Legal
Revised: November 1, 2009
PLEASE READ THESE LIVE SOCIAL (LIVE SOCIAL LIMITED, SWAGPAK, BLAST, PULSE) TERMS OF USE (“Terms of Use”) CAREFULLY. LIVE SOCIAL PROVIDES A SOFTWARE SERVICE (“The Service”) THAT HELPS SOFTWARE DEVELOPERS, SOFTWARE PUBLISHERS, DIGITAL MARKETING AGENCIES (“Sponsors”) PROMOTE THEIR COMPETITIONS (contests, sweepstakes) ON THE WORLD WIDE WEB.
COMPETITIONS MAY INVOLVE AN ONLINE FORM OF ENTRY BY WHICH ENTRANTS (‘Entrants’) CAN SUBMIT ENTRIES. BY USING THIS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SERVICE.
SUPPLEMENTAL RULES, TERMS & CONDITIONS APPLY BOTH GENERALLY AND SPECIFICALLY FOR EACH COMPETITION. BY ENTERING A COMPETITION, YOU AGREE TO BOTH THE GENERAL RULES, TERMS & CONDITIONS AND SPECIFIC RULES, TERMS & CONDITIONS
THESE RULES, TERMS & CONDITIONS WHICH ARE POSTED ON THE LIVESOCIAL.LY AND SWAGPAK.COM SITE MAY CHANGE FROM TIME TO TIME IN LIVE SOCIAL’S SOLE DISCRETION.
These Terms of Use include terms applicable to: (1) actual and prospective Entrants; (2) Sponsors; and (3) both actual and prospective Entrants and Sponsors. These Terms of Use include, and incorporate by reference, the agreements, policies and guidelines referenced below.
TERMS & CONDITIONS APPLICABLE TO ALL USERS
Live Social assumes no responsibility for a Competition in its content, obligations and the conduct of any third parties associated with the competition. Should any of these terms be violated either explicitly or implicitly, Live Social may take one or more of the following actions: (i) issue written and or warnings ; (ii) suspend or terminate a Competition ; (iii) suspend or terminate your use of the Service; (iv) bring legal action to cease violations and/or to collect damages, if any, caused by violations
Live Social may need to interrupt the Service for maintenance and other operational reasons as determined in its sole discretion. No compensation or refund will be payable should such interruptions take place. You agree to release and indemnify Live Social and its associated entities, shareholders, employees, agents, advisers and contractors against all and any claims, injuries, loss or damages arising from any interruptions.
Live Social does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept all liability for any of your actions while using the Service. This includes, but is not limited to, sending of unsolicited email. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND THAT LIVE SOCIAL MAKES NO REPRESENTATIONS THAT INDIVIDUALS USING ITS SERVICE ARE WHOM THEY PURPORT TO BE OR THAT SPONSORS’ COMPETITIONS WILL BE CONDUCTED IN CONFORMANCE WITH APPLICABLE LAWS, RULES, OR REGULATIONS. LIVE SOCIAL HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR ANY COMPETITIONS OR ACTIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY COMPETITION SPONSORS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SERVICE OR ANY COMPETITION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, LIVE SOCIAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE SERVICE.
The Service may provide links to other web sites or resources. Live Social has no control over such sites. You acknowledge and agree that Live Social shall not be responsible or liable for any damage or loss caused directly or indirectly by connection to these other sites or resources.
You agree to not use the Service to:
• intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
• upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, including, but not limited to, a Live Social employee, contractor, volunteer, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• upload, post, email, transmit or otherwise make available any content that you do not have a lawful, legal right to make available;
• make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
• make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are expressly designated for such purpose;
• interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Service or Livesocial.ly or Swagpak.com sites, or overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service, the Livesocial.ly or Swagpak.com sites, or any other host or network;
• access content or data not intended for you, or log onto a server or account that you are not authorized to access;
• attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by Live Social or used by Live Social in providing the Service; or
• use a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.).
If there is any dispute about or involving the Service (Live Social Limited, Swagpak, Blast, Pulse), you agree that the dispute shall be governed by the laws of England and Wales whose decision is final and binding.
TERMS & CONDITIONS APPLICABLE TO PROSPECTIVE COMPETITION ENTRANTS USING LIVE SOCIAL SERVICES
Sponsors using the Service may ask you for personal information such as name, date of birth, address when you complete the entry form. Providing this information is optional. However, if you choose not to supply this information required in the Sponsor’s competition rules then you may not be eligible to participate in the Competition. You should read carefully the specific rules for each competition.
You acknowledge and agree that Live Social may use the information you provide as entry into a competition for the purposes of analysis of the performance of the competition ;to communicate with you via email about your use, misuse and/or purchase of any services ; to send you communication about Live Social’s other services ; unless you ‘opt-out’. You can ‘optout’ by emailing optout@livesocial.ly. Additionally, if you add one of our social network applications, you will be agreeing to that social network’s policy governing communications with application users. In accordance with such policies, we may contact you from time to time via notifications (or other similar communication methods within social networks) to let you know about Live Social’s products or services, including for example, about other Competitions available through the Service.
If you provide personal information when completing the entry form for a Competition being run using the Service, both the Sponsor running the Competition and Live Social will be able to view that personal data. Sponsors may provide your personal information to parties assisting with its Competition (e.g., providers of prizes); so please review each Sponsor’s Competition rules and privacy policy for details. However, Live Social is not responsible for such Sponsor’s use of that personal data, nor any claims or damages that may arise from any such Sponsor’s distribution of such personal data to others (e.g., prize providers). You acknowledge and agree that Live Social shall not be liable or responsible for any use of your personal data by any Sponsor running any Competition or any other third party. Please see each Sponsor’s Competition rules and privacy policy for details on how that Sponsor handles your personal information, including without limitation, information you enter in any Competition entry form.
Competition Terms & Conditions
Each Sponsor running a Competition using the Service will have its own specific rules, terms and conditions. A link to the rules and terms and conditions for each Competition is provided. You will be required to agree to these rules and terms and conditions before you can enter each Competition. It is important that you review those rules, terms, and conditions carefully before consenting to them. You acknowledge that Live Social shall not be responsible or liable for any Sponsor’s or other third party compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Sponsor offering the applicable Competition.
TERMS & CONDITIONS FOR SPONSORS RUNNING COMPETITIONS USING LIVE SOCIAL SERVICES
Entrant’s Personal Information
Live Social acknowledges that you will receive information provided to you by each Entrant, as specified in your Competition rules. You acknowledge and agree that Live Social has the option (in its sole discretion) to use such information, royalty-free, for the purpose of conducting aggregated analysis of the performance of the Competitions conducted using the Service; to communicate with Entrants (including without limitation by e-mail) about their use, misuse, and/or purchase of Live Social’s products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and as otherwise permitted in Live Social’s Terms of Use and online policies.
Compliance with Laws and Regulations
You acknowledge and agree that Live Social’s Service merely helps Sponsors publish their Competitions and that the Service provides no safeguards that ensure that you operate your Competition properly or legally. You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the creation, operation and completion of your Competition(s), including without limitation in connection with all advertising and marketing associated with your Competition(s). You further represent, warrant, and covenant that you will comply with all statements and promises made to Entrants, except to the extent such statements and promises violate applicable laws, rules, or regulations. You agree to indemnify, defend and hold harmless Live Social and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all third-party claims, losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from your use of the Service, your violation of these Terms of Use or any other agreement between you and Live Social, your actual or alleged violation of any law, rule, or regulation associated with your Competition(s), and/or infringement by any Entrants in your Competition(s), of any intellectual property or other right of any person or entity. Live Social will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms of Use will inure to the benefit of Live Social’s successors, assigns and licensees.
