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SITE TERMS AND CONDITIONS FOR USERS
Welcome to LifeBio.com! LifeBio.com simplifies the
task of writing a biography or autobiography for our members. Using the
LifeBio Question Template as a guide, you can answer the questions that
future generations will have about you and your life. LifeBio will allow
you to create your own or a loved one's LifeBio. This site will also allow
you to return to the site and update the information. LifeBio members can
store stories, information, and even digital images at this site. However,
before you, the user or browser ("You") enter the LifeBio.com site (the
"Site") or use any of the LifeBio.com services, it is important that You
carefully review the Terms and Conditions below (the "Terms"). In
addition, specific pages on the Site may set out additional terms and
conditions, all of which are incorporated by reference into the Terms.
Terms may be changed or updated at any time, but You can always find the
most recent version here. We suggest that You periodically check this page
to make sure You are up to date. YOUR USE OF THIS SITE AND USE OF THE
SERVICES PROVIDED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE
CREATION OF LIFEBIOS AND PURCHASE OF A LIFEBIO BOOK, (together, the
"Services"), AND THE CONTENT OF THIS SITE ARE PROVIDED SUBJECT TO THE
FOLLOWING TERMS. BY USING OR BROWSING THE SITE, REGISTERING FOR ANY
SERVICE PROVIDED BY THE SITE, OR PURCHASING THROUGH THE SITE, YOU AGREE TO
THE FOLLOWING NOTICES, TERMS AND CONDITIONS; IF YOU DO NOT AGREE, PLEASE
DO NOT USE OR BROWSE THE SITE. Certain Terms only apply to Members. If You
have questions about the Terms, please contact us at Services@LifeBio.com
. LifeBio, Inc. owns and operates
the Site and will be referred to as "LifeBio"/"We" or "Us" throughout
these Terms.
Term and Termination. You are bound by these Terms upon access
to the Site. We reserve the right to suspend or permanently terminate
the Site or Your access to the Site at any time, for any reason and with
or without prior notice to You, including but not limited to the following
reasons: a. Conduct violating these Terms or other policies or guidelines
set forth by LifeBio.com elsewhere on the Site; b. Conduct that LifeBio.com
believes is harmful to other LifeBio.com users, the business of LifeBio.com,
or other third party information providers; c. If You are a Member, Failure
to continue Active Participation; d. Other Conduct that violates the letter
or spirit of these Terms; and if You are a Member or otherwise post material
on the Site, We can terminate Your use immediately upon notice from a
third party that You have infringed on an intellectual property right
of a third party, including but not limited to copyright, patent or trademark
infringement. Further, you agree that LifeBio.com shall not be liable
to You or any third-party for any termination of your access to the Service.
Upon termination, We may remove or destroy any or all Content (as that
term is defined below), uploaded or otherwise supplied by You, including,
all information, written communication, postings, LifeBios, image files
or any other Content within the Services. You agree that We have the right
to remove and discard any or all such information, written communications,
postings, image files or any other Content without any liability to You.
Access to Site/Registration Procedures.
a. You agree to use the Site in accordance with these Terms, as may be
modified from time to time, and such other terms, conditions and procedures
posted throughout the Site. Your use will at all times comply with all
applicable international, federal, state, and local laws and regulations.
b. In order to access the Site and use the Site Services, You must obtain
access to the World Wide Web and pay any associated access fees.
c. In order to obtain the full benefits of the Site Services, You will
need to register and provide certain information regarding You, the user
and Member. In consideration of the use of the Site Services, and in providing
such information, You represent and warrant that: a. You are at least
13 years of age; b. the information You provide about Yourself is complete,
accurate and current; and c. You will update such information to maintain
the accuracy of such information.
User and Member Conduct.
a. You understand and agree that all information, advertisements, products
and services, text, software, sound, photographs, graphics, video, files,
messages or other material, including advertisements, LifeBios and any
other postings ("Content") are the sole responsibility of the person or
entity that produced such Content. Therefore, You, and not Us, are solely
responsible for all Content that You upload, download, post or otherwise
transmit via the Site Services. Although We prescreen Featured LifeBios
for offensive material, We do not otherwise pre-screen or otherwise control
the Content posted via the Services and make no representations regarding
the truthfulness or quality of such Content. Although adult and sexually
explicit Content is strictly prohibited by these Terms, We do not pre-screen
all Content, including LifeBios placed on the Site and available for viewing,
and therefore, You may be exposed to offensive, indecent or other Content
that You find objectionable either on the Site or through links placed
on the Site. We are not liable under any circumstances for any Content,
including, but not limited to, any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use
of any content posted, transmitted, or otherwise made available through
the Site Services.
b. Prohibited Uses. Generally, the Site and Services are for Your personal
use, and any other use of the Content on the Site is strictly prohibited.
You agree that You will not commit any of the following Prohibited Uses
of the Site Services: (1) use the Site in any manner that damages or impairs
the Site or interferes with the use of the Site by others; (2) misappropriate
or attempt to misappropriate any portions of the Site, materials, software,
programs, code, or other information on or within the Site, including
collecting the personal information of other users; (3) upload, post,
transmit or otherwise make available adult Content or Content that contains
sexual references, innuendoes or sexually explicit material of any kind;
(4) upload, post, transmit, or otherwise distribute or make available
Content that is unlawful, threatening, illegal, defamatory, obscene, racially
or ethnically objectionable, or otherwise objectionable; (5) upload, post
or otherwise transmit or make available Content which You do not have
the right to make available due to legal or ownership constraints or otherwise;
(6) upload, post, transmit, or otherwise distribute or make available
any Content that infringes on the patent, trademark, copyright, trade
secret or other proprietary rights of any third party; (7) upload, post,
transmit or otherwise distribute or make available unsolicited advertising,
promotional schemes or other forms of solicitation; (8) create links to
any portion of the Site without Our express written permission; (9) copy
alter, or otherwise distribute the following items in any form to third
parties: graphics, logos, and other trademarks and service marks owned
by the Us or Our licensors, affiliates, individual users, or advertisers;
(10) reproduce, duplicate, copy, sell, resell or exploit any part of the
Services, use of the Services or access to the Services for any commercial
purpose.
c. Representations, Warranties and Indemnities Regarding Your LifeBio
and Other Content. If You use the Site to post Content, including to create
a LifeBio for You or another person, You are wholly liable for and assume
all risks associated with the content of all submissions to the Site and
YOU AGREE TO INDEMNIFY AND HOLD LIFEBIO, ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, AGENTS AND ASSIGNS HARMLESS FROM ANY LIABILITY THAT ARISES
FROM THE PUBLISHING OF THE CONTENT THAT YOU SUBMIT. You represent and
warrant to Us as follows: a) that the Content You submit will not contain
any material that will damage the reputation of the Site and/or LifeBio,
and that You will not include in such Content any obscene material, sexually
explicit material, expletives, racially or ethnically objectionable material
or other otherwise illegal or objectionable material; b) that You are
responsible for any spelling errors, grammar errors or other errors or
omissions in the Content; c) Content You submit is accurate, truthful
and that You have the legal right to upload such information to the Site;
and d) that Content You submit is in compliance with all applicable international,
federal, state and local laws; and
d. The Site may present You with the ability to visit web sites owned
and operated by third parties, whether through framing, where You do not
actually leave the Site and the third party web site is presented in a
separate frame, or through linking where You must leave the Site in order
to visit the third party web site. To the extent that You visit third
party web sites, whether through linking or framing from this Site, You
are subject to the Terms and Conditions of usage of the third party web
site. License. By submitting Content to the Site, You grant to Us a non-exclusive,
royalty-free, perpetual, irrevocable and fully sublicensable license to:
use, reproduce, modify, distribute, transmit, print, create derivative
works including but not limited to online LifeBios and/or a LifeBio book
in print, and display such Content submitted by You throughout the world
only to You and to users and others You have authorized to view the Content
or view or purchase a LifeBio book. Such license will apply with respect
to any form, media, or technology now known or later developed.
LifeBio's Proprietary Rights.
All Content included on the Site is Our property, and/or the property
of Our licensors, individual users, and advertisers, and protected by
U.S copyright laws. The content on the Site is for Your personal use.
Any other use, including the reproduction, modification, distribution,
transmission, republication, or display, of the content contained on the
Site is strictly prohibited. The Site includes graphics, logos, and other
trademarks and service marks owned by the Us or Our licensors, affiliates,
individual users, or advertisers and copying, altering, or otherwise removing
from the Site or distributing these items in any form to third parties
is strictly prohibited. See also Prohibited Uses of Site Services above.
Other Membership Terms
a. Before You can use the Services for creating a
biography or autobiography, We will ask you to complete a registration form. A valid email address is required. Membership can be
terminated for failure to supply a valid email address.
b. Memberships are for the term posted on the web site-either a trial membership or a
standard LifeBio membership. Trial members can choose to become standard LifeBio members
in order to continue entering information at LifeBio.com. After a trial membership, we can
terminate your account at any time thereafter if you do not choose to continue
the Service by becoming a standard LifeBio member. Upon termination of Your Trial
Membership, We may remove and discard any Content You have entered onto the Site
via the Services, including Your LifeBio and all information, image files or
any other content within the Service.
c. LifeBios must be checked as "complete" in the Profile section of the
site, by You, in order for them to be available for purchase within the
"LifeBio Products" section of the Site.
d. Text and images uploaded to the Site are also stored and viewable
on the Site. Members may store up to a total of 40MB of images on the
Site. Images must be saved to the site in the following formats: jpg,
gif, bmp, or png and each picture should not exceed 100k in size. Images
may be deleted at our discretion if the 40MB limit is exceeded. LifeBio
will notify members who have exceeded the limit. Please refer to the section
"Term and Termination" for more terms affecting the storage of digital
images.
e. You agree that LifeBio has permission to access all Content on the
Site to ensure the terms and conditions are being maintained and to provide
the Service.
f. If You choose to have your online bio featured on LifeBio.com, You
agree that We can make your online LifeBio(s) available for all other
LifeBio customers to view without the Content being password protected.
g. We reserve the right to terminate the LifeBio.com Site and all Site-related
Services at any time. If You are a Member, We will provide 90 days prior
notice of Our intention to terminate via a prominent message on Our home
page.
h. You understand and agree that upon any termination, whether by us
or by You of the Site, Services or Your Membership, We will remove and
discard any Content You have entered onto the Site, and any Content We
may possess in hard copy form due to the publishing of Your LifeBio in
book format, without liability or further obligation to You.
No Liability/No Warranty/Indemnity.
a. This Site provides Content supplied by users through the posting of
LifeBios. Such Content is not pre-screened (except with respect to Featured
LifeBios) or verified by Us. This Site provides information relating to
commercial services and products provided by third party businesses and
links to third party sites ("Third Party Information"). We cannot guarantee
the accuracy, timeliness or completeness of such Content, Third Party
Information, LifeBios, or other content posted on the Site relating to
third parties. We are not responsible for and not a party to any transaction
that takes place between You and any third party as a result of information
available through this Site. We are not responsible for any matters relating
to a transaction between You and any third party, including but not limited
to, such third party's representations whether through the Site or otherwise,
and the quality and timeliness of such third party's service or products.
USE OF THIS SITE AND RELIANCE UPON SUCH INFORMATION IS AT YOUR SOLE RISK.
b. The reference to a third party provider of products and services or
placement of an advertisement or link on this Site does not constitute
endorsement, sponsorship or recommendation of such third party, its services,
products or web site. Use of the Site and reliance upon such information
is at Your sole risk.
c. NO WARRANTY. YOU UNDERSTAND THAT USE OF THIS SITE IS PROVIDED
BY LIFEBIO ON AN "AS-IS" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE
LAW, LIFEBIO EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE SITE AND
THE SITE SERVICES, AND WITH RESPECT TO ANY GOODS, SERVICES, ADVICE OR
OTHER INFORMATION RECEIVED FROM MERCHANTS OR OTHER THIRD PARTIES REFERENCED
VIA LINK, ADVERTISEMENT, OR OTHER METHODS THROUGH THIS SITE, EXPRESS OR
IMPLIED OR OTHERWISE INCLUDING, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. d. NO LIABILITY. TO THE
EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT IN NO EVENT
WILL LIFEBIO, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES
OR INDEPENDENT CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS),
EVEN IF LIFEBIO, OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES
OR INDEPENDENT CONTRACTORS HAVE BEEN APPRISED OF THE LIKELIHOOD THEREOF,
RESULTING FROM: (i) USE OF THE SITE SERVICES; (ii) TRANSACTIONS OR CORRESPONDENCE
ENTERED INTO BETWEEN YOU AND ANY THIRD PARTY THROUGH OR FROM THE SITE
SERVICES; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH
THE SITE OR SITE SERVICES; (iv) ERRORS, DELAYS, INACCURACIES, OMISSIONS
OR DESTRUCTIVE PROPERTIES CONTAINED IN ANY CONTENT, POSTINGS, ADVERTISMENTS,
OR OTHER MATERIALS CONTAINED IN THIS SITE, WHETHER PREPARED OR MADE AVAILABLE
BY LIFEBIO OR A THIRD PARTY; (v) ANY ERRORS, DELAYS INACCURACIES, OMISSIONS
OR DESTRUCTIVE PROPERTIES CONTAINED IN ANY SITES THAT ARE LINKED TO, FRAMED
WITHIN, OR OTHERWISE REFERRED TO BY THIS SITE; (vi) ANY OTHER MATTER RELATING
TO THE SITE OR SITE SERVICES.
e. INDEMNITY. By using the Site, You agree to indemnify LifeBio,
and any of its officers, directors, agents, employees and independent
contractors and hold them harmless from any and all claims and expenses,
including attorney's fees, arising from Your use of the Site and the Site
Services, or Your submission of Content, or from any person's use of any
account or password You maintain regardless of whether such use is authorized
by You. By visiting the Site or using the Site Services, You are hereby
agreeing to release LifeBio and any of its officers, directors, agents,
employees and independent contractors from any and all claims, demands,
debts, obligation, damages (actual or consequential), costs, and expenses
of any kind or nature whatsoever, whether known or unknown, suspected
or unsuspected, disclosed or undisclosed, that You may have against them
arising out of or in any way related to Your visit to this Site or use
of the Site Services.
Privacy Policy.
Registration data and certain information about You is subject to our
privacy policy. For more information, see our full privacy policy at http://www.LifeBio.com/PRIVACY.htm.
General Terms and Conditions. By accessing the Site, You agree
to use the information and services provided by the Site in accordance
with these Terms and other procedures listed from time to time throughout
the Site. These Terms may change from time to time and it is Your responsibility
to review them each time You visit the Site. Furthermore, additional terms
and conditions may govern Your use of certain web sites or web pages within
this Site and You agree that Your use of such other sites and pages will
be in accordance with such additional terms and conditions. We reserve
the right to refuse or discontinue use of the Site by any user, merchant
or other party. All users of the Site must be at least 13 years of age.
This Site may be viewed internationally and may refer to products, services,
and programs that are not available in Your country. These references
do not imply that LifeBio intends to provide those products, services,
or programs in Your country. This Site was designed for and is operated
in the United States. If You use this Site from other locations you are
responsible for compliance with applicable local laws. You and LifeBio
agree that the statutes and laws of the State of Ohio without regard to
conflicts of laws principles thereof, will apply to all matters arising
from or relating to use of this Site. You and LifeBio also agree and hereby
submit to the exclusive personal jurisdiction and venue of the courts
of Franklin County, Ohio and the United States District Court for the
Southern District of Ohio with respect to such matters. We reserve the
right to alter or discontinue the Site, any of the Site Services or materials
provided through this Site and these disclaimers, Terms and Conditions
at any time without notice.
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