message Board and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Message Board, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will LiveDaily be liable in any way for any Content, including, but not limited to, for 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 Message Board. You agree to not use the Message Board to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a LiveDaily representative official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Message Board; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in exchanges of Content; j. interfere with or disrupt the Message Board or servers or networks connected to the Message Board, or disobey any requirements, procedures, policies or regulations of networks connected to the Message Board; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; l. "stalk" or otherwise harass another; or m. collect or store personal data about other users. You acknowledge that LiveDaily does not pre-screen Content, but that LiveDaily and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Message Board. Without limiting the foregoing, LiveDaily and its designees shall have the right to remove any Content that violates the TOS or is otherwise determined to be objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by LiveDaily or submitted to LiveDaily, including all parts of the Message Board. You understand that any Content you post becomes the property of LiveDaily and you acknowledge and agree that LiveDaily may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of LiveDaily, its users and the public. You understand that the technical processing and transmission of the Message Board, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. |
| Content Submitted or Made Available for Inclusion On The Message Board |
| CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE MESSAGE BOARD LiveDaily does not claim ownership of Content you submit or make available for inclusion on the Message Board. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Message Board, you grant LiveDaily the following world-wide, royalty free and non-exclusive license(s), as applicable: By publishing Content to the LiveDaily message board, you establish that you have either created the Content or have secured permission to reproduce the content on an advertiser-support website, including but not limited to contact with the original creator or publisher and payment of any licensing or syndication fees for re-use of the Content. You agree that any requests for fees requested by any Content provider due to your publishing of content will be directed to you for payment and that LiveDaily will in no way be held responsible for your actions. An acceptable re-use of external text Content for the purposes of discussion shall include a maximum excerpt of three to seven paragraphs of the original item included in quote tags, along with a link to the originating URL of the Content and contextual information provided by you to establish its relevance to the forum topic in which it's posted. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Message Board, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Message Board solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Message Board and will terminate at the time you remove or LiveDaily removes such Content from the Message Board. Links to copyrighted materials hosted at external sites will be limited to those sites with RIAA-approved takedown provisions (e.g, YouTube). This restriction includes but is not limited to the posting of links to MP3 files of studio recordings produced for commercial sale; sound or video recordings of live performances where the artist or label has expressed any desire for such recordings to not be distributed; software or other digital products intended for sale. Links to studio recordings hosted at file-sharing services including YouSendIt, on blog posts regardless of host, on fan or community or social networking pages not controlled by the artist or on torrent trackers are not allowed. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Message, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Message Board are those areas of the LiveDaily network of properties that are intended by LiveDaily to be available to the general public. |
| International Use |
| INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all applicable United States laws as well as local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. |
| Indemnity |
| INDEMNITY You agree to indemnify and hold LiveDaily, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Message Board, your use of the Message Board, your connection to the Message Board, your violation of the TOS, or your violation of any rights of another. |
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