Materials displayed on the conversantlife.com web site ("Site") are protected by trademark, copyright, other intellectual property laws, and statutory and common laws. Conversantlife is a trademark of Conversant Media Group, Inc. Use of the conversantlife.com Site is subject to your compliance with the terms set forth below. If you do not wish to be bound by the terms, you may not use the Site. By using this Site, you agree to be bound by the terms of this Agreement.
Conversantlife.com may modify this Agreement at any time. Therefore, you should review this Agreement periodically before using the conversantlife.com Site. Your continued use of our services and the conversantlife.com Site will constitute your acceptance of the terms of the Agreement posted on the conversantlife.com Site at the time of use.
Use of the conversantlife.com Site
Conversantlife.com authorizes you to view and download one copy of the information and materials posted on the conversantlife.com Site solely for your personal, non-commercial use. You may not use, copy, reproduce, modify, sell, distribute, or public perform the information and materials posted on the conversantlife.com Site in any way for any public or commercial purpose without the written permission of conversantlife.com.
Conversantlife.com's Proprietary Rights
All proprietary rights, intellectual property rights, title and interest, except all user submissions (as defined below), including without limitation copyrights in and to the original and all copies of the conversantlife.com Site, including messages, photos and videos posted by visitors to the conversantlife.com Site are and shall be and remain the exclusive property of Conversant Media Group, Inc. You agree that you have no proprietary or intellectual property right, title or interest in or to the conversantlife.com Site. You may not at any time, whether during or after the termination of this Agreement, contest or do, or aid others in contesting or doing, anything which impairs the validity of any proprietary or intellectual property right, title or interest of conversantlife.com. This paragraph shall survive the expiration or termination of this Agreement.
Your User Submissions
A. As a ConversantLife.com account holder you may submit content ("User Videos, Songs, Images") and textual content ("User Creative Writing and Comments"). User Videos, Songs, Images and User Creative Writing and Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, ConversantLife.com does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ConversantLife.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. You retain all of your ownership rights in your User Submissions, and your posting and/or publishing of such User Submissions is your voluntary act and made subject to these Terms of Service.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ConversantLife.com all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the ConversantLife.com, Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. ConversantLife.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ConversantLife.com expressly disclaims any and all liability in connection with User Submissions. ConversantLife.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ConversantLife.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ConversantLife.com reserves the right to remove Content and User Submissions without prior notice.
Conversantlife.com Community Guidelines
On conversantlife.com, we believe that courtesy, conduct, and contribution result in community – an energetic and active community of members who recognize the value of sharing our common passions. As a member, your behavior on the conversantlife.com site is vital to maintaining standards for this community. Please review these guidelines before sharing material on conversantlife.com to ensure that what your posts and content are acceptable.
Courtesy: As with any community, respecting other members and their opinions is important. This means not only treating ConversantLife.com bloggers and other members of the community with respect, but also being respectful of the information they choose to share. Members' personal information and posted content should be used only to facilitate communication within the parameters established in the conversantlife.com Terms of Service.
Conduct: While your own common sense may suggest how to participate in the conversantlife.com community most appropriately, the conversantlife.com Terms of Services lays out specific guidelines defining appropriate behavior.
Contribution: Member participation is essential to creating a vigorous community, and conversantlife.com offers many ways to contribute: User Submitted News, Video Uploads, Audio Uploads, Essay Uploads, Image Uploads and more.
Community: The most important aspect of conversantlife.com is the community created by our members. The lively, interactive conversantlife.com community is what demonstrates the many diverse personalities of our members and makes us a unique spot on the web. We appreciate all you do to make conversantlife.com a friendly, productive, and respectful destination for thousands of users.
We ask that you review these guidelines and follow them when posting or sharing material on the site. We reserve the right to delete user accounts, comments and inappropriate content that violate the above community guidelines.
If you have any questions about these standards or about what constitutes appropriate behavior on the Conversantlife.com site, we encourage you to contact us be email at firstname.lastname@example.org or by mail at:
P.O. Box 406
Huntington Beach, CA 92648
Information Posted by Visitors
Visitors to the conversantlife.com Site may post User Submitted News, Video Uploads, Audio Uploads, Essay Uploads, Image Uploads and more. You represent, warrant and covenant that: (a) that you are at least thirteen (13) years old, (b) you will not upload, post or transmit to or distribute or otherwise publish through the conversantlife.com Site any materials which (i) restrict or inhibit any other user from using and enjoying the conversantlife.com Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) harm minors in any way, (iv) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (v) violate, plagiarize, misappropriate or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (vi) contain a virus or other harmful component, (vii) contain any information, software or other material of a commercial nature or constitute an unauthorized disclosure of trade secret information, (viii) contain advertising of any kind, or (ix) constitute or contain false or misleading indications of origin or statements of fact; and (c) that you will not use the conversantlife.com Site to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information or materials transmitted through the conversantlife.com Site, (iii) upload, post, email or otherwise transmit any information or materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, information or trade secrets owned by others, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (iv) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose, (v) stalk or otherwise harass another, or (vi) collect or store personal data about other users. You also acknowledge that much of the information and material posted on the conversantlife.com Site is provided by third parties ("Third Party Content"). Third Party Content is the sole responsibility of the third party creator. All rights in and to the Third Party Content reside with the respective third parties, and you agree that Third Party Content is subject to the same restrictions that apply to the Site. conversantlife.com disclaims all responsibility for Third Party Content and merely provides Third Party Content on the conversantlife.com Site as a service to you. More specifically, conversantlife.com does not represent, support or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the conversantlife.com Site by Third Parties. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. conversantlife.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the conversantlife.com Site. BY ITS NATURE, THIRD PARTY CONTENT MAY BE INACCURATE, DECEPTIVE, OFFENSIVE, HARMFUL OR OTHERWISE INAPPROPRIATE. YOU AGREE TO EXERCISE COMMON SENSE, CAUTION AND PROPER JUDGMENT WHEN VIEWING, USING OR OTHERWISE RELYING UPON THIRD PARTY CONTENT. This paragraph shall survive the expiration or termination of this Agreement.
Through the conversantlife.com Site, you may provide conversantlife.com with graphics, content or other materials ("Your Materials"). By posting messages, uploading files, inputting data, or engaging in any other form of communication through the conversantlife.com Site, you are granting conversantlife.com a royalty-free, perpetual, non-exclusive, unrestricted license to use, modify, copy, reproduce, publish on ConversantLife.com. ConversantLife.com does not have the right to distibute "Your Material" beyond the our website without the permission of the user.
Hyperlinked Web Sites
The conversantlife.com Site may include hyperlinks that may be used to jump to the web site of a third party. conversantlife.com has no control over the materials included in any hyperlinked web site and does not warrant in any way the information included in or the products or services sold through such a web site. Conversantlife is not responsible for the privacy policies and/or practices of other sites. Users should read the privacy policies list on those other sites.
Due to power interruptions, "down time" or other factors beyond conversantlife.com's control, or due to any computer, software or other malfunction, conversantlife.com cannot and does not guarantee that the conversantlife.com Site will always be available.
Conversantlife.com respects the intellectual property of others. If you believe that your work or another's work has been copied in a way that constitutes copyright infringement, please provide conversantlife.com's Copyright Agent with the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; 2. A description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the conversantlife.com Site; 4. Your address, telephone number, and email address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Fax information to (714) 706-6574 or email conversantlife.com at email@example.com
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Site, we are not obligated to do so. Since we do not, and may not have the ability to, control or actively monitor content, we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact us at firstname.lastname@example.org to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the Site that may expose you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
Disclaimer of Warranties and Liability
You agree that conversantlife.com is not responsible for any errors in or omissions from the information contained in or accessed through the conversantlife.com Site or products or services provided by others as a result of usage of this Site. The conversantlife.com Site, and all information, products and services are provided "as is" without warranty of any kind, whether express or implied. CONVERSANTLIFE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS WITH REGARD TO CONVERSANTLIFE'S SERVICES, THE CONVERSANTLIFE SITE, AND INFORMATION, PRODUCTS AND SERVICES PROVIDED BY OTHERS AS A RESULT OF USE OF THIS SITE, AND DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR TO ANY THIRD PARTY, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, TIMELINESS, NON-INFRINGEMENT OR PROPRIETARY OR THIRD PARTY RIGHTS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. CONVERSANTLIFE MAKES NO WARRANTY THAT (i) THE CONVERSANTLIFE SITE WILL OPERATE ERROR-FREE, (ii) THE CONVERSANTLIFE SITE WILL MEET YOUR REQUIREMENTS, (iii) THAT THE CONVERSANTLIFE SITE OR ITS SERVER ARE SECURE OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS, (iv) AS TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CONVERSANTLIFE SITE WILL MEET YOUR EXPECTATIONS, OR (v) THAT ANY ERRORS IN THE CONVERSANTLIFE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONVERSANTLIFE OR THROUGH OR FROM THE CONVERSANTLIFE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. You further agree that to the maximum extent permitted by applicable law, conversantlife.com and its officers, directors, employees, agents, attorneys, subsidiaries, parent corporations, affiliated entities, shareholders, representatives, heirs, predecessors, beneficiaries, trustees, partners, joint ventures, successors and assigns (collectively, "Associated Entities and Persons") shall under no circumstance be liable to you or any third party for any direct or indirect damages of any nature whatsoever, including but not limited to, lost profits, lost opportunity, lost savings, special, consequential, incidental, punitive or exemplary damages, whether arising out of use or the inability to use the conversantlife.com Site, conversantlife.com's services, the information, products or services of others provided as a result of use of the conversantlife.com Site, or based on breach of contract, breach of warranty, tort (including without limitation negligence, duty to warn and strict liability), or any other legal or equitable ground, even if conversantlife.com has been advised of the possibility of such damages, and even if a remedy set forth herein has failed of its essential purpose. If you must rely upon information found in the conversantlife.com site, you should independently verify its accuracy. Without in any way limiting the limitations of liability above, in no event shall conversantlife.com's entire cumulative liability under this agreement exceed five dollars ($5.00).
You agree to indemnify, save and hold harmless conversantlife.com and its Associated Entities and Persons from and against any and all losses, liabilities, obligations, damages, costs and expenses, whether known, unknown, contingent or inchoate, of any nature whatsoever, including, without limitation, actual attorneys' fees, court costs and other expenses incurred by conversantlife.com and its Associated Entities and Persons and shall defend conversantlife.com and its Associated Entities and Persons against any and all actions, causes of action, claims, demands, rights, suits, and proceedings brought against conversantlife.com or its Associated Entities and Persons, in connection with or as a result of (i) any violation of this Agreement, (ii) use or the inability to use the conversantlife.com Site, (iii) any irregularity, error, problem or defect occurring on the conversantlife.com Site which is caused by you, (iv) any defamatory or illegal, or allegedly defamatory or illegal, material transmitted to the conversantlife.com Site by you (or any person or entity that gains access to the conversantlife.com Site through you), (v) conversantlife.com's services, information, products or services provided by Third Party Providers, any transaction between you and Third Party Providers, and/or (vi) any claims based upon the accuracy or inaccuracy of the information available through the conversantlife.com Site.
Nothing herein expressed or implied is intended or shall be construed to confer upon or give to any person or corporation other than you and conversantlife.com and its Associated Entities and Persons, and their successors or assigns, any rights or remedies under or by reason of this Agreement. Any clause of this Agreement declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder. This agreement constitutes the entire agreement between us and governs your use of the Site, superseding any prior agreements between us.
In the event of any action by conversantlife.com to (a) enforce or interpret this Agreement, (b) recover damages for breach of this Agreement, (c) obtain declaratory relief in connection with this Agreement, or (d) otherwise obtain judicial relief in connection with the transactions that are the subject of or are contemplated by this Agreement, conversantlife.com shall be entitled to recover, in addition to all damages, all actual attorneys' fees, court costs and other fees and expenses incurred in connection therewith.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable information and content. Specifically, you agree (a) to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (b) that you are not in a country where export of information or materials from the United States is prohibited; and (c) that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Conversantlife.com's waiver or failure to insist upon strict compliance with any obligation, covenant, agreement or condition of this Agreement shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. This Agreement shall be governed by and construed in accordance with the applicable laws of the State of California (excluding its choice of law rules). By using the conversantlife.com Site, you irrevocably consent to jurisdiction and venue in Orange County, California. 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 conversantlife.com Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement sets forth the final, complete and exclusive agreement and understanding of conversantlife.com with you related to use of the conversantlife.com Site, and supersedes all prior agreements, arrangements, communications, representations or warranties, by conversantlife.com or you.