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Terms of Use

Livethnic Terms of Use

Last Updated on October 19, 2012

The Site

You have permission to use our website and other services subject to the restrictions in these Terms of Use and you agree to accept all the Terms of Use. Your use is also subject to your own risk as you may encounter material that is inappropriate or otherwise objectionable.

You are responsible and assume all risks associated with your content provided to our website and other services. You may be liable if your content is false or violates any legal rights such as trade secrets, trademarks and copyrights.

We reserve the right to remove or modify your user content in our sole discretion without notice to you.

You agree not to use our website or other services to violate these Terms of Use, harm or harass others, or violate any laws, government rules and regulations. You also agree not to use our website and services to transmit any computer viruses or other destructive content and not to interfere with the operation of our website and services.

You represent that you have read and understood our Privacy Policy, the terms of which are incorporated herein by reference and made a part hereof, and understood that we do not control third party sites linked to our website and applications. Your use of such third party sites is at your own risk as we do not promise, guarantee or provide any warranties on the contents of the same. In this regard, you agree to indemnify and hold harmless Livethnic, and all its affiliates, website, applications and services from claims made by third parties that relates to your access or use of such website, applications or services.

Limits of Liability

Livethnic, its website, applications, services and affiliates (collectively hereafter referred to as “the entities”) make no promises, warranties or guarantees about the accuracy or reliability of its website, applications, services and affiliates or content contained therein. Subject to any rights you may have that may not be limited by law, the entities are not liable to you for any losses or damages.

The entities also make no promises, warranties or guarantees with respect to any third party, such as any user or businesses, organizations or other listings by the entities. Accordingly, the entities are not liable to you for any loss or damage that results from third party actions. In addition, any interactions by you with third parties is at your own discretion and risk.

The entities disclaim all express and implied warranties and implied warranties of merchantability and fitness for a particular purpose, including those offered by businesses and all other listings by the entities.

If you are dissatisfied with the entities, your remedy is to discontinue access and use, and any losses or damages you suffer in connection with the entities is EXPRESSLY LIMITED to the amount you paid to the entities in the 12 months prior to the action giving rise to the remedy. The entities also EXPRESSLY DISCLAIM all liability for any special, punitive or consequential damages, including loss of information and data.

Entire Agreement

The within Terms of Use and incorporated Privacy Policy contain the entire agreement between you and the entities. No oral representations apply and no reliance exists as to the same.

The failure of the entities or you to exercise any rights herein shall not be deemed a waiver of any further rights herein. The Terms of Use and incorporated Privacy Policy is not assignable or in any manner transferable except with the prior written consent of the entities. If any provisions of the Terms of Use and incorporated Privacy Policy are determined to be invalid, the remaining provisions shall continue to be in force and effect and fully enforceable.

Arbitration

By using and interacting with the entities, if you have any dispute with the entities, you agree to BINDING ARBITRATION in accordance with the rules and subject to the administration of the American Arbitration Association then in effect at the time of your dispute. You WILL NOT HAVE THE RIGHT to pursue a claim in any court of law or pursue any class action or have the right to a jury trial. Your sole right in this regard is binding arbitration. The arbitration will be conducted under the American Arbitration Association Commercial Arbitration Rules and be located in the State of New York.