First, we want to thank you for visiting LiveOAR.com. We appreciate your patronage. The following Terms of Use ("The Agreement") is a legal contract between you and LiveOAR.com.
For those of you who are not attorneys, we have taken this introduction to break down the basics of our Agreement for you. This summary is not a part of the Agreement, and you must read and accept the terms of the Agreement below. Here are some highlights from the Agreement:
Please Read Carefully
The following Terms of Use ("The Agreement") govern your use of LiveOAR.com, so it is important that you read them carefully. Your use of LiveOAR.com signifies your understanding and acceptance of the terms of the Agreement. If you do not agree to the terms set forth in the Agreement you are an unauthorized user and must discontinue your use of LiveOAR.com immediately.
1.1 - Website Goal
LiveOAR.com is an unprecedented way to download and listen to the concert you just visited. It is for entertainment purposes only. Pictures and other bonus features are also available to download. It's our goal to allow you to experience O.A.R.'s music and concerts in a new and different way then most bands allow their fans to see them.
1.2 - Limited License
By your acceptance of the Agreement O.A.R. grants you a non-exclusive, revocable, non-transferable limited license to use LiveOAR.com in accordance with the terms set forth in the Agreement. This license is for personal use only, and may not be used for any commercial purpose.
1.3 - Privacy
Your privacy is important to us. We will take every step to protect any information that you provide to us. To better understand how we use the information you give us, please visit our Privacy Policy located here.
1.4 - Privacy of Others
When accessing LiveOAR.com, if you receive information about another user, you must keep the information confidential. Do not distribute another user's information to a third party.
1.5 - Copyright & Trademark
You may not copy, reproduce or distribute any of the materials you access on this site, or the site itself. LiveOAR.com, the LiveOAR.com logo, O.A.R.'s name, and all music made available through the Site are owned by O.A.R. or their associated music publishers and are protected either by copyright or trademark laws. The LiveOAR.com website is protected by applicable domestic and international copyright laws. Copyright © 2009 O.A.R.. All Rights Reserved. Violators will be prosecuted to the maximum extent allowable by law.
1.6 - Assignment
The limited license you receive by accepting the terms of this Agreement is not assignable. You cannot give your rights under the Agreement to a third-party user. The third party must accept the terms of this Agreement on their own accord if they wish to use LiveOAR.com.
1.7 - Purchases
You may elect to purchase exclusive content from LiveOAR.com. In the event that you choose to do so, you agree that any purchase you make is nonrefundable.
1.8 - Confidential Password/Username
To protect the security of your information and the website, you agree not to give your password/username to anyone. Also, if you learn of a third-party's password username you agree that you will not use it or transmit it to any other third-party. You acknowledge and agree that LiveOAR.com is not responsible for any damages that may arise from unauthorized use of your username and password.
1.9 - Notices to You
You agree that LiveOAR.com may provide notice to you by posting it on the website or emailing it to the email address listed on your account. You will be deemed "notified" 24 hours after the time it was either posted or emailed, unless we receive a notification that the email was improperly delivered.
1.10 - Communication with Us
If you have any questions, concerns, or notifications for LiveOAR.com, you may contact the administrator of LiveOAR.com at support@liveoar.com.
1.11 - Term
This agreement runs perpetually. That is, it remains in effect until terminated either by you or LiveOAR.com.
1.12 - Permitted Actions
Under the limited license, you are allowed to view and privately display the site by way of one or more computers connected to LiveOAR.com via IP networks only. You may "cache" pages solely to increase the speed and efficiency of your access to LiveOAR.com in the future.. No other copy or use of any portion of the site is permissible. Any attempt to do so would result in a copyright infringement lawsuit.
1.13 - Reservation of Rights
You may not use this site in any way other than this Agreement expressly permits. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit LiveOAR.com.
Section 2: Eligibility
2.1 - Must be 18
You must be at least 18 years of age to use this website. Due to the contractual consequences of minors accepting this Agreement, you may not use this website if you are under 18 years of age.
2.2 - Must be a US Resident
You must be a United States of America resident to use this website. Due to the contractual consequences of nonresidents accepting this agreement, you may not use this website if you are a nonresident.
2.3 - Registration
To use many of the features in LiveOAR.com, you may be required to register and provide certain personal information. Such personal information may include a user name, password, and a valid email address. You agree to keep any information provided to LiveOAR.com accurate.
2.4 - Personal Use
No business entity may use this website. You must be an actual person, and not a corporation, LLC, partnership, or sole proprietorship. This is for personal use only.
Section 3: Restricted Activities
The following list of actions is strictly prohibited; when using LiveOAR.com you shall NOT:
Section 4: Enforcement Actions
4.1 - Closing
If you violate any of the terms of this Agreement or laws in any jurisdiction, LiveOAR.com may close your account without notice and refuse to provide access to LiveOAR.com. LiveOAR.com reserves the right to terminate its relationship with you at any time.
4.2 - Legal Action
If you violate any terms of this Agreement or laws in any jurisdiction, LiveOAR.com may take legal action against you to enforce its rights. This includes filing a lawsuit for damages, which may include punitive (punishable) damages. Also, we may notify the proper authorities if we learn that you have broken any law. For instance if we learn that you have violated any Copyright .
4.3 - Action by Government or Enforcement Agency
If the government or an enforcement agency asks LiveOAR.com to disclose personal information about its users for an official investigation, we will comply. Please see our Privacy Policy located here.
Section 5: User Liability
5.1 - User Liable for Damages
You will be held liable for any and all damages that result from your breach of this Agreement. This may include, but is not limited to, any punitive damages that are allowable by law. Also, you are liable for any damages that O.A.R. or LiveOAR.com might incur as a result of your breach, including attorney's fees, court costs, and any other charges incurred. You must reimburse O.A.R. and LiveOAR.com for any charges paid out by either.
5.2 - Indemnity
You agree to indemnify, defend and hold harmless O.A.R., LiveOAR.com, and their respective agents from all liability and costs incurred in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. LiveOAR.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of LiveOAR.com.
Section 6: O.A.R. and LiveOAR.com's Liability
6.1 - Identity Theft Disclaimer
There is an inherent risk involved in transmitting any information via the Internet. Neither O.A.R. nor LiveOAR.com guarantees that its system is free from hackers or viruses. Also, O.A.R. and LiveOAR.com cannot guarantee that information provided by users will not be stolen or otherwise surreptitiously obtained. You acknowledge and understand that you bear the risk when transmitting personal information.
6.2. - Virus Disclaimer
You agree that neither O.A.R. nor LiveOAR.com is liable for any infections or contamination of your system. Also, O.A.R. and LiveOAR.com are not responsible for delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials contained on this Site. You acknowledge and understand that such risk is inherent in interacting with any website, and take full responsibility for any harm, danger or damage that ensues due to a breach in security.
6.3 - General Liability Disclaimer
Pursuant to this Agreement, O.A.R. and LiveOAR.com expressly disclaim any liability for information transmissions. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto.
6.4 - "AS IS" Notification
LiveOAR.com DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM SECURITY BREACHES OR VIRUSES. LiveOAR.com DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. NEITHER O.A.R. NOR LiveOAR.com GUARANTEES ITS SITE TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
6.5 - No Warranties
O.A.R. AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
6.6. - Not Responsible for Damages
O.A.R., LiveOAR.com, AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.7 - Liability Limited to the Greatest Extent Allowable
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF O.A.R., LiveOAR.com, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Section 7: Posting on Forums
7.1 - General
If you choose to participate in a forum, you must abide by the terms set forth in this Agreement. Additionally, you also give up certain rights to your postings. This section discusses what you are agreeing to when you decide to post to a forum.
7.2 - Posted Material Rules.
LiveOAR.com shall have the right to edit, to refuse to post, or to remove any material submitted to or posted on the Site for any reason.
7.4 - User Responsibility for Posted Material
You are solely responsible for all materials posted on the Site. You acknowledge that LiveOAR.com may not be monitoring the forums and you are not relying upon any moderation. LiveOAR.com takes violations of its customers' rights and its own rights seriously, and will report violations to appropriate authorities.
7.5 - License to Your Postings to the Site
Your Posted Material grants O.A.R. and LiveOAR.com a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material. This includes, but is not limited to: all rights in copyright to such material. You warrant that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third-party; and (b) O.A.R. or LiveOAR.com's exercise of its rights granted by you will not infringe upon any copyright or any other subsisting right of any third-party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to O.A.R. or LiveOAR.com's exercise of their rights.
7.6 - Indemnity for LiveOAR.com or O.A.R.'s Use of Posted Material
You agree to indemnify and hold O.A.R. and LiveOAR.com harmless from and against any and all for any claims arising from O.A.R.'s or LiveOAR.com's use of your posted material.
Section 8: Disputes with LiveOAR.com; Legal Contract Provisions
8.1 - Contact LiveOAR.com first
We appreciate your patronage, and want you to feel like you have had a great experience at LiveOAR.com. If you have a problem with the service LiveOAR.com provides, please feel free to contact our website administrator at support@liveoar.com. Hopefully we will be able to resolve the dispute quickly.
8.2 - Law and Forum
You agree that this Agreement is governed by Ohio law, using the law applicable to contracts made and performed solely in Ohio, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in Franklin County, Ohio in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement.
8.3 - No Waiver
LiveOAR.com or O.A.R.'s failure to act with respect to a breach by you or others does not waive their right to act with respect to subsequent or similar breaches.
8.4 - Limitations of Liability, No Warranty, Indemnification
See Section 6: Our Liability.
8.5 - Severability
If any provision of this Agreement is held invalid, unenforceable or void, the remainder shall not be affected and shall continue in full force and effect. Each provision is severable from the whole of this agreement.
8.6 - Complete Agreement (Merger Clause)
This Agreement constitutes the entire agreement between you, O.A.R., and LiveOAR.com related to this site. No prior or contemporaneous written, oral, electronic representation, or any other negotiation form a part of this agreement. This Agreement supersedes all prior written, oral, or electronic agreements between you, O.A.R., and LiveOAR.com relating to this site.
8.7 - Written Agreement
This Agreement constitutes a written, contractual agreement between you, O.A.R., and LiveOAR.com. A printed version of this Agreement, and of any electronic notice related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
8.8 - Use in Other Locations
The Site is operated in the State of Ohio, USA. No representation or warranty is made that LiveOAR.com is legal, appropriate, or available for use in other locations. Those who choose to access it from other locations do so at their own risk and are responsible for compliance with any and all local laws. No software from LiveOAR.com may be used, downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.
8.9 - Acts of God (Force Majeure)
O.A.R. and LiveOAR.com will not have any liability to you by reason of any delay or failure to perform any obligation if the delay or failure to perform is because of any act of God. (e.g. storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.)
8.11 - No Jury Trial
You understand and acknowledge that by proceeding with this Agreement by accessing the site, that you waive your right to a jury trial.
8.12 - Descriptive Headings
Any headings of the various sections within the Agreement are for convenience of reference only and do not define, limit or otherwise affect any of the terms or provisions.
8.13 - Electronic Form of Agreement
You waive any and all electronic forms defenses you may have, and the lack of an actual signing by the parties.
8.14 - Modifications of the Agreement
O.A.R. and LiveOAR.com have the right to modify this Agreement and any policies affecting the site, including without limitation the noncommercial use policy. Any modification is effective immediately upon a posting to the site, by or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of LiveOAR.com or O.A.R. in providing the site, is to cancel your subscription in accordance with the subscription help instructions and to immediately discontinue use of the site.
8.15 - Modifications of the Site
O.A.R. and LiveOAR.com has the right to modify, suspend or discontinue the site or any portion thereof at any time, including the availability of any area of the site. LiveOAR.com or O.A.R. may also impose limits on certain features and services or restrict your access to all or part of LiveOAR.com without notice or liability.
Again, thanks for visiting LiveOAR.com
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