-Last Modified: August 26, 2009
INTRODUCTION: YourLifeBox.com ("YourLifeBox.com") currently provides registered users (“Members”) with access to, and use of, a forum to create a YourLifeBox.com profile (“YLB Profile”) containing their personal stories and dreams on its web site located at www.yourlifebox.com (the "Web Site"). You may visit certain areas of the Web Site without being a Member but only Members have the ability to create YLB Profiles. Web Site visitors who are interested in providing non-monetary support to a particular Member may register on the Web Site as “YLB Supporters.” In addition, individuals can sign up to be “YLB Sponsors,” either of their own YLB Profile or of the YLB Profiles of other Members. Sponsorship involves the purchase of page views that allow the sponsored YLB Profile to be featured more prominently, thus increasing the likelihood that the YLB Profile will be supported by another YLB Supporter. The Web Site is hosted in the United States.
ACCEPTANCE OF TERMS: These Terms and Conditions of Use (hereinafter "Terms"), consisting of all of the terms, conditions, notices and agreements below, as well as the Privacy Policy located here , govern your use of the Web Site, either as a general web visitor or user, or as a registered Member, YLB Supporter or YLB Sponsor.
In the event of any conflict between any one or more of these Terms and in any other document or agreement between YourLifeBox.com and you related to a specific product or service offered on or through the Web Site, these Terms shall govern.
The Web Site is offered to you conditioned solely upon your acceptance of the Terms without modification or reservation. Any and all rights not expressly granted in the Terms are expressly reserved by YourLifeBox.com. By using the Web Site, you agree to all of the terms and conditions of these Terms and you do so without modification or reservation. In addition, in consideration for becoming a Member, YLB Supporter or YLB Sponsor, you must indicate your acceptance of this Agreement during the registration process.
YourLifeBox.com may change these Terms from time to time. Any amendment shall be effective immediately upon posting on the Web Site. YourLifeBox.com may, at its discretion, but is not required to, notify Web Site users of such amendments, through a written or electronic notice to you, including and possibly limited to an e-mail to the e-mail address you provided when you registered (if applicable), or a “pop-up” window that appears on the Web Site when you log in at some future date. (Please note that you may need to disable any “pop-up blockers” or similar features in order to access certain electronic notices).
You can also determine when these Terms were most recently modified by reviewing the “last modified” date at the top of this document. Regardless of the method by which you are notified or put on notice of any modifications to these Terms, your continued use of the Web Site following such modifications constitutes an affirmative: (1) acknowledgment by you of the applicability to you of these Terms and any such modifications; and (2) agreement by you to abide and be bound by these Terms, including any modifications.
You acknowledge that you shall be solely responsible for obtaining updated information concerning changes to these Terms. You further acknowledge that the version of these Terms in effect at the time that a dispute shall arise shall control in all matters relating to such dispute.
PLEASE READ THE TERMS VERY CAREFULLY! Your use of the Web Site means you agree to all of the Terms and agree to them without modification or reservation.
GENERAL INFORMATION: The following is a general description of the features and purpose of the Web Site.
Registration: If you would like to create a YLB Profile, you will need to visit the “Sign Up” page and complete the registration process. Registration is free.
Creating a Profile: Once you are a registered Member, you can create your personal YLB Profile and broadcast it with text, video and additional social media widgets. In addition, you can ask for something non-monetary in your YLB Profile, support another Member, share who supported you and sponsor a Member or yourself. Sponsorship requires the purchase of page views, with a cost per impression system to generate more views.
Voting on YLB Profiles: Visitors to the Web Site can “vote” for individual YLB Profiles. The YLB Profiles that get more votes will appear higher in the rankings and be more visible to potential YLB Supporters. YLB Profiles that are high in the rankings are more likely to be visible in the “featured” areas, which will also increase your visibility to potential YLB Supporters.
Supporting a Member: Members and other visitors to the Web Site can support other Members at their own discretion. YourLifeBox.com merely provides a forum to bring them together. Members are not permitted to ask for money during the sign up process or in their YLB Profile. YLB Supporters are also directed not to give or offer monetary support to Members. Only non-monetary support may be requested or offered. To support a Member, you will need to register as a YLB Supporter by clicking on the “Support” button on the Member’s profile. Registration is free; whatever support you decide to offer is wholly at your discretion and your expense.
Sponsoring a Member: You can also support a Member by becoming a YLB Sponsor. YLB Sponsors purchase page views in the featured areas of the Web Site. The more page views a YLB Profile receives, the more visible that YLB Profile will be to potential YLB Supporters.
Credit Card: You must have a valid credit card in order to sign up as a YLB Sponsor. You agree that you are the credit card holder for your account, or have express permission of the cardholder to use their card as a payment method.
Noncommercial Use: The Web Site is for your personal noncommercial use only and may only be used for direct commercial purposes if they are specifically endorsed or authorized by YourLifeBox.com. YourLifeBox.com reserves the right to remove commercial content in its sole discretion.
ELECTRONIC COMMUNICATIONS: When you visit the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide accurate and up-to-date essential personal and billing information, and agree to maintain said information in your account profile or page.
LEGAL AGE: By accessing the Web Site, you represent and warrant that you are of lawful age, under the laws of the jurisdiction where you reside, to enter into a legally binding contract and to utilize the Web Site. If you are not of lawful age under the laws of the jurisdiction where you reside, you are not authorized to use our Web Site.
TRADEMARK AND COPYRIGHT PROTECTIONS: The content on the Web Site, except for User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, images, sounds, audio, music, video, interactive features, editorial messages, information, data, games, computer programs and software used to generate web pages or to provide interactive or other features on the Web Site and any other material that is provided by YourLifeBox.com or otherwise made available to users as part of the Web Site ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to YourLifeBox.com, and are protected by copyright, trademark and other intellectual property laws.
USER SUBMISSIONS: The term “User Submission” refers to any message, information, data, text, software, images or other material that you or any other user post or transmit on the Web Site. YourLifeBox.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials contained in any User Submissions that you transmit, submit, display or publish on, through or in connection with the Web Site. After posting your User Submissions on, through or in connection with the Web Site, you continue to retain any such rights that you may have in your User Submissions, subject to the limited license herein.
By submitting (or uploading) User Submission or other material or communications to or through the Web Site, including in your YLB Profile, you:
- warrant and represent that you own the copyright with respect to such User Submission or other material or communications or have received permission from the copyright owner(s) to submit or upload such User Submission or other material or communications and you waive any "moral rights" in such User Submission or other material or communications; and
- grant to YourLifeBox.com and its employees, affiliates, and assigns a royalty-free, perpetual, irrevocable, transferable right and license to use, transmit, reproduce, modify, adapt, publish, print, distribute, translate, create derivative works from, distribute, perform and display in whole or in part the User Submission or other material or communications worldwide or to incorporate them in other works in any form, media, or technology now known or later developed, without restriction or compensation.
If the license is limited or restricted in any way or manner, you, the posting party, shall have the sole obligation and responsibility to clearly and completely disclose the limitations or restrictions on use.
WEB SITE PROVIDED “AS IS”: All Content and User Submissions are provided to you “AS IS” for your information and personal use only and 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. YourLifeBox.com reserves all rights not expressly granted in and to the Web Site, the Marks and the Content.
INTELLECTUAL PROPERTY RIGHTS AND ATTRIBUTIONS: Material published on the Web Site may contain information or describe products, services, processes or technologies owned by third parties. Otherwise YourLifeBox.com is the owner of all intellectual property rights, copyrights, service marks, and trademarks in, on, and to the Web Site. Nothing in the Terms or through the use of the Web Site shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of YourLifeBox.com or any third party, except as expressly set forth and granted in the Terms.
It is strictly prohibited to delete or alter any copyright, service mark, trademark, or other proprietary notices on or from the Web Site or any Content on the Web Site. If and insofar as you are authorized by these Terms or YourLifeBox.com to copy any Content, you must retain, or reproduce on such copies, all copyright, service mark, trademark, and other proprietary notices contained on the Content and the Web Site.
The YourLifeBox.com name and logo are trademarks and/or service marks of YourLifeBox.com. All related product and service names, design marks and slogans are the trademarks or service marks of YourLifeBox.com, as are the "look" and "feel" of the Web Site (including color combinations, layout, design and all other graphical elements). All other product, service marks, and trademarks contained on the Web Site are the property of their respective owners and are used by YourLifeBox.com under licenses from their respective owners or are the property of other third parties. You are not permitted to use any marks without the prior written consent of YourLifeBox.com or the applicable third parties.
LIMITED LICENSE AND USE: By subscribing to the Web Site and contingent upon payment of any applicable fee and your compliance with these Terms, you are granted a non-exclusive, non-assignable and non-transferable license to use the Web Site, but only under the Terms. This license is not a sale of any of the respective intellectual property owner's rights. The Web Site may be used only by you and you may not rent, lease, lend, sub-license, or transfer the Web Site or any data residing on it or any of your rights under the Terms to anyone else. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content or other materials contained in the Web Site. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of the Web Site. You may not transfer to or store any data residing or exchanged using the Web Site in any electronic network for use by more than one user unless you obtain prior written permission from YourLifeBox.com. Please contact YourLifeBox.com to request permission.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of YourLifeBox.com without express written consent of YourLifeBox.com. You may not use any meta tags or any other "hidden text" utilizing YourLifeBox.com's name or trademarks without the express written consent of YourLifeBox.com. Any unauthorized use terminates the permission or license granted by YourLifeBox.com. You are granted a limited, nonexclusive right (revocable by YourLifeBox.com in its sole discretion upon notice to you) to create a hyperlink to the home page of www.YourLifeBox.com so long as the link does not portray YourLifeBox.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any YourLifeBox.com logo or other proprietary graphic or trademark as part of the link without express written permission.
USER RESPONSIBILITIES: The Web Site may be used only for lawful purposes. As one of the conditions of your use of the Web Site, you represent, warrant and agree that you shall not use (or plan, encourage or help others to use) the Web Site for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Unauthorized provision of access to any subscription services or any Content provided as part of the subscription service is a violation of YourLifeBox.com's rights and will result in termination of your account and possible legal action. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you will immediately notify YourLifeBox.com of the problem to avoid possible liability for any unauthorized charges to your account.
Any and all information posted on the Web Site by you must comply with all applicable international, national, state, and local laws, regulations, rules, and ordinances. It is your responsibility to ensure that your use of the Web Site complies with the Terms and all applicable laws and to obtain prior written permission from YourLifeBox.com for any uses that are not permitted or expressly specified in the Terms. Please contact YourLifeBox.com to request permission.
You understand that all Content or User Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person(s) from whom such Content or User Submissions originated. You, not YourLifeBox.com, are entirely responsible for all User Submissions or other material that you upload, post, email, transmit or otherwise make available using the Web Site. You understand and acknowledge that YourLifeBox.com accepts no responsibility for the opinions, representations, factual statements and any other information posted on the Web Site by others or for the accuracy or completeness of such items.
You should be aware that there is an inherent risk in transmitting any data electronically. This risk is inherent in all Internet dealings. You acknowledge that it is not possible to guarantee the security of information that is transmitted via the Internet and you further acknowledge that the security mechanisms of the Web Site have inherent limitations and you are solely responsible for determining if the use of the Web Site sufficiently meets your needs. Consequently, we cannot guarantee that any personal information posted or transmitted will be prevented from being viewed or used by any particular person and therefore, you agree to hold YourLifeBox.com harmless from and against any harm, financial or otherwise, that results from such unauthorized viewing or use. Moreover, e-mails sent to YourLifeBox.com over the Internet are susceptible to detection, decryption, eavesdropping or tampering. Thus, you agree to hold the YourLifeBox.com harmless from and against any harm, financial or otherwise, that results from such detection, decryption, eavesdropping or tampering of e-mails.
You understand and agree that the Web Site is provided for entertainment, social networking and noncommercial purposes only and is not intended to offer you any financial or investment advice of any kind. Moreover, YourLifeBox.com provides only the forum where individuals can post their respective YLB Profiles and connect with other individuals who are interested in such YLB Profiles. YourLifeBox.com does not assume, and express disclaims, any and all responsibility for screening the individual stories or confirming any of the factual representations, statements or other information contained in any YLB Profile. In addition, YourLifeBox.com is not responsible for confirming that Members or YLB Supports or Sponsors are being truthful about their identity or their motives. If you are a potential YLB Supporter or Sponsor, you are solely responsible for evaluating and assuming all risks associated with the credibility of information posted to any YLB Profiles in which you are interested, and you agree that you shall not be entitled to rely on the accuracy, completeness or usefulness of the Web Site or any information relating to any particular YLB Profile contained thereon, or any other Content or User Submissions. You agree to hold YourLifeBox.com harmless from and against any harm, physical, financial or otherwise, which you may suffer resulting from your reliance on any Content, User Submissions, or advertisements accessible via the Web Site.
WARRANTIES REGARDING CREDIT CARDS: If you register as a YLB Sponsor, you represent, warrant and covenant that (a) the credit card or other payment method ("Payment Method") provided by you is valid and you are authorized to use such Payment Method; (b) YourLifeBox.com or the Billing Service Company (defined below) is authorized and may charge such Payment Method as set forth in the payment terms provided to you in communications to you by YourLifeBox.com; (c) you will at all times comply with these Terms; and (d) all registration data and other information submitted is complete, true, accurate and up-to-date, and you will update all registration data and other information submitted as necessary to keep it current. Any fraudulent, abusive or otherwise illegal activity will be grounds for immediate termination of your account in YourLifeBox.com’s sole discretion and may be reported to appropriate law enforcement agencies. You agree to indemnify and hold YourLifeBox.com and the Billing Service harmless from any claims, losses, damages or liabilities arising out of any breach of the foregoing representations, warranties and covenants.
FEE-BASED SERVICES: Some services offered on the WebSite, such as YLB Sponsor opportunities, are fee-based services ("Fee-Based Services"). All references to the Site, and all terms and conditions applicable thereto, include reference to the Fee-Based Services. If you wish to take advantage of any Fee-Based Service available on our Web Site, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers. Any changes to fees will apply on a prospective basis. You are solely responsible for and must provide all telephone and other equipment necessary to access the Web Site and any Fee-Based Services, including without limitation Internet access software, modems and connectivity. We reserve the right to terminate any account at any time for any reason. Billing, account maintenance, account customer service, and other support functions for Fee-Based Services may be provided by a third-party billing service provider (the "Billing Service Company") and not by YourLifeBox.com. By signing up for Fee-Based Services, you agree to be bound by the terms and conditions imposed by the Billing Service Company, including its privacy policy, in addition to these Terms. The Billing Service Company will be identified on the sign-up page for Fee-Based Services. YourLifeBox.com reserves the right to change the Billing Service Company upon written notice to you.
Fees paid for any Fee-Based Service are paid in advance and are not refundable in whole or in part. You will not be entitled to a refund during service outages that are caused by our maintenance on the servers or the technology that underlies the Fee-Based Service, failure of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our control.
You agree to make payment using the selected Payment Method. You agree that the Billing Service Company has the right to correct any errors or mistakes in your billing even if it has already requested or received payment, including without limitation, billing you for any applicable taxes regardless whether such amounts were previously itemized on your bill. Your right to use the Fee-Based Service is subject to any financial limits that may be established from time to time by YourLifeBox.com, the Billing Service Company, or by your credit card issuer, financial institution or other provider of your chosen payment method (“Payment Method Provider”). If payment cannot be charged to your Payment Method or your charge is returned for any reason, including without limitation chargeback, YourLifeBox.com and/or the Billing Service Company reserve the right to either suspend or terminate your access and account without notice, thereby terminating this agreement and all obligations of YourLifeBox.com hereunder. If payment is not received via your from your Payment Method Provider, you agree to pay all amounts due on your account on demand. You agree to pay late charges that may be assessed on amounts due but not timely paid, which will be 1% per month on the total amount due but not paid, or, if less, the maximum rate permitted by law. You agree to pay collection costs for any delinquent amounts including reasonable attorneys' fees and costs.
MEMBER DISPUTES. You are solely responsible for your interactions with other Members, YLB Supporters, YLB Sponsors or any other parties with whom you interact through the Web Site. YourLifeBox.com reserves the right, but has no obligation, to become involved in any way with these disputes.
DISCLAIMER REGARDING CONDUCT: YourLifeBox.com is not responsible for the conduct, whether online or offline, of any user of the Web Site, including without limitation, any other Members, YLB Supporters, YLB Sponsors or any other parties.
SPECIFIC PROHIBITED USES: While using the Web Site, you agree that you shall not do any of the following:
- Include any requests for financial assistance in your YLB Profile or in other any communications using the Web Site or offer financial assistance to any Members of the Web Site using any communications function provided by the Web Site.
- Respond to any commercial opportunity on the Web Site for any reason other than to utilize the products or services offered.
- Post, transmit or upload any incomplete, false, or inaccurate information using any feature of the Web Site, including without limitation, your YLB Profile or any “support” or “sponsor” features or any other communications functions that may be available via the Web Site.
- Falsely impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any other person or entity in whatever form.
- Send unsolicited e-mail, telephone calls, mailings or other material to any other users or advertisers.
- Post, transmit or upload any User Submission or other material of any kind that you do not have a right to reproduce, display or transmit under any law, regulation, or rule, or under any contractual or fiduciary relationships.
- Use the Web Site's communications features in a manner that may potentially adversely affect or impair the availability of its resources to other users or advertisers (for example, continuous posting of repetitive or duplicative text).
- Post, transmit or upload any User Submission or other material of any kind that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable, harmful to minors in any way, or that may invade or infringe any rights of any third person(s) or entit(ies) in whatever form, including without limitation, rights of privacy or publicity.
- Post, transmit or upload any User Submission or other material of any kind that infringes any patent, copyright, service mark, trade secret, trademark, or other intellectual property or proprietary rights of any third person(s) or entit(ies).
- Delete, obscure or alter any attributions, legal notices or proprietary designations or labels on any User Submission or other material of any kind that you upload to any portion of the Web Site.
- Delete or revise any material posted by any other person or entity in whatever form.
- Post, transmit or upload any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, such as opinions or notices, commercial or otherwise.
- Post, transmit or upload any material of any kind that contains a virus or corrupted data.
- Use any device, software, or routine to interfere with the proper operation of the Web Site or any activity being conducted on the Web Site.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising, creating, or in any way making up a part of the Web Site.
- Violate or attempt to violate any applicable international, national, state, or local law, regulation, rule, ordinance, or treaty.
- Post, transmit or upload false or inaccurate billing, profile, contact or other information relevant to your subscription or your YLB Profile.
LINKS TO OTHER WEB SITES: The Web Site may contain hyperlinks or other connections to web sites owned and/or operated by parties other than YourLifeBox.com. You understand, acknowledge, and agree that YourLifeBox.com does not control these web sites and is not responsible, nor shall be liable (directly or indirectly) for them, including, but not limited to, their availability, their content or any viruses they may contain. The inclusion of any hyperlinks or connections to web sites operated by parties other than YourLifeBox.com does not in any way directly or indirectly imply any endorsement of the material on them or any association with their owners or operators.
ACCURACY OF MATERIAL: You understand and acknowledge that material and software published on the Web Site, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that YourLifeBox.com is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material and software on the Web Site may be changed or revised from time to time without notice.
BUSINESS PRACTICES: You understand and agree that YourLifeBox.com is not responsible or liable in any way (directly or indirectly) for any YLB Profile, any User Submissions or for any material posted by or on behalf of any advertiser or any other third party or Site user. In addition, you understand and agree that YourLifeBox.com is not responsible or liable in any way (directly or indirectly) for any advertiser's or other third party’s business practices (or any of the material posted or downloaded by any of them onto the Web Site). Nothing on the Web Site shall be directly or indirectly deemed to be an endorsement, representation, or warranty regarding any advertiser, or other third party, whether in connection to its web site, product, service, other materials or otherwise.
You understand and agree that you are solely responsible for evaluating and assuming all risks associated with the use of or reliance on any YLB Profile, Content or User Submission, or in response to any advertisement, including any reliance on the accuracy, completeness or usefulness of the YLB Profile, Content, User Submission or any advertisement. You agree to hold YourLifeBox.com harmless from any and all harm, physical, financial or otherwise, that you may suffer as a result of any action taken or not taken by you in reliance on any YLB Profile, Content, User Submission or advertisement.
WEB SECURITY RULES: Users are prohibited from directly or indirectly violating or attempting to violate the security of the Web Site, including without limitation, by:
- accessing or attempting to access data not intended for the user or logging into a server or account that you are not authorized to access,
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
- attempting to interfere with service to any user, host or network, including, without limitation, using any means, including overloading, "flooding", "mailbombing" or "crashing",
- sending unsolicited e-mail, including promotions or advertising of any products or services, or
- forging any TCP/IP packet header or any part of the header information in any e-mail sent from within or to the Web Site.
Violations of the Web Site or network security will result in the immediate suspension or termination of your access to the Web Site without refund and may result in civil or criminal liability. YourLifeBox.com may investigate occurrences that may involve violations of the use of the Web Site and may contact and/or cooperate with law enforcement authorities in prosecuting users or any other person or persons who are involved in any violations of the use of the Web Site.
INDEMNIFICATION: You agree to indemnify and hold YourLifeBox.com harmless from and against all claims, losses, damages, injuries, awards, and liability – together with the costs, expenses, and reasonable attorneys' fees in connection therewith – resulting from, arising out of, or in any way connected to your use or misuse of the Web Site, your violation of the Terms or your responsibilities, your breach or misrepresentation of any of your warranties or representations, or your violation of any rights of any person.
MONITORING: YourLifeBox.com is under no obligation to monitor the Content, the YLB Profiles, and any other User Submissions, advertisements or any other material residing on or transmitted using the Web Site. However, you grant permission to YourLifeBox.com to monitor any and all Content, YLB Profiles, User Submissions, advertisements, at any time and without further notice to you, in order to:
- comply with any applicable law, regulation, rule, or other government requests in its sole determination,
operate the Web Site or to protect you and any users and advertisers, in YourLifeBox.com's sole determination and/or
- for any other purposes as YourLifeBox.com may deem reasonably necessary or appropriate in its sole determination.
INFORMATION PRIVACY: YourLifeBox.com does not guarantee that any information posted or transmitted will be prevented from being viewed or used by any particular person. All information received through this Web Site is presumptively not personal or private. You agree that YourLifeBox.com is free to use, for any purpose, any ideas, concepts, know-how or techniques that you send it, without obligation to you of any kind.
DISCLAIMER OF WARRANTIES: YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOURLIFEBOX.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOURLIFEBOX.COM MAKES NO WARRANTY THAT (a) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (b) THE WEB SITE, THE YLB PROFILES OR OTHER USER SUBMISSIONS, THE CONTENT SPECIFICALLY AND/OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, USEFUL, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR ANY CONTENT, YLB PROFILE OR OTHER USER SUBMISSION CONTAINED THEREON WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, AND/OR SPECIFICATIONS, (e) ANY ERRORS IN THE WEB SITE, CONTENT, THE YLB PROFILES OR OTHER USER SUBMISSIONS WILL BE CORRECTED, OR (f) MATERIAL ACCESSIBLE FROM THE WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MECHANISMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOURLIFEBOX.COM OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOURLIFEBOX.COM ACCEPTS NO RESPONSIBILITY FOR THE OPINIONS, REPRESENTATIONS, FACTUAL STATEMENTS OR OTHER INFORMATION POSTED ON THE WEB SITE BY OTHERS.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST YOURLIFEBOX.COM AS THE SITE OR HOST OF, OR ANY IN OTHER CAPACITY RELATED TO THE WEB SITE FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THE WEB SITE OR FOR ANY OTHER REASON.
YOUR SOLE REMEDY FOR ANY OF THE FOREGOING IS TO STOP USING THE WEB SITE.
LIMITATIONS OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOURLIFEBOX.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOURLIFEBOX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (a) THE USE OR THE INABILITY TO USE OR ACCESS THE WEB SITE (OR ANY HYPERLINKS), ANY CONTENT OR USER SUBMISSIONS, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH ITEMS ARE ERROR-FREE, ACCURATE AND/OR CURRENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR ACCOUNT; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (e) ANY OTHER MATTER RELATING TO EITHER THE WEB SITE SPECIFICALLY OR THE INTERNET GENERALLY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY.
EXCLUSIONS FROM LIABILITY LIMITATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS OF THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. FURTHER, IF ANY EXCLUSIONS OR LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF YOURLIFEBOX.COM FOR ANY TYPE OF DAMAGES TO ANY ONE PERSON SHALL BE LIMITED TO THE LESSER OF YOUR COST OF MEMBERSHIP OR U.S. $100.00.
COMPLIANCE AND COOPERATION WITH LAW ENFORCEMENT: You understand and consent to YourLifeBox.com’s compliance and cooperation with international, national, state or local law enforcement officials or authorities relating to your use of the Web Site, Content, YLB Profiles or other User Submissions or other material provided by you using the Web Site.
You acknowledge and agree that YourLifeBox.com may preserve the Content, YLB Profiles or other User Submissions or other material provided by you and may also disclose such items 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 Terms; (c) respond to claims that any Content, YLB Profiles, other User Submissions or other materials provided by you violates the rights of third parties; or (d) protect the rights, property or personal safety of YourLifeBox.com, its users or any person.
ENTIRE AGREEMENT: The Terms represent the entire agreement between us, and our respective heirs, successors and assigns, and supersede any and all prior understandings, statements, or representations, whether electronic, oral or written, regarding the Web Site, Content, YLB Profiles, other User Submissions, and any other material on the Web Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
MODIFICATIONS OF THE TERMS: YourLifeBox.com shall have the right to modify its prices and any one or more of the Terms at any time and from time to time without prior notice. The Terms on the Web Site are the current applicable provisions that govern your use of the Web Site. By using the Web Site, you have agreed to and accepted all of the Terms in effect at the time of use.
TERMINATION: YourLifeBox.com shall have the right to terminate your use of the Web Site for any reason at any time without prior notice.
WAIVER: A waiver of any obligation or right under these Terms shall not be effective unless in writing executed by the party against whom it is being enforced, and shall not be construed as a waiver of any other obligation or right under these Terms.
ENFORCEMENT: The Terms shall be governed by the laws of Florida, regardless of any choice of law principles. You consent to the exclusive and mandatory jurisdiction and venue for any action or dispute in the local and federal courts located in or for Orange County, Florida, United States of America. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
EQUITABLE RELIEF: You acknowledge that monetary damages may not be a sufficient remedy for the breach of any of these Terms that address security or intellectual property rights (specifically, those sections entitled “Trademark and Copyright Protections,” “Limited License and Use,” “Specific Prohibited Uses,” and “Web Security Rules”). Therefore, you further acknowledge that YourLifeBox.com shall be entitled without waiving any other rights or remedies, to such injunctive or equitable relief, as may be deemed proper by a court of competent jurisdiction, in the event of your breach of any of the Terms that address security or intellectual property rights. You hereby agree that in the event of a breach or threatened breach of any of the Terms that address security or intellectual property rights by you, it will not be necessary to prove monetary damages and irreparable harm will be presumed.
PROHIBITION ON USE: The use of the Web Site is unauthorized in any jurisdiction that does not give effect to all of the Terms. YourLifeBox.com makes no claims or representations that the Web Site may be lawfully viewed or downloaded outside in any particular jurisdiction. Access to the Content on the Web Site may not be legal by certain persons or in certain states or countries. If you access the Web Site from any such state or country, you do so at your own risk and are responsible for compliance with the laws, regulations, rules and any other requirements (in whatever form) of your jurisdiction.
SEVERABILITY: These Terms are severable and shall be construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a court of competent jurisdiction.
SUCCESSORS AND ASSIGNS: You agree that your heirs, successors and assigns shall be bound by all of these Terms.
COPYRIGHT INFRINGEMENT CLAIMS. If you believe that any material posted on the Web Sites infringes any copyrights, please notify us by providing a written notice signed physically or electronically by a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. In your written notice, please identify any copyrighted work claimed to have been infringed (or, if multiple works are covered, a representative list of such works); identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; provide information reasonably sufficient to permit us to locate the material; provide information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; state that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and state that the information in the notification is accurate, and under penalty of perjury, that the you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please send the written notice to:
(if via U.S. mail)
Jonathan Bullard
2507 N. Alafaya Trail Suite 9
Orlando, FL 32826
(407) 722-4714
or
(if via electronic mail)
jbullard@yourlifebox.com
EXPORT CONTROL LAWS. Software available on the Web Site may be subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using software from this site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
RESTRICTED RIGHTS LEGEND. All of YourLifeBox.com’s products and publications are commercial in nature. The software and documentation available on this site are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (1) only as Commercial Items and (2) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.