(Last modified on June 20, 2017)
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 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.
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.
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.
- 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.
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.
- 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.
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.
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.
If you are not fully satisfied we will correct the issue or provide a full refund.
Use of Movies
- 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.
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.
- 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 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
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.
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.
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.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This Site is operated by:
4062 Peachtree Road, Suite A276
Atlanta, GA 30319
Attention: Jeffrey B. Williams
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.