TERMS OF USE

 

(Last modified on June 20, 2017)

 

Acceptance of the Terms of Use

 

Welcome to the website of LIFIE, LLC (the "Company", "we" or "us"). We have developed a service (the “Service”) that creates handcrafted movies (the “Movies”) from user’s videos and photos through the use of independent editors and store the Movies on http://LIFIE.com (the "Site").

 

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Site, including any content, functionality and services offered on or through the Site, whether as a guest or a registered user.

 

Please read these Terms of Use carefully before you start to use the Site. By using the Site or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://LIFIE.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you may not access or use the Site.

 

The Site is offered and available to users who are 13 years of age or older. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. Your profile may be deleted and your use may be terminated without warning if we believe that you are less than 13 years of age.

 

Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

Account Registration

 

To access the Service, you will need to establish an account. It is a condition of your use of the Service that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with the Site or otherwise is governed by our Privacy Policy (http://LIFIE.com/privacy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

When you register for an account, you will be asked to select a username and password. The username and password are for your individual use only, and should not be shared with any other person. You may not select a username that is already in use by someone else, or one that is offensive or otherwise in violation of these Terms of Use. You agree to keep your password confidential at all times. If you forget your password, you may request to have a new password be sent to your registered e-mail address. We reserve the right to refuse to allow a person to open an account and may limit the number of accounts per user at our discretion. If you violate these Terms of Use, your account may be subject to termination.

 

You are fully and solely responsible for unauthorized use of your account or password. We will not be liable for any losses or damages that arise due to unauthorized use of your account and you agree to indemnify us from any unauthorized use of your account or password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

User Content

 

You agree that you are responsible for any video, audio, or other material that you submit, or allow others to submit, for the purposes of creating a Movie (the “User Content”) and you will not upload, share, or distribute any material that:

 

  • Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (http://LIFIE.com/privacy).
  • Is likely to deceive any person.
  • Promotes any illegal activity, or advocates, promotes or assists any unlawful act.
  • Causes annoyance, inconvenience or needless anxiety or is likely to upset, embarrass, alarm or annoy any other person.
  • Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
  • Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Gives the impression that it emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Contains a virus, worm, Trojan horse, or any other harmful files or programs designed to damage or disrupts the functioning of any software, or to obtain unauthorized access to any data or information of a third party.
  • Infringes on any third party’s intellectual property rights or any other proprietary rights, or trade secrets.
  • Constitutes unauthorized solicitations of goods or services, advertising, or other promotional material.
  • Restricts the use of the Site, or could be used to decompile, disassemble, or reverse engineer the Site.
  • Is stolen, pirated, illegal, unauthorized, or without all necessary permits, licenses and registrations.

 

By transmitting the User Content, you are granting us a worldwide, non-exclusive, and royalty-free license to use, edit, copy, modify, display, adapt, record, and reproduce User Content in order to provide the Service. You are fully responsible for the accuracy, integrity, reliability and quality of the User Content that you choose to provide to us. By submitting User Content, you also represent and warrant that you are not infringing upon any third party’s intellectual property rights and that the User Content is in compliance with any applicable law. We use human editors and will screen User Content for any offensive content or content in violation of these Terms of Use. If we find any User Content or an account in violation of these Terms of Use, we reserve the right to delete the account or content at our sole discretion.

 

We do not endorse any materials submitted to the Site and disclaim any liability in connection with the materials. We may, at our sole discretion, remove any User Content that we believe does not comply with these Terms of Use, or is otherwise objectionable. You consent to such removal and waive any claim against us pursuant to such removal. We reserve the right to investigate any suspected violations, as well as cooperate with law enforcement officials in investigating any alleged criminal violations, including by disclosing the identity of any person believed to be in violations of these Terms of Use.

 

You agree that we may, without notice and without reimbursement, terminate your account and remove any User Content that is associated with your account if we find that you: (a) are in violation of these Terms of Use, (b) have exhibited harassing or abusive behavior, or behavior harmful to other users, third parties, or to us, (c) are a continuous infringer of intellectual property rights of third parties.

 

Upon termination of your account, your right to use the Service and your access to your account immediately ceases, and you agree that we may immediately delete your account and all files on and connected with the account. We are not liable to you or a third party for any claims or damages pursuant to the termination and other actions taken in connection with the termination.

 

Monitoring and Enforcement; Termination

 

We have the right to:

 

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

We cannot review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Copyright Infringement

 

If you believe that any User Content violates your copyright, please see our Copyright Policy (http://LIFIE.com/copyright) for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

 

Ordering and Creating a Movie

 

Whenever you wish to create a Movie, you and others you authorize must upload the necessary User Content to the Site.  You must then complete the order form set out on the Site (the “Order Form”) and pay the required fee. Once the order form has been completed and payment has been received, we will commence the creation of the Movie through one of our editors.

 

Refunds

 

If you are not fully satisfied we will correct the issue or provide a full refund.

 

Use of Movies

 

You may:

 

  • Download your Movies.
  • Give others access to your Movies on the Site.

 

You may not:

 

  • Modify any of your Movies.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from a Movie.
  • Use a Movie for any commercial purposes, unless specifically stated when placing a special order.

 

If you wish to make any use of a Movie other than that set out in this section, please address your request to: legal@LIFIE.com.

 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that a Movie will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE SITE, ITS CONTENT AND THE SERVICE IS AT YOUR OWN RISK. THE SITE AND THE MOVIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Intellectual Property Rights

 

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

You may not use our trademarks or service marks in connection with any product or service not provided by us, or in a manner that may cause confusion, dilution, or tarnish the image of the mark. You may also not remove any of our trademarks or service marks from the final video and removing such marks will constitute a breach of these Terms of Use.

 

The User Content may have intellectual property rights associated with it. When uploading User Content of which you are not the creator, you must obtain the creator or copyright holder’s permission or license to use it in a Movie. You may not upload User Content that is confidential or proprietary. We assume no liability for the uploading of copyrighted or confidential information onto the Site. You warrant that the User Content uploaded by you is created or owned by you, or that you have obtained the necessary licenses, rights, and permissions to use the content as described herein.

 

Music content also is protected under copyright laws. It is against the law to copy music without purchasing it or obtaining the rights to the music. LIFIE obtains the rights and provides royalty-free music for use in your Movie.  If you choose not to use this music, you should make sure that you upload music that you have purchased or are permitted to upload. You warrant that the image content uploaded by you is created or owned by you, or you have obtained the necessary licenses, rights, and permissions to use the content as described herein.

 

You grant us a non-exclusive, worldwide, transferable, royalty-free, fully paid-up, perpetual license to use, copy, modify, create derivative works, display, and host your Movies, image and music content for the purposes of providing the Service to you.

 

We allow you to download, post, forward, modify, or share your Movies. You agree that you will observe all applicable laws, regulations and rules of third party websites and services, as well as our Terms of Use when forwarding or posting a Movie. You may not post a Movie onto any third party website that violates these Terms of Use. You accept full liability for a Movie that you forward or post, including any third party intellectual property rights. You will fully indemnify us for any breach of terms set forth in this paragraph.

 

Prohibited Uses

 

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

 

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

 

Additionally, you agree not to:

 

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

 

Changes to the Site

 

We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

 

Information about You and Your Visits to the Site

 

All information we collect on this Site is subject to our Privacy Policy (http://LIFIE.com/privacy). By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Linking to the Site and Social Media Features

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

 

The Site may provide certain social media features that enable you to:

 

  • Link from your own or certain third-party websites to certain content on the Site.
  • Send e-mails or other communications with certain content, or links to certain content, on the Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you may not:

 

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our discretion.

 

Links from the Site

 

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. If you decide to access any of the third party websites linked from this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

 

The owner of the Site is based in the state of Georgia in the United States of America. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Limitation on Liability

 

IN NO EVENT WILL THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

 

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

 

Governing Law and Jurisdiction

 

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), must be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site must be instituted exclusively in the state and federal courts of the United States located in the Northern District of Georgia although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

 

No waiver of by the Company of any term or condition set forth in these Terms of Use may be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use does not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision must be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

 

Entire Agreement

 

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

 

Your Comments and Concerns

 

This Site is operated by:

 

LIFIE, LLC

4062 Peachtree Road, Suite A276

Atlanta, GA 30319

Attention: Jeffrey B. Williams

 

Tel: (855)543-4346

Email: hello@LIFIE.com

 

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (http://LIFIE.com/copyright) in the manner and by the means set forth therein.

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