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Terms of Use

Eligibility and Assent to Terms

 

Welcome to Liquid AV! The following Terms of Use for the Liquidav.net website and related services, applications, domains and networks offered by Liquid AV, LLC (“Liquid AV”) is a legal contract between you, either an individual of at least 18 years of age or a single entity (“You” or, collectively, “Users”), and Liquid AV regarding your use of the Liquid AV website.

YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS OF USE”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE LIQUID AV WEBSITE.

Modification

At its sole discretion, Liquid AV reserves the right, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Liquid AV website after the posting of changes constitutes your binding acceptance of such changes.

Digital Millennium Copyright Act

It is Liquid AV's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.

Permission to Use Liquid AV's Website

Subject to your compliance with the terms and conditions set out in this Terms of Use, Liquid AV hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Liquid AV website to (i) to view, use, and access any other content from the Liquid AV website; (ii) to participate in any other programs, services, or features of the Liquid AV website now or hereafter made available by Liquid AV. Use of the Liquid AV website is for personal, non-commercial use only, (ii) commercial entities may use, or license their use of the Liquid AV website to third parties, provided that such commercial entity participates in the symbiotic nature of the Liquid AV website by contributing its own User Submissions from time to time; and (iii) Users may participate in any programs now or hereafter provided by Liquid AV to permit the sale of copies, licensing or advertising opportunities for Commercial Content in accordance with Liquid AV's applicable Guidelines for such programs as communicated from time to time. As used herein, the term "Commercial Content" means any User Submissions or other content made available by Users or third-party content providers for a user fee or for other financial remuneration. You agree not to use or launch any automated system, including without limitation "robots," "spiders," and "offline readers," that accesses the Liquid AV website in a manner that sends more request messages to the Liquid AV website in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or otherwise use the Liquid AV website to collect or harvest any personally identifiable information or any data regarding activities on or usage of the Liquid AV website. Liquid AV reserves all rights not expressly granted in this Terms of Use. You acknowledge that Liquid AV may automatically issue upgraded versions of the software and systems comprising the Liquid AV website and, accordingly, may upgrade the version of the Liquid AV Terms of Use that you are using. Liquid AV reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Liquid AV website, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT:

(i) use the Liquid AV website in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions or other content;

(iii) hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the Liquid AV website, features that prevent or restrict use or copying of any content accessible through the Liquid AV website, or intentionally interfere with or damage operation of the Liquid AV website, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

(iii) impersonate any person or entity, falsely claim an affiliation with any person or entity, , misrepresent the source, identity, or content of information transmitted via the Liquid AV website, or perform any other similar fraudulent activity;

(iv) modify, adapt, translate or create derivative works based upon the Liquid AV website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(v) remove, obscure, block, hide or otherwise alter the display of any Liquid AV brand elements, including logos, trademarks, service marks or other Materials displayed by Liquid AV in connection with the Liquid AV website in any manner whatsoever, regardless of your use of the embedding functionality of the Liquid AV website to display authorized content on your or other third party sites.

Third-Party Sites

The Liquid AV website may include links or references to other web sites or services solely as a convenience to Users (“Linked Sites”). Liquid AV does not endorse any such Linked Sites or the information, materials, products, or services contained on or accessible through Linked Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Liquid AV website are solely between you and such advertiser. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.

Termination; Violations.

You agree that Liquid AV, in its sole discretion, and without penalty, may terminate or suspend your use of, the Liquid AV website for any reason at any time. Liquid AV may also in its sole discretion and at any time discontinue providing access to the Liquid AV website, or any part thereof, with or without notice. You agree that any termination of your access to the Liquid AV website may be effected without prior notice, and you agree that Liquid AV will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Liquid AV may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Liquid AV website, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with (i) the Liquid AV website, (ii) any term of this Terms of Use, (iii) any policy or practice of Liquid AV in operating the Liquid AV website, or (iv) any content or information transmitted through the Liquid AV website, is to terminate the use of this website. You may terminate this Terms of Use at any time by discontinuing use of any and all parts of the Liquid AV Terms of Use.

Privacy

Your privacy is important to Liquid AV. Liquid AV's Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this Privacy Policy carefully for information relating to Liquid AV's collection, use, and disclosure of your personal information.

Ownership; Proprietary Rights.

The Liquid AV website is owned and operated by Liquid AV. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Liquid AV website provided by Liquid AV (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submissions that are provided and owned by Users, all Materials contained on the Liquid AV website are the property of Liquid AV or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Liquid AV or its affiliates and/or third-party licensors. Except as expressly authorized by Liquid AV, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Liquid AV reserves all rights not expressly granted in this Terms of Use.

Indemnification

You agree to indemnify Liquid AV, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Liquid AV website, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. Liquid AV reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Liquid AV, and you agree to cooperate with Liquid AV's defense of these claims. Upon notice of any impending claim, action or proceeding, Liquid AV will use reasonable efforts to notify of any indemnification obligation.

Disclaimer of Warranties

LIQUID AV, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIQUID AV OR THROUGH THE LIQUID AV WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES LIQUID AV'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE LIQUID AV WEBSITE IS AT YOUR SOLE RISK. THE LIQUID AV WEBSITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER SUBMISSIONS, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LIQUID AV WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. LIQUID AV, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER SUBMISSIONS, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE LIQUID AV WEBSITE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. LIQUID AV, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LIQUID AV WEBSITE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE LIQUID AV WEBSITE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

Limitation of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL LIQUID AV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE THE LIQUID AV WEBSITE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH LIQUID AV OR OTHER LIQUID AV SERVICE USERS, EVEN IF LIQUID AV OR AN LIQUID AV AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LIQUID AV'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL LIQUID AV OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE LIQUID AV WEBSITE OR YOUR INTERACTIONS WITH LIQUID AV OR OTHER LIQUID AV SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE LIQUID AV WEBSITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN LIQUID AV AND RECEIVED THROUGH OR ADVERTISED ON THE LIQUID AV WEBSITE OR RECEIVED THROUGH ANY LINKED SITES.

YOU ACKNOWLEDGE AND AGREE THAT LIQUID AV HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LIQUID AV, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LIQUID AV. LIQUID AV WOULD NOT BE ABLE TO PROVIDE THE LIQUID AV WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

YOU AND LIQUID AV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LIQUID AV WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Contacting Us

If you have any questions about this Terms of Use, the practices of this site, or your dealings with this website, you can contact us.