4. User Account : You may choose to register with Company through the Website and create a user account (the "Account"). If you do, you will have access to your Account by providing an email address and password. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.
5. User Submissions :
5.1 Permission : The Website may permit the submission of user-submitted text, artwork, photographs, product ideas, video, audio, and images ("User Submissions"). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website.
5.3 Warranties : In connection with User Submissions, you affirm, represent, and warrant to Company that: (a) the content of your User Submissions is original (does not infringe previously published material, including music); (b) you own all right, title and interest to your User Submissions and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to us as set forth in the license granted above; (c) use of your User Submissions on the Website or otherwise by Company, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (d) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submissions which will allow Company to utilize the User Submission(s) without compensation or objection. For clarity, Company obtains the license detailed above, but does not claim ownership of your User Submissions.
7. Third Party Services and Websites : As part of your use of the Website and Services, you may be provided with the opportunity to access third party services and websites via outbound hyperlinks (collectively and individually, "Third Party Materials"). You agree to use the Third Party Materials at your sole risk and that Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Company does not warrant or endorse such Third Party Materials, and does not assume any liability or responsibility to you or any other person for any Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided by Company solely as a convenience to you.
10. DISCLAIMER OF WARRANTY : COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE WEBSITE, CONTENT AND SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSES OR MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, INTEGRATION, OR LIABILITY ARISING FROM ANY COURSE OF DEALING, USAGE OF TRADE, OR TRADE PRACTICE. YOU AGREE THAT THE WEBSITE, CONTENT AND SERVICES ARE BEING PROVIDED "AS IS" AND THAT COMPANY HAS MADE NO EXPRESS WARRANTIES REGARDING THE WEBSITE, CONTENT AND SERVICES. THE ENTIRE RISK AS TO FUNCTIONALITY AND OPERATION OF THE WEBSITE, CONTENT AND SERVICES LIES WITH YOU, AND COMPANY ASSUMES NO RISK OR OBLIGATION IN CONNECTION THEREWITH.
Some jurisdictions do not allow the exclusion of implied warranties, or have legislation that imposes certain statutory warranties that cannot be excluded, so the above exclusion may not apply to you.
11. LIMITATION OF LIABILITY : YOUR USE OF THE WEBSITE, CONTENT AND SERVICES IS ENTIRELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCE WILL COMPANY, ITS AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF, OR RELIANCE ON, THE WEBSITE, CONTENT AND SERVICES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS LICENSORS, SUPPLIERS OR DEALERS BE LIABLE TO YOU FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, CONTENT AND SERVICES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation that restricts the limitation or exclusion of liability, so the above limitation may not apply to you.
12. ADDITIONAL DISCLAIMERS : THE WEBSITE, CONTENT AND SERVICES, OR THE RESULTS TO BE OBTAINED FROM THE USE OF THE INFORMATION ON THE WEBSITE, IS NOT INTENDED TO PROVIDE LEGAL, FINANCIAL, ACCOUNTING, TAX OR OTHER ADVICE, AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, CONTENT AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
14. Copyright Infringement Notice and Takedown Policy :
14.1 Copyright Agent : In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC § 512, the designated agent to receive notices of claims of copyright infringement for Company is :
Lazy Life LLC
P.O. Box 61149
Houston, TX 77208
14.2 Notification : If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following: (a) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14.3 Counter Notification : We may give notice to our users that we have received a notice of infringement by means of a general notice on our Website, electronic mail to a user's electronic mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
The aforementioned responsibilities are required of Company in order to comply with the Digital Millennium Copyright Act, and will automatically be amended to incorporate any changes, amendments or modifications made thereto.
16. Compliance with Law Including Export Control : Company and the Website are located in the United States. The United States controls the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Website, Content and Services (including any software) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download the Content (including any software), you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Website, Content and Services (including any software).
Copyright © 2016 Yobored Inc.. All rights reserved.