LIVEFROMTHEHOOK.COM

TERMS & CONDITIONS

We may amend these terms and conditions at any time by posting the amended terms on our Site. This Agreement may not be otherwise amended except in a writing signed by both parties.

License to Use the Site.

LFTH grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and any text, photos, graphics, song clips or other materials posted by other users on the Site (the “Content”) solely for your personal use, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use.

You acknowledge and agree that the Site and the Content accessible from the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by LFTH, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Content, in whole or in part.

Ownership and Releases.

All Content posted on the Site is the property of LFTH or third party rights holders.

If you upload, post, or otherwise transmit any text, photos, graphics, music or other materials of any kind to the Site or the Yahoo Group for LFTH linked from the Site, and you do not expressly indicate otherwise in writing, you grant an irrevocable perpetual worldwide license to LFTH, its owners, employees, agents, licensees and assigns to edit, remove, modify, publish, transmit, display and otherwise use and exploit such submission in any medium now existing or hereinafter invented, and for any purpose, including commercial uses. You waive any moral rights you may have in having the material edited, removed, modified, published, transmitted, or displayed in a manner not agreeable to you.

You agree to indemnify LFTH, its subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained from the Site, from your breach of these Terms and Conditions, and from any such acts arising through your use of the Site.

LFTH does not guarantee the quality, integrity or accuracy of any Content.  You acknowledge that, by using the Site, you may be exposed to Content which you deem to be offensive.  LFTH is not responsible for any viruses or defects that may be found to exist in the Content or otherwise on the Site, or any direct damages, lost profits or other consequential damages that may result. You may not download or otherwise attempt to copy any Content on the Site unless it is explicitly marked as downloadable. You agree that LFTH will not, under any circumstances, be liable in any way in connection with any Content, including, but not limited to, for any infringement, 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, emailed or otherwise transmitted via the Service. You release us from any and all liability with respect to any claims of any kind regarding the Content.

Links to Other Websites.
The Site contains links to other World Wide Web sites. Links do not imply that LFTH endorses any linked sites, or is affiliated or associated with or legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links. LFTH does not endorse the accuracy or reliability of any content, advice, opinion, statement, or other information displayed or distributed on any linked sites and you acknowledge that any reliance upon any such content, opinion, advice, statement, or other information shall be at your sole risk.

Advertisers and Sponsors.

Copyright Complaints.

It is LFTH's policy to comply with all intellectual property laws and, where necessary, to terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been infringed, please send a notice of copyright infringement to LFTH's Designated Agent for Copyright Infringement containing the following information:

a. physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner;b. identification of the copyrighted work claimed to be infringed;c. description of where the alleged infringements are located on the Site;d. your name, address, telephone number, and email address;e. A statement of good faith belief that the material is infringing;f. A statement that the information in the notification is accurate and that the complaint is authorized by the copyright holder.

Please send notices of copyright infringement to LFTH’s Designated Agent for Copyright Infringement:

Andrew D. Herz, Esq.
Law Offices of Andrew D. Herz
214 Lincoln Road
Brooklyn, New York 11225 
Tel:    718 856 3031
Fax:   718 228 7821

Once proper notice has been received, LFTH may take the following action:

1. remove or block access to infringing material; and

2. notify the owner of the relevant Content of the copyright infringement notification;
The Content owner may then provide a counter notice that contains the following information:

1. physical or electronic signature of the owner of the Content;

2. identification of the Content that has been removed or to which access has been disabled;

3. statement that the owner has a good faith belief that the Content did not constitute copyright infringement;

4. Content owner's name, address, telephone number, and email address; and

5. statement that the Content owner consents to jurisdiction in federal court. If LFTH receives a counter notification, it will forward this notification to the original complaining party.

If the complaining party does not respond to the counter notice by filing a lawsuit, LFTH may restore the material or access to the material within 30 days of the receipt of a counter notification.

DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LFTH EXPRESSLY DISCLAIMS 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.

LFTH MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THAT YOU WILL OBTAIN ANY  BUSINESS RESULTS FROM YOUR USE OF THE SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LFTH OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT. CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE.

LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT LFTH SHALL NOT BE LIABLE 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 LFTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR CONCERNING: (i) YOUR USE OR  INABILITY TO USE THE SITE; (ii) ANY CONTENT OR LINKS OR THE SITE; OR (iii) ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF LFTH, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.

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 SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Miscellaneous.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, United States, applicable to contracts wholly made and wholly performed in the State of New York, United States.  This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and may only be modified by a written amendment signed by both parties.