ACCEPTANCE OF TERMS
"Live It Keep It" welcomes you. These terms and conditions form the basis of an agreement between Live It Keep It Pty Ltd ("we", "us", "our") and you, the User ("You", "Your") governing the use of the Live It Keep It website. Your use of the Live It Keep It website ("Live It Keep It", the "Website", the "Service" or the "Site") is subject to and conditional upon your agreement with these Terms & Conditions of use ("T&C"), which may be updated by us from time to time without notice to you. You can review the most current version of the T&C at any time as posted on our website. All guidelines or rules (including but not limited to our (Privacy Policies) are hereby incorporated by reference into the T&C.
DESCRIPTION OF SERVICE
Live It Keep It is a website provided for personal use only. Memory Boxes recorded within Live It Keep It have been designed to provide a forum for the collection and storage of life memories that may have been lost to future generations. We do not warrant the accuracy or authenticity of posted memories and we do not verify the accuracy of the information provided. You understand and agree that the Service is provided "AS-IS" and that Live It Keep It assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that NO representations are made as to the content of each Memory Box and that certain Boxes may contain adult or mature content.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Website and the services contained within this Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Memory Box Administrator Registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your box or boxes under your control and refuse any and all current or future use of this Service (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon completion of the registration process, you will be issued with a username and be required to enter and verify a password. You will be the primary account holder ("Primary Administrator").
You may enter details for a second person ("Secondary Administrator") who will be permitted to access and amend your Memory Box as if it were the Primary Administrator. You are responsible for maintaining the confidentiality of the password and account details and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Live It Keep It of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Live It Keep It cannot and will not be liable for any loss or damage arising from your failure to comply with this Section (Section 5).
The Primary Administrator (and, if applicable, the Secondary Administrator) has the sole right to set the level of access and what elements of the Memory Box third parties may view within the Memory Box.
Whilst we take all reasonable steps to limit access to third parties in accordance with your wishes, we do not warrant or guarantee that the service will be error free or that your specified levels of access will be maintained.
ADMINISTRATOR AND SUBSCRIBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, memory keys, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated and the posting of such conduct within a Memory Box is at the sole discretion and responsibility of the Primary Administrator or Secondary Administrator (if required). This means that you, and not Live It Keep It, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Live It Keep It does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Live It Keep It 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 any Content posted, emailed, transmitted or otherwise made available via the Service.
If you see Content within the Service that does not comply with the rules in this Section 6, you are requested to report the existence of such Content to us. We do not warrant or guarantee however, that such Content will be removed.
You agree to not use the Service to:
post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
minors in any way;
any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You further agree to not use the Service to:
post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
the normal operation and ease of use of other Memory Box Holders;
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;
or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations
promulgated by the Australian Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the Australian Stock Exchange, and any
regulations having the force of law;
material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to
any organization(s) designated by the Australian government as a
foreign terrorist organization;
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Live It Keep It may or may not pre-screen Content, but that Live It Keep It and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Live It Keep It and its designees shall have the right to remove any Content that violates the T&C or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created in or submitted to Live It Keep It.
You acknowledge, consent and agree that Live It Keep It may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the T&C; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Live It Keep It, its users and the public.
INTERSTATE AND OVERSEAS NATURE OF COMMUNICATIONS
Given, that Live It Keep It is an Australian initiative and service email transmissions to the Administrators of the many Memory Boxes associated with this service will entail transmissions interstate and overseas. Accordingly, by agreeing to this Terms & Conditions of Use, you acknowledge that use of the service results in interstate and overseas data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Live It Keep It does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Live It Keep It the following perpetual worldwide, royalty-free and non-exclusive license(s), as applicable:
respect to Content you submit or make available for inclusion on
publicly accessible areas of the Live It Keep It Service, the
license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Service solely for
the purposes of providing and promoting the specific Memory Box
Service to which such Content was submitted or made available. This
license exists only for as long as you elect to continue to include
such Content on the Service and will terminate at the time you
remove or Live It Keep It removes such Content from the Service.
respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the
Service, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service
solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate
at the time you remove or Live It Keep It removes such Content from
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" information on this Service is information deemed by the Primary or Secondary Administrator as public and such information is therefore made available to the general public.
CONTRIBUTIONS TO LIVE IT KEEP IT
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Live It Keep It through the website’s suggestion or "Feedback" option. You acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Live It Keep It is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Live It Keep It shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Live It Keep It may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Live It Keep It without any obligation of Live It Keep It to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Live It Keep It under any circumstances.
You agree to indemnify and hold Live It Keep It and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the T&C, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Live It Keep It may establish general practices and limits concerning use of the Service, including without limitation the maximum storage available to each Memory Box or size restrictions on uploaded Content that will be retained by the Service, the maximum number of Memory Boxes that may be administered by one Administrator, the type of Media (now and into the future) that is available to be stored on each Memory Box, the maximum disk space that will be allotted on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Live It Keep It has no responsibility or liability for the deletion or failure to store any memories, messages and other communications or other Content maintained or transmitted to the Service. You further acknowledge that Live It Keep It reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Live It Keep It reserves the right to modify these general practices and limits from time to time - including but not limited to Memory Box memory capacity allotted as "free" and as required to may charge for Memory upgrades to Memory Boxes.
MODIFICATIONS TO SERVICE
Live It Keep It reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LIVE IT KEEP IT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We do not mediate disputes between users, but reserve the right to monitor such disputes and suspend or terminate a user’s access to the Service at our discretion.
COMPLAINTS – COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
We take the protection of intellectual property rights seriously. If you believe that a User has breached your rights in relation to any design, copyright, patent, trademark or other intellectual property you are requested to contract us.
If warranted, we will take action to remove infringing material and/or suspend or terminate the relevant User’s access to the Service.
The Content on this Site is provided by third parties and on this basis we do not warrant that Content will not infringe any of the rights referred to in this section of a third party.
You agree that Live It Keep It may, under certain circumstances and without prior notice, immediately terminate your Live It Keep It account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the T&C or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Live It Keep It account includes (a) removal of access to all offerings within the Service. Further, you agree that all terminations for cause shall be made in Live It Keep It’s sole discretion and that Live It Keep It shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Live It Keep It shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Live It Keep It has no control over such sites and resources, you acknowledge and agree that Live It Keep It is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Live It Keep It shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
LIVE IT KEEP IT PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Live It Keep It or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Live It Keep It grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Live It Keep It - Software, in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Live It Keep It for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. LIVE IT
KEEP IT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
IT KEEP IT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF 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 ANY SUCH MATERIAL.
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
LIVE IT KEEP IT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE T&C.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIVE IT KEEP IT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIVE IT KEEP IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this T&C, there shall be no third-party beneficiaries to this agreement.
Live It Keep It may provide you with notices, including those regarding changes to the T&C, by email, regular mail or postings on the Service.
Live It Keep It records "Moments in Time" for future generations.