Legal / Social Media Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ENTERING, VIEWING, ACCESSING, POSTING OR UPLOADING CONTENT TO, DOWNLOADING ITEMS FROM, BROWSING OR OTHERWISE USING THIS SITE, INCLUDING, BUT NOT LIMITED TO, ASSOCIATED MESSAGE BOARDS, BLOGS, WEBINARS, PODCASTS, VIDEOS, PHOTOS, OR OTHER MATERIALS ON THIS SITE AND/OR MOBILE APPLICATION (THE “SITE”) YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS SITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE. THIS SITE IS PROVIDED BY THE LISS GROUP OR ONE OF ITS AFFILIATES (“LISS”). BY OFFERING THIS SITE AND THE INFORMATION AND MATERIAL PROVIDED VIA THIS SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THIS SITE OR SUCH INFORMATION OR MATERIAL IN JURISDICTIONS WHERE THE PROVISION OF THIS SITE AND SUCH INFORMATION AND MATERIAL IS PROHIBITED BY LAW.
This is a public site and anything you post can be viewed by others. At LISS, it is not our practice to ask you, nor should you ever post, any personal or confidential information on this Site. For example, you should not disclose your financial information, Social Security Number, account number, passwords or PINs.
You agree that you will not engage in any activities related to this Site that are contrary to applicable law, regulation or the terms of any agreements you may have with LISS. Unauthorized use of LISS’s websites and systems or misuse of any information posted to a site is strictly prohibited.
By publishing or submitting any materials to this Site, including, but not limited to, comments, messages, viewer reviews, photos, videos or questions (“Submissions”), you automatically grant LISS and its affiliated companies a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid right and license: (a) to make, have made, use, copy, reproduce, modify, and create derivative works of your Submissions, (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell and sell, rent, lease, or lend copies of your Submissions (and derivative works thereof), and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Additionally, you consent to the use of your name, statements, photographs, videos, voice recordings and likenesses for publicity purposes, as well as any other purpose associated with this Site and agree that such grant and consent is without restrictions or additional compensation or permission of any kind.
You represent and warrant that you have not and will not take any action that interferes with the rights granted to LISS under these Terms and Conditions and that you will not post, or submit for posting, any content referencing, facilitating, containing or using, Prohibited Content. “Prohibited Content” includes, but is not limited to, content that LISS, in its sole and absolute discretion, determines, violates these Terms and Conditions or any applicable law, as well as:
That which promotes, suggests or encourages:
- Gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
- The use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography,
- nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;
- The taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
Or otherwise contains:
- Obscene, indecent, defamatory, libelous, slanderous and/or unlawful content;
- Content that infringes upon, or otherwise violates, the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights;
- Content that is deceptive or fraudulent;
- Hateful, or other discriminatory, disparaging or denigrating content, whether directed at an individual or a group, and whether based upon race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, citizenship, ancestry, marital status, veteran status or mental or physical disability or condition;
- Content that disparages, denigrates, or uses adversarial or confrontational tactics to impact a product, service, person, industry, or organization including, but not limited to, LISS, or other Site users;
- confidential information that violates any obligation of confidentiality;
- any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; or
- “Spam” advertisements or references to non-LISS offers, products, services or websites;
- Personal Information; or
- Content inconsistent with these Terms and Conditions.
In addition, you represent and warrant that any submissions do not infringe on the copyrights, trademarks, rights of privacy, publicity or other intellectual property rights of a third party. If the Submission contains any material or elements that are not owned by you, and/or which are subject to the rights of third parties, you are responsible for obtaining, prior to submitting the Submissions, any and all releases and consents necessary to permit the use and exhibition of the Submission by LISS in the manner set forth in these Terms and Conditions, including, without limitation, name, and likeness permissions from any person who appears in or is identifiable in the Submission and any person who is shown in any video or photographs. LISS reserves the right to request proof of these permissions in a form acceptable to LISS from you at any time. Failure to provide such proof may, if requested, render the Submission null and void. By submitting a Submission, you warrant and represent that any person appearing or who is identifiable in the Submission consents to the Submission and the use of the Submission as described in these Terms and Conditions. LISS is not responsible for any loss, theft, or damage of any kind to any Submissions you submit to LISS.
By submitting a Submission, you acknowledge and agree that LISS may obtain many Submissions in connection with the Site and/or other promotions by LISS and that such Submissions may be similar or identical in theme, idea, format, or other respects to other Submissions submitted in connection with this Site and/or other promotions by LISS, or to other materials developed by LISS. You waive any and all claims that any Submissions and/or other works accepted, reviewed and/or used may be similar, or that any compensation is due to you in connection with such Submissions or other uses by LISS.
LISS RESERVES THE RIGHT, BUT IS NOT OBLIGATED, TO REVIEW AND/OR TO REMOVE SUBMISSIONS AT ANY TIME AS IT DEEMS APPROPRIATE IN ITS SOLE DISCRETION AND THERE MAY BE A DELAY IN POSTING SOME SUBMISSIONS AS A RESULT. LISS DOES NOT ENDORSE OR GUARANTEE THE ACCURACY OF, AND SPECIFICALLY DISCLAIMS ALL LIABILITY FOR, ALL SUBMISSIONS, INCLUDING POSTS MADE BY EMPLOYEES OR SUPPLIERS WHO ARE NOT AUTHORIZED ADMINISTRATORS OF THIS SITE. THE SUBMISSIONS ARE NOT EDITED BY LISS NOR DO THEY NECESSARILY REPRESENT OR REFLECT THE VIEWS OR OPINIONS OF LISS.
INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS
The works of authorship contained on this Site including, but not limited to, all design, text, sound recordings, videos, logos and images, are either owned or licensed by LISS. Except as otherwise expressly stated herein, no license is granted to any of the materials on the Site and they may not be copied, modified, transmitted, displayed, republished, uploaded, performed, distributed (for compensation or otherwise), licensed to a third party, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without LISS’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of LISS’s proprietary rights to the extent we may require. Nothing in this paragraph is intended to restrict your ability to separately license or obtain appropriate approvals from the third-party owners of the materials found on this Site.
If you believe that your own copyrighted work is accessible through any website or application provided by us in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3). For more information, please review our Copyright Policy below.
LISS (“us” or “we”) respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting through any application or website offered by us any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.
- Notification of Alleged Copyright Infringement:If you believe that your own copyrighted work is accessible through any website or application provided by us in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, “The copyrighted work is my content that appears at http://www.mycontentpage.com/item1_qjofkrns123.” If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.
- Identify the URL or other specific location on the application or website provided by us that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, “The content at the following URL infringes on my copyright http://www.anothercontent.com/item2_hjdsi899.”
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner’s behalf.
- Include your name, mailing address, telephone number and email address. You may submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:
Designated Copyright Agent: LISS Legal Department, 3000 Marcus Avenue, Suite 2W1, Lake Success, New York 11042, Attn: Copyright Agent Phone: 516.417.5510 Fax: 516.417.5501 E-Mail: info[at]lissgroup.com. Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or application is copyright infringing. Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will expeditiously remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material. If we receive a Notification of Alleged Copyright Infringement that does not contain all of the information described above, but provides a way for us to contact you, we will promptly follow up with you to request that you provide any information not previously provided.
- Counter Notification: If you believe your own copyrighted material has been removed from our website or application as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
- A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent.
- Your name, address and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature. You may submit your Counter Notification to our Designated Agent by fax, mail, or E-Mail as set forth below:
Designated Copyright Agent: LISS Legal Department, 3000 Marcus Avenue, Suite 2W1, Lake Success, New York 11042, Attn: Copyright Agent Phone: 516.417.5510 Fax: 516.417.5501 E-Mail: info[at]lissgroup.com. If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
- Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we will terminate access to our website or application by users who are repeat infringers. We may also at our sole discretion limit access to our application and/or website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
“LISS,” “LISS Group,” “LISS Technologies,” and the LISS logo are trademarks of LISS. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.
THIRD PARTY SITES
Links to non-LISS sites may be provided or referenced on this Site and are provided solely as pointers to information on topics that may be useful and LISS has no control over the content on such non-LISS sites. If you choose to link to or visit a site not controlled by LISS, LISS makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does LISS warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. LISS does not guarantee the authenticity of documents on the Internet. Links to non-LISS sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.
TERMINATION AND DISRUPTION OF SERVICE
LISS MAY DISCONTINUE OR MAKE CHANGES TO THIS SITE AT ANY TIME WITHOUT PRIOR NOTICE OR LIABILITY TO YOU. Access to this Site may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- Technology issues with the social media platform provider;
- hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service;
- strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
- any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of LISS.
DISCLAIMER OF WARRANTIES
BECAUSE OF THE POSSIBILITY OF HUMAN AND TECHNICAL ERRORS AS WELL AS OTHER FACTORS, THIS SITE (INCLUDING ALL CONTENT AND MATERIALS CONTAINED ON THIS SITE) IS PROVIDED “AS IS” “AS AVAILABLE”. EXCEPT TO THE EXTENT EXPRESSLY SET FORTH HEREIN, LISS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS SITE, INCLUDING ANY EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS IT RELATES TO THE SITE IS ASSUMED BY YOU.
PLEASE NOTE THAT WE MAY NOT REGULARLY MONITOR THIS SITE AND SOME OF THE POSTS FOUND HERE MAY BE FROM EMPLOYEES OR SUPPLIERS WHO ARE NOT AUTHORIZED ADMINISTRATORS OF THIS SITE. WE DO NOT WARRANT NOR ARE WE RESPONSIBLE FOR THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. WE ARE ALSO NOT RESPONSIBLE FOR THE CONTENT OTHERS POST ON THIS SITE OR HOW OTHERS MAY USE WHAT YOU POST ON THIS SITE. FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL LISS BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THIS SITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER LISS HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
LISS and its agents are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, problems with the Site, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by you, for printing or typographical errors on the Site, or for any errors by any of the equipment or programming associated with the Site, or by any human or other errors that may occur in connection with the Site.
RELEASE AND INDEMNITY
YOU RELEASE LISS, AND ITS PARENT, AFFILIATE, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SERVICE PROVIDERS, AND ALL OTHER ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THE SITE, FROM ANY AND ALL LIABILITY WITH RESPECT TO, OR IN ANY WAY ARISING FROM, THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY SUSPENSION, MODIFICATION OR CANCELLATION OF THE SITE, TECHNICAL ISSUES, SUBMISSIONS RECEIVED OR POSTED, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES OR LOSS. FURTHERMORE, BY ENTERING, VIEWING, ACCESSING, POSTING OR UPLOADING CONTENT TO, DOWNLOADING ITEMS FROM, BROWSING OR OTHERWISE USING THIS SITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LISS, ITS AGENTS, SERVICE PROVIDERS AND THEIR RESPECTIVE PARENTS, AND ITS AND THEIR SUBSIDIARIES, AFFILIATES, SUCCESSORS, LICENSEES, AND ASSIGNS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, EQUITY HOLDERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES, LIABILITIES AND COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) WHICH ARISE OUT OF ANY BREACH OF THESE TERMS AND CONDITIONS OR YOUR SUBMISSIONS.
Rules For Sweepstakes, Contests, Raffles, Surveys And Similar Promotions
WAIVER AND ENFORCEABILITY
The failure of LISS to enforce any provision or right contained in these Terms and Conditions will not be deemed a waiver of such provision or right. In the event any of the provisions of these Terms and Conditions shall be held to be unenforceable, the remaining provisions shall remain in full force and effect and the unenforceable provisions shall be replaced by such enforceable provisions as comes closest to the intention underlying the unenforceable provisions.
GOVERNING LAW & DISPUTES
Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York, New York, U.S.A; (b) all issues and questions concerning these Terms and Conditions and this Site shall be governed by and construed in accordance with the laws of New York, U.S.A., without giving effect to any choice of law or conflict of law rules.