Updated April 30, 2014
By clicking that you accept these Terms and Conditions of Use of MaryanneLive.com, you agree to a legally binding Agreement ("Agreement") between you (“User,” or “You”) and SHOMI, LLC (“SHOMI,” "Company," "MaryanneLive," "we," or "us"). SHOMI, LLC owns and operates the MaryanneLive.com Website ("Site"), and other products and services offered on or through the Site (collectively, the "Services"). You acknowledge that you have legal authority to enter into this Agreement and in the event of a purchase, you acknowledge that you are authorized to make such payment. "User" includes all visitors to the Site, and those registered with the Site.
Usage in the United States. This Site and our Services are directed at United States’ Users. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
You agree not to provide any false information on the Site or to create an Account for anyone other than yourself, and that you areaccessing our Site for legal purposes as outlined herein. Your Account is personal to you, which means that you are not authorized to transfer your Account membership. It is your responsibility to keep your Account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this obligation. You agree to notify us immediately if there is any unauthorized use of your Account. You agree to keep your contact, Account information and profile information updated and accurate. You can manage your personal settings within the “My Account”. Once registered, you will have access to these sections of the Site that allow you to update your personal information.
If you have signed up to receive a newsletter, the newsletter will be sent to the email on file. If your Account has been terminated for any reason, you may not re-register as a member without our prior written consent, which may or may not be granted, at our sole discretion. If you experience a problem accessing your Account, please contact us at email@example.com..
Limited License To Access and View Content. Upon registration and acceptance of our Terms, We grant you a limited revocable license to make personal use of our Site and Services in accordance with this Agreement as outlined herein. Note that we do not endorse any opinion of third parties submitted through the Site. You, the user, bear sole and exclusive responsibility for use of the Site and Services, and all information accessed, viewed, and purchased.
Intellectual Property and Copyright Notice. Our Site is controlled and operated by SHOMI. Our software, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, photos, video files, code, logos, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, patents or other proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners. You agree that the Site and Service's Intellectual Property may not be used without the express written permission of SHOMI. You shall not (i) remove or obscure any intellectual property notices; (ii) copy, resell, redistribute, retransmit, republish, license, transfer, or copy any Intellectual Property for any purpose (iii) re-engineer, modify, or create any derivative work of any Intellectual Property; (iv) hold yourself out as the owner or creator of any Intellectual Property on the Site and Services unless you are the owner or licensee of such (including but not limited to text, videos, and photos). You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site, Services, or users, is likely to cause consumer confusion, or is in violation of this Agreement. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. If you have any questions or concerns about the Intellectual Property, including copyrights, patents and trademarks, on our Site, please email us at firstname.lastname@example.org.We reserve all rights other than those expressly granted herein.
Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. You agree that you will not use the Site or Services to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of any kind, unless expressly authorized to do so by us. You shall not submit or transmit any material that (i) violates or infringes in any way upon the rights of others, including but not limited to, any intellectual property rights: (ii) is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, immoral, sexually explicit, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains or implies false, inaccurate or misleading information, or likely or factually result in harm, or injury to person, animal, or property. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site or Services or other sites and services. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability. If your Account has been terminated for any reason, you may not re-register as a member without our prior written consent.
Products Featured For Purchase. MaryanneLive allows approved authors and others (“Seller”) to upload and publish through MaryanneLive.com materials, books and programs for sale (“Products”). By submitting Products to be advertised and sold on the Site, Seller grants us the royalty-free worldwide right to publish, advertise, distribute and sell such Products on out Site and Services. Seller also grants us a perpetual royalty-free worldwide license to display, use, reproduce, translate, transmit, distribute and publish your information, Products, your name and likeness, to promote and advertise our Site for marketing, publicity, and promotional purposes, online and offline, with appropriate copyright notices given where applicable. Seller warrants and represents that you own or otherwise control all of the legal rights to the Products, as described herein including without limitation, all the rights necessary for you to provide, share, post, upload, transmit, input, submit, advertise and sell such Products. We do not claim ownership of your Products, advertising materials, information, logos, and intellectual property owned by you and submitted for purposes of advertising and selling your Products on MaryanneLive.com. Unless you are an approved Seller, and limited to our Agreement, our Site and Services are not intended, and shall not be used, to promote products or services not previously approved by us.
Sellers. Sellers are approved offline through personal contact and interviews with an authorized representative of MaryanneLive.com. Once approved, Sellers are able to feature their Products for sale on the Site and Services. Sellers acknowledge and agree that each purchase of a Product shall include an administrative fee collected by MaryanneLive equal to 5% (Five Percent) of the cost of the Product for Sale. That fee will be deducted from the final sales price during the check out process. Each Seller agrees to include refund information with the Product shipment. Seller understands that MaryanneLive.com provides advertising services but does not provide fulfillment services. It is your sole responsibility as a Seller to manage the shipment and any refunds. To learn more about how to become a Seller, please email email@example.com.
Purchases and Refunds. As part of the purchase transaction, a purchaser (“Purchaser”) will be asked to disclose your information directly to a third party to fulfill your order or to facilitate the processing of your purchase transaction. Any requests for refunds must be made directly to the Seller of the Product. MaryanneLive.com does not provide the fulfillment services for orders or refunds. It will be in the Seller’s sole discretion whether a refund will be granted so please refer to their refund policy.
Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, or indefinitely terminate your membership and refuse to provide our Site and Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss, injury or legal liability for you, our users, or Company, and its officers, directors, employees, agents, distributors, affiliates and third party suppliers. We can also terminate this Agreement at any time, with or without cause.
Mobile Access. Our Site is accessible for viewing on mobile devices. We don't charge for viewing our Site, however your wireless carrier's normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier's policy. Under no circumstances will we be responsible for any wireless usage charges incurred by a user.
Copyright Infringement. We will investigate notices of copyright infringement and take appropriate actions under applicable local law including in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be submitted to our DMCA Agent at firstname.lastname@example.org.
To be effective, the notification must include the following:
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to large civil penalties and damages incurred by us, any copyright owner, or any copyright owner's licensee. You may also be subject to criminal prosecution for perjury. Please also note that the information provided in the above legal notice may be forwarded to the person who provided the allegedly infringing Submissions and we may choose to publish Claimant information in place of disabled Submissions. If you believe that someone has copied your work, either in part or whole, please follow our procedures.
Counter Notice Under the DMCA. When we receive a notification of alleged copyright infringement, we remove the Submission that is the subject of the notification. If you believe your Submission was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages. If the original claim of alleged infringement was submitted under Section 512(c) of the Digital Millennium Copyright Act, you must use the DMCA counter-notification. The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. You must send the Counter Notice to our designated agent for receiving notices of infringement at email@example.com.
A counter-notification must include the following specific elements:
Process: What happens next? After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our Site. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, INCLUDING THE PRODUCTS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHOMI, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SELLERS, AND THIRD PARTY PROVIDERS FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEYS’ FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE, PRODUCTS OR ANY SERVICES PROVIDED BY SHOMI. THE ENTIRE LIABILITY OF SHOMI, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SELLERS AND THIRD PARTY PROVIDERS, AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SHOMI reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with SHOMI in the defense of any such claim, action, settlement or compromise negotiations, as requested by SHOMI.
GENERAL RELEASE. IT IS THE USER’S SOLE RESPONSIBILITY TO USE GOOD, SOUND JUDGMENT WHEN USING OUR SITE, SERVICES, AND PRODUCTS. YOU, NOT MARYANNLIVE, BEAR FULL AND SOLE RESPONSIBILITY.
Minors and COPPA. Our Site is directed at those who are 18 or older. If you are under 18 years of age, you cannot register with our Site or make purchases. We do not knowingly collect or maintain Personal Information from individuals who are under 13 years of age, and no part of our Site or Services are designed to attract people under the age of 13.
Assignment and Succession. Notwithstanding any other provision of these Terms, Company, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice. You may not assign or transfer your rights and responsibilities under this Agreement. This Agreement is personal to you, the Account holder.
No Partnership or Agency. Nothing contained herein shall create a partnership, agency, or joint venture between Company and you.
Press Releases. The Site contains information and press releases that may be updated from time to time. Information about other companies contained in press releases does not represent an affiliation or endorsement by us as to the validity of the information provided in such press releases regarding such companies. Nothing herein gives a user or other third party the right to make a public announcement or issue a press release without our prior written consent.
Notice. Unless otherwise indicated, please send an emailto MaryanneLive, firstname.lastname@example.org. Legal notices to users shall be directed to the Account email address on file. Please be sure to keep your email address updated through the “My Account” section.
No Commercial Use. You understand and agree that unless you are a pre-approved Seller, you are not to use the Site or Services for commercial purposes of any sort, without previous written approval by us. If you are the owner of a good or service and would like to highlight your good or service, or if you have questions about advertising on our Site, please email us at email@example.com
Compliance With ADA. It is our goal to comply with the ADA, making access to our Services available to as many people as possible. If you have any suggestions to make access to our Site easier, please contact us, as we continue to improve our Services and products.
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