LifeBytes - Terms of Use

WEBSITE TERMS OF USE
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE VIEWING AND/OR USING THIS WEBSITE (THIS “SITE”). VIEWING AND/OR USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT VIEW/USE THIS SITE.

Ownership.This Site, its design and content and all communications and materials provided via this Site are the sole property of the editors of LifeBytes, Real Stories…(“LifeBytes”). LifeBytes reserves all rights in and to the design, content, communications and materials, of, in and/or appearing on this Site. Republication, selling, printing, downloading or copying of any portion of this Site is strictly prohibited without the prior written consent of LifeBytes. Notwithstanding, reasonable printing of portions of this Site for personal, noncommercial use is permitted.

LifeBytes reserves the right to revise or remove any part of the Terms in their sole discretion at any time and without prior notice to You by updating this posting. Therefore, You should visit this page periodically for changes. This Site is continually under development and changes in this Site may be made at any time. Any changes are effective upon posting to this Site. If You disagree with the Terms, your sole remedy is to discontinue your viewing/use of this Site. Your continued viewing/use after a change has been posted constitutes your acceptance of those changes.

Disclaimer. THIS SITE, AND ITS CONTENT, ARE PROVIDED “AS IS,” ON AN “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, NON-OMISSIONS OR COMPLETENESS. LIFEBYTES HEREBY DISCLAIMS, AND SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, RELATING IN ANY WAY TO THE SITE, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING OUT OF OR RELATED TO ELECTRONIC ACCESS TO THE SITE OR THE TRANSMISSION OF DATA OR VIRUSES. LIFEBYTES HEREBY DISCLAIMS, AND SHALL NOT HAVE LIABILITY OF ANY KIND IN CONNECTION WITH ANY ACTIONS OR OMISSIONS BY YOU BASED UPON ANY OF THIS SITE’S CONTENT. LIFEBYTES DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. LIFEBYTES FURTHER DISCLAIMS AND SHALL NOT HAVE LIABILITY FOR DAMAGES OF ANY KIND RESULTING FROM YOUR VIEWING, USE OR RELIANCE UPON CONTENT/INFORMATION INCLUDED IN OR ACCESSED OR PROVIDED VIA THIS SITE. LifeBytes attempts to provide current and accurate information on this Site but cannot guarantee accuracy or timeliness of materials or information on or accessed through the Site.

Links. LifeBytes, as a courtesy, and for convenience only, may include on this Site, links to other websites. LifeBytes does not monitor, endorse or support such other Sites, nor entities, organizations, products, policies, services or information referenced or contained on such linked websites. LifeBytes makes no representations or warranties concerning websites accessed via such links and shall in no way be liable for your use of such links.

Prohibited Activities. In using this Site, You must not:

send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind;

misrepresent your identity or affiliation in any way;

violate any applicable laws or regulations;

take any action which threatens the integrity of this Site and/or its availability to other users;

reproduce, republish, copy, sell or otherwise exploit for commercial use any portion of this Site or any information accessed via this Site; or

assist or permit any persons in engaging in any of the activities described above.

Site Security. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against You. LifeBytes will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

User-Submitted Information. You must exercise caution, good sense and sound judgment in using this Site. You are responsible for any material You transmit to or through the site or to LifeBytes through email. You agree, represent and warrant that any information You transmit to or through the Site or to LifeBytes through email is truthful, accurate, not misleading and offered in good faith, and that You own or have the right to transmit such information. Certain information submitted by You, or otherwise collected from You, is subject to LifeBytes’ Privacy Policy, available on this Site and incorporated fully herein by this reference.

Submissions. By submitting content to LifeBytes, which may include your name, photos, text, or otherwise, You grant LifeByes the right to print, copy, review and categorize such content. If LifeBytes desires to utilize your content beyond such grant of rights, You will be notified via email, telephone or regular mail of such desire and a formal agreement including a release from You will be requested. (For information only, please see the Site’s Submission Guidelines page.)

Copyright. The design, images, text, content and overall layout contained in and on this Site (“Content”) are protected under U.S. and international law as copyrighted materials, whether registered or unregistered. Anyone who publishes, displays, distributes, reproduces copies or creates derivative works from Content without the prior written permission of LifeBytes is in violation of copyright laws and is liable for copyright infringement to the greatest extent of the law. Prior written permission for all uses of Content, including linking to any page of this Site except the “home page” (http://lifebytesbook.com) must be obtained from LifeBytes. Requests for such authorization should be submitted via an email to webmaster@lifebytesbook.com.

Trademarks. All trademarks, service marks, logos and trade names (“Marks”) displayed on this Site, whether registered or unregistered, including, but not limited to, “LifeBytes” and “LifeBytes, Real Stories…” are the exclusive property of LifeBytes (or other persons where so indicated), and are protected under U.S. and international trademark law. Use of any of these Marks without prior written permission of LifeBytes or the appropriate owner is strictly prohibited.

Third-Party Content. This website may contain content supplied by parties other than LifeBytes. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information provided by users, are those of the respective author(s) or distributor(s) and not of LifeBytes. Neither LifeBytes nor any third-party provider of information guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose.

Jurisdiction. These Terms, as well as the entire Site and all information accessed via the Site, is governed by and subject to the laws of the State of New York, without giving effect to the conflicts of laws principals thereof. LifeBytes makes no representation that materials in the Site are appropriate or available for use in other locations. If You view/access the Site from other locations, You do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable to this Site. Access to this Site from jurisdictions where the contents of the Site are illegal or penalized is prohibited. The courts of the State of New York shall have sole and exclusive jurisdiction over any dispute related to these Terms and, by viewing and/or using this Site, You expressly agree to the personal jurisdiction of such courts and waive any objection You now or may in the future have to such jurisdiction or to venue in the State of New York. In the sole discretion and election of LifeBytes, any claim or dispute relating to or arising from these Terms may be submitted to arbitration pursuant to the rules of the American Arbitration Association, in which case arbitration shall be conducted in the County of Westchester, State of New York.

Monitoring. LifeBytes shall have the right, but not the obligation, to monitor the content of this Site to determine compliance with these Terms and any other operating rules established by LifeBytes. LifeBytes shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on this website. Without limiting the foregoing, LifeBytes shall have the right to remove any material that LifeBytes, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale. Notwithstanding this right of LifeBytes, You shall remain solely responsible for the content of your messages, postings, e-mail and submissions. You acknowledge and agree that neither LifeBytes, nor any third party content provider, shall assume or have any liability for any action or inaction by LifeBytes or any third party content provider with respect to any conduct, communication or posting on this website.

Termination. LifeBytes may terminate your use of this Site and any of our other services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, You must destroy all materials obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitations of liability, indemnity, jurisdiction and dispute resolution shall survive any such termination.

Limitation of Liability.

(a)The disclaimers of liability contained in these Terms apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, use of records or Content, whether from breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that LifeBytes is not liable for the defamatory, offensive or illegal conduct of third parties, including other users and that the risk of injury from the foregoing rests entirely with each user.

(b)In no event will LifeBytes or any person or entity involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use this Site or the materials on it or out of the breach of any warranty, even if LifeBytes or an authorized representative has been advised of the possibility of such damages.

(c)LifeBytes neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on this Site, nor for any offensive, defamatory, or obscene posting made on the Site by anyone. Under no circumstances will LifeBytes be liable for any loss or damage caused by your reliance on information obtained through the content and/or any postings on this website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through and from this website.

Indemnity. You agree to indemnify, defend and hold harmless LifeBytes, their representatives, agents, affiliates and employees from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; and/or (ii) your activities in connection with this Site.

Other. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between LifeBytes and You relating to the subject matter herein and supercedes any prior understanding or agreement whether written or oral. These Terms may not be modified except in a writing executed by all parties. Failure of LifeBytes to exercise and enforce any right or provision of these Terms or to delay in so exercising or enforcing will not constitute a waiver of such right or provision. You agree that your rights and obligations under this agreement may not be assigned by You to any third party.

If You have any questions regarding these Terms, please submit your questions via an email to webmaster@lifebytesbook.com, or via a letter to LifeBytes, P.O. Box 253, Emerson, New Jersey 07603. All comments and questions will be considered, however LifeBytes cannot guarantee a response. No such submission will serve to alter these Terms or create any additional obligation on the part of LifeBytes.