Website Terms of Use Agreement
Use of LiveBroadcast.TV (the "Website") is subject to the following terms of use:
1. Website Ownership
The Website is owned by WebEmpire, LLC and GoMobile Broadband, LLC ("WE&GM"). All materials distributed in the Website (the "Materials") are either owned by or licensed to WE&GM. WE&GM and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of WE&GM. Materials must not be used in any unauthorized manner.
Associated Press ("AP") text, photo, graphic, audio and/or video material (collectively, the "AP Materials") shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to any Website user or to any third party or to any other person who may receive information in the AP Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby. Corporate, governmental and institutional Users may use portions of the AP Materials for internal printed communications and memoranda.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), WE&GM has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website (the "Designated Agent"). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Service Provider: WebEmpire, LLC and GoMobile Broadband, LLC
Name of Agent Designated to Receive Notification of Claimed Infringement: Jim Chadderdon
Full Address of Designated
Agent to Which Notification Should Be Sent: The
Telephone Number of Designated Agent: (719) 444-0422
Facsimile Number of Designated Agent: (719) 444-0407
E-mail Address of Designated Agent: jchadderdon@qwest.net
2. Message Features
Participation. The Website may offer opportunities for you to transmit messages in connection with various features including vanity email, auctions and message boards ("Message Features"). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; (ix) contains material irrelevant to the subject matter of the Message Feature; or (x) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.
In order to participate in any Message Feature, you may be asked to register by providing certain personal information such as your name and/or email address. (The Website's Privacy Policy explains how such information may be collected and used.) You may also be asked select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(x) above, or any other operating term set forth by WE&GM.
License. By transmitting any Message or Screen Name, you are granting WE&GM a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.
Message and Screen Name Review. WE&GM and its vendors act as a passive conduit in connection with your use of Message Features. WE&GM and its vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by WE&GM or its vendors.
You acknowledge that Messages and Screen Names are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and WE&GM and its vendors other than as expressly set forth in this Agreement.
3. WE&GM may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. WE&GM may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
4. Terms of
Sales from the Official Store ("Store"), Auction Feature ("Auctions"), and Online Ticketing Feature ("Ticketing Feature"), and sales of Subscription Content Services (the "Services") are subject to the following terms and conditions:
The Store in the Website allows you to order products supplied by independent merchandise vendors (the "Vendors"). Auctions allow you to purchase merchandise through an auction process (products purchased via the Store and Auctions collectively referred to as the "Merchandise"). The Ticketing Feature allows you to order tickets for various shows provided by WE&GM or their partners, customers or vendors (partner).
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. WE&GM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORE, AUCTIONS, THE TICKETING FEATURE OR THE SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES, MERCHANDISE OR TICKETS. WE&GM reserves the right to modify the price of any Merchandise or Services. WE&GM is not responsible for any error in copy or images relating to Merchandise, Services or tickets. Any auction may be discontinued at any time in WE&GM's sole discretion.
With respect to Merchandise offered and/or sold via the Store, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our Store or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Gift Certificates. Within the Store, there may be an opportunity for you to purchase and/or redeem gift certificates (each, a "Gift Certificate). Gift Certificates are redeemable solely for purchases in the Store. All Gift Certificates are denominated in U.S. Dollars. Gift Certificates are valid until redeemed or abandoned. WE&GM is not responsible for lost or stolen Gift Certificates. The value of a Gift Certificate that is lost, stolen, destroyed, altered or used without your permission will not be replaced or refunded. WE&GM will not honor Gift Certificates obtained by fraud or theft. Gift Certificates are not redeemable for cash. If the value of your Gift Certificate is greater than the amount of your total purchase, you will be able to use the remaining Gift Certificate balance for future purchases, subject to these terms of use. If the value of your Gift Certificate is less than the amount of your total Store purchase, you must use a credit card in order to complete your purchase.
Purchasing; Price; Payment. In order to purchase Merchandise, the Services or tickets on the Website, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Website's Privacy Policy explains how such information may be collected and used.) Your ability to purchase Merchandise and Services is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. WE&GM may bill your credit card at the time the Services, Merchandise or tickets is ordered or shipped, and the appropriate partner or our ticketing vendor may bill your credit card at the time your tickets are ordered or shipped. Any special order or customized/personalized products will be billed immediately after the order is received. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. WE&GM may in its sole discretion decline service to or terminate any account. Neither WE&GM, its Vendor nor any WE&GM Entity is responsible for and must not be held liable for any breaches in transaction security by any third party.
The Services, depending on which you subscribe to, may allow you to, among other things: watch certain live and/or historic telecasts and/or video clips and/or video clip compilations; listen to certain live and/or historic radio broadcasts; and/or receive related textual content. The Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
The Services are subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
Except as otherwise provided in
these terms or in WE&GM’s offers for Services, your subscription to
Services is provided on a monthly basis and will continue until you cancel it.
You may cancel it by calling WE&GM Customer Service toll free in the
Programming, pricing, terms and conditions of Services are subject to availability and change.
Subscription activation for Services, and subsequent ability to access Services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by WE&GM (e.g., your IP address). Scheduled video broadcasts may be cancelled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber. Blackout restrictions apply to Services which allow you to watch video of live games.
5. Votes; Contests; Sweepstakes
The Website may offer you opportunities to vote in connection with certain events including contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on the Website applicable to the event as well as the terms of this Agreement.
6. Linking
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other Web sites maintained by third parties, do not constitute an endorsement by WE&GM or any of its affiliates of any third party Web site or content. WE&GM is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster..
7. Disclaimer of Warranties
A. USE OF THE WEBSITE, THE SERVICES, TICKETS, AND MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL MERCHANDISE, TICKETS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. WE&GM DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE MERCHANDISE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE MERCHANDISE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.
8. Limitations on Liability
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET
B. IN NO EVENT SHALL WE&GM BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR MERCHANDISE.
C. IN NO EVENT SHALL WE&GM, ITS VENDORS OR ANY OTHER WE&GM ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, MERCHANDISE, TICKETS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE&GM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF WE&GM IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF WE&GM, ITS VENDORS AND ANY WE&GM ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE OR THE SERVICES IS $50.
D. IN NO EVENT SHALL WE&GM OR ANY OTHER WE&GM ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
9. Indemnification
You hereby agree to indemnify and hold WE&GM, and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives (collectively, the "WE&GM Entities") harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the Services, Merchandise and/or tickets purchased via the Website; or (B) any alleged breach of this Agreement by you.
10. Termination
WE&GM may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. WE&GM may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in WE&GM's exclusive discretion, without prejudice to any legal or equitable remedies available to WE&GM, for any reason or purpose, including, but not limited to, conduct that WE&GM believes violates these Terms of Use or other policies or guidelines posted on the Website or conduct which WE&GM believes is harmful to other customers, to the WE&GM’s business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by WE&GM in its sole discretion. In addition and without prejudice to any other remedy available to WE&GM, WE&GM may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by WE&GM.
11. Choice of Law; Jurisdiction; Attorneys' Fees
This Agreement will be governed
by the laws of the State of
12. Miscellaneous
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. WE&GM in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
13. Acceptance of Terms of Use
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. WE&GM may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.
LAST UPDATED: October 8, 2006