LiveCloud Lite Profile Terms of Service
Last Updated April 4, 2011
1.0 Acceptance of Terms
Social Strata, Inc. (“Social Strata”) provides its LiveCloud registration system (formerly called the Groupee registration system) for use by authorized third party sites using its Eve Community (“Eve”) hosted community service. Your registration with and use of the limited profile (“Lite Profile”) that is created for you by Social Strata for this purpose (the “Service”) is subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://socialstrata.com/docs/LiveCloud-Lite-Profile-TOS.html.
2.0 Description of Service
Certain Eve communities have agreed to integrate user registration with the LiveCloud registration system. In doing so, all of the members of such communities register with LiveCloud and in doing so provide an email address and a password for use in accessing the Eve community. This Lite Profile is not shared with any Eve site owners or administrators.
If you have registered separately on the LiveCloud.com site, you will no longer have a Lite Profile, however; you will then have a Complete Profile and you will be subject to the TOS of the LiveCloud.com site, as well. You are under no obligation to register with LiveCloud.com.
3.0 Your Account
Your Lite Profile is comprised of an email address and password. In addition, a unique LiveCloud ID number, assigned by LiveCloud, is generated for your account. You may edit your Lite Profile at http://account.livecloud.com.
4.0 User Content and Eve Sites
All content you create on an Eve Site is subject to the terms of each Eve site owner. Your registration with LiveCloud and usage of our Lite Profile is strictly so that an Eve site may authenticate your identity. Social Strata has no involvement with the content or management of the Eve site, however. You agree to hold Social Strata harmless for any actions related to the Eve community using the Lite Profile system.
5.0 Privacy
Registration information, and other data collected about you, is subject to our corporate Privacy Policy, which is available for review online at http://www.socialstrata.com/docs/privacy_polcy.pdf. You understand that, through your usage of the Service, you consent to that policy.
6.0 Indemnity
You agree to indemnify and hold Social Strata and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your actions rendered on sites using the Service, your use of the Lite Profile, your connection to the Service, your violation of the TOS, or your violation of any rights of another person or entity.
7.0 General Practices
You acknowledge and agree that Social Strata may access, preserve, and disclose your account information, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is necessary to comply with legal process, enforce the TOS, respond to your requests for customer support, or protect rights, property, or personal safety of Service users and/or the general public.
8.0 Cancellation
If you wish to cancel your account, please contact us by email at: cancellivecloud@socialstrata.com. You must send this email from your LiveCloud email account of record and you must include your LiveCloud ID, in order for us to process your request. Cancellation requests will generally be processed within 8 weeks. There may not be any written confirmation of the cancellation. In addition, we may refuse to process such requests, at our discretion, if we cannot verify proper ownership of the account. When we cancel your account, we will remove your account profile information.
9.0 Service Modifications
Social Strata reserves the right to modify, discontinue (temporarily or permanently) the Service at any time, without notice. You agree that Social Strata shall not be liable to you or to any third party for any Service modification, suspension, or discontinuance.
10.0 Termination
You agree that Social Stata may immediately terminate your account for any reason, without notice. Termination may mean that you can no longer access the Service and that, because of this, you cannot access Eve sites that were using the Service. Causes for termination may include (but are not limited to) (a) breaches or violations of this TOS, (b) a request from you, (c) requests by government authorities, (d) extended periods of inactivity, and/or (e) engagement by you in activities deemed by Social Strata to be fraudulent, illegal, or inappropriate. You agree that all termination for cause shall be made at Social Strata’s sole discretion and that Social Strata shall not be liable to you or any third party for termination of your account.
11.0 Social Strata’s Proprietary Rights
Social Strata owns and retains all proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of Social Strata and its licensors. Except for information that is in the public domain, you may not copy, sell, or in any way distribute such proprietary information, without express written consent by Social Strata.
12.0 Disclaimer of Warranties
YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. SOCIAL STRATA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SOCIAL STRATA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER THAT THE SERVICE WILL BE UNINTERRUPTED, ALWAYS ACCESSIBLE, FREE OF HARMFUL COMPONENTS, ACCURATE OR ERROR-FREE; NOR DOES SOCIAL STRATA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED BY THE USE OF THE SERVICE AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE USE OF THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OF WRITTEN, OBTAINED BY YOU FROM SOCIAL STRATA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS MAY ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
13.0 Limitation of Liability
IN NO EVENT SHALL SOCIAL STRATA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE (OR YOUR INABILITY TO USE THE SERVICE), EVEN IF SOCIAL STRATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOCIAL STRATA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SOCIAL STRATA FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
14.0 General Information
The TOS is governed by the laws of the State of Washington. You and Social Strata agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.
The failure of Social Strata to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that your LiveCloud account is non-transferable and any rights to your LiveCloud account or contents terminate upon your death.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or TOS must be filed within one year after such claim or cause of action arose, or be forever barred.
The section titles in the TOS are for convenience and have no legal or contractual effect.