This is a legal agreement (the “Agreement”) between you (“you” and “your”) and Live at Present,
LLC (“Live At Present,” “we,” and “us”) governing your use of the Live at Present website
(liveatpresent.com), apps, and any related services (collective referred to herein as the “Site”). The
services offered by Live at Present through and in conjunction with Live at Present Site are
herein after referred to as “Services.” LIVE AT PRESENT reserves the right, at any time and without
justification, to change, suspend or discontinue at any time any of the services it offers.
1. Your Acceptance
1. By using and/or visiting the Site (collectively, including all content and functionality
available through the (liveatpresent.com) and/or accepting any Services, you
signify your agreement to
1.1 These Terms of Use, and
1.2 LIVE AT PRESENT’s privacy policy, found at liveatpresent.com and incorporated
herein by reference (the “Privacy Policy”).
If you do not agree to any of these Terms of Use and/or LIVE AT PRESENT Privacy Policy, you
must discontinue use of the Site immediately.
i) Although we may attempt to notify you when major changes are made, LIVE AT PRESENT
(including its owners, shareholders, LLC members, officers, directors, operators, employees,
contractors, affiliates, subsidiaries, assigns, representatives, agents, sponsors, and/or
licensors) may, in its sole and absolute discretion, amend these Terms of Use and the
Privacy Policy. It is your sole responsibility to periodically review the most up-to-date version
of LIVE AT PRESENT’s Terms of Use and Privacy Policy. You agree to be bound by future
amendments and modifications to LIVE AT PRESENT’s Terms of Use and/or Privacy Policy.
If, at any time, either the Terms of Use and/or the Privacy Policy become objectionable to
you, and you no longer agree thereto, you shall immediately cease use of the Site.
ii). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. LIVE AT PRESENT Site
1. These Terms of Use apply to all users of the Site.
2. The content on the Site is provided for informational and entertainment purposes
only. Such content may change without prior notice and LIVE AT PRESENT does not
guarantee that the information contained on the Site is the most current and accurate
information available. Research developments may render some information
inaccurate, and LIVE AT PRESENT assumes no liability for any damage or loss
relating to the accuracy of any information contained on this site or in any linked
materials.
3. The Site may contain comments (including posts and page comments) from third
parties who are not owned or controlled by LIVE AT PRESENT. LIVE AT PRESENT
does not endorse the content or views expressed by any third parties unless
otherwise expressly stated.
4. The Site may provide a vehicle (such as message boards, social media feeds,
message boards) for you to submit photographs, suggestions, reviews, recordings,
and/or other materials to the Site (collectively referred to herein as “User Content”).
By submitting User Content you agree to the following:
i). You own and/or control all rights and permissions to the User Content such
that the submission of such User Content will not violate the rights of any
third party;
ii). You grant LIVE AT PRESENT a perpetual, unlimited, royalty-free,
sublicensable right to use such User Content;
■ LIVE AT PRESENT is not obligated to post and/or otherwise use any submitted User
Content;
1. LIVE AT PRESENT does not endorse any User Content; and
2. You will be responsible for any loss or harm caused by your submission of the User Content.
● The Site contains links to third-party sites that are not owned or controlled by LIVE
AT PRESENT. LIVE AT PRESENT has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any such third party
sites. In addition, LIVE AT PRESENT will not and cannot censor or edit the content
of any third-party site. By using the Site, you expressly relieve LIVE AT PRESENT
from any and all liability arising from your use of any third-party site.
● The Site is intended to be accessed by individuals residing in the United States. You
expressly accept all risk if you choose to access the Site from outside the United
States.
● LIVE AT PRESENT reserves the right to discontinue any aspect of the Site at any
time.
3. General Use of the Site Permissions and Restrictions
LIVE AT PRESENT hereby grants you permission to access and use the Site as set forth in these
Terms of Use, provided that:
1. You agree not to distribute in any medium any part of LIVE AT PRESENT Site without LIVE
AT PRESENT’s prior written authorization.
2. You agree not to alter or modify any part of the Site.
3. You agree not to access LIVE AT PRESENT Site through any technology or means other
than those explicitly authorized by LIVE AT PRESENT.
4. You agree not to use the Site for any commercial use without the prior written authorization
of LIVE AT PRESENT. Prohibited commercial uses include any of the following actions taken
without LIVE AT PRESENT’s express approval:
i) Sale of access to the Site or its related services on another Site;
ii) Use of the Site or its related services for the primary purpose of gaining advertising
or subscription revenue; and/or
The sale of advertising, on the Site or any third-party Site, targeted to the content of specific
content owned by LIVE AT PRESENT.
4. Protection of LIVE AT PRESENT Site.
1. You agree not to use or launch any automated system, including without limitation, “robots,”
“spiders,” or “offline readers,” that access the Site in a manner that sends more request
messages to the Site servers in a given period of time than a human can reasonably produce
in the same period by using a conventional on-line web browser. Notwithstanding the
foregoing, LIVE AT PRESENT grants the operators of public search engines permission to
use spiders to copy materials from the site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials, but not caches
or archives of such materials. LIVE AT PRESENT reserves the right to revoke these
exceptions either generally or in specific cases.
2. You agree not to collect or harvest any personally identifiable information from the Site, nor
to use the communication systems provided by the Site (e.g. comments) for any commercial
solicitation purposes.
3. LIVE AT PRESENT reserves the right to take appropriate legal action, including, but not
limited to, referral to law enforcement, for any illegal or unauthorized use of the Site.
5. Your Use of Content on the Site.
In addition to the general restrictions above, the following restrictions and conditions apply
specifically to your use of Content on LIVE AT PRESENT Site.
1. The content on the Site (including, without limitation, text, software, scripts, graphics, photos,
sounds, videos, and interactive features) (collectively referred to herein as “Content”) and the
trademarks, service marks and logos contained therein (“Marks”), are owned by and/or
licensed to LIVE AT PRESENT, subject to copyright, trademark, and other intellectual
property rights under the law. Content on the Site is provided to you AS IS for your
information and personal use only and may not be downloaded, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any
other purposes whatsoever without the prior written consent of the respective owners.
LIVE AT PRESENT reserves all rights not expressly granted in and to the Site and the Content.
2. You may access LIVE AT PRESENT Content for your information and personal use solely as
intended through the provided functionality of the Site.
3. You agree not to circumvent, disable or otherwise interfere with security-related features of
the LIVE AT PRESENT Site or features that prevent or restrict use or copying of any Content
or enforce limitations on use of the Site or the Content therein.
4. Digital Millennium Copyright Act
5. Pursuant to the Digital Millennium Copyright Act (DMCA) (See 17 U.S.C. 512), copyright
owners and/or their agents who believe that Content on the Site infringes their copyright
and/or any other intellectual property right, may submit notification of the suspected
infringement to LIVE AT PRESENT, and must do so in accordance with the requirements of
the Digital Millennium Copyright Act. Failure to comply with the requirements of the DMCA
will result in a failure of notice for the purposes of the statute. Your notification to LIVE AT
PRESENT should:
6. Identify the copyrighted work you claim has been infringed.
7. Identify the material you claim is infringing (along with information reasonably sufficient to
permit LIVE AT PRESENT to locate the material).
8. Include your mailing address, email address, and telephone number.
9. Include the following statement: “I have a good faith belief that the disputed use of the
copyrighted material or reference or link to such material is not authorized by the copyright
owner, its agent, or the law.”
10. Include the following statement: “I hereby state that the information in this notification is
accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of
the owner, of the copyright or of an exclusive right under the copyright that is allegedly
infringed.”
11. Be sent to LIVE AT PRESENT’s designated DMCA agent at the following address: 1617
Park Place Avenue, Suite 110-LAP, Fort Worth, TX 76110, contact@liveatpresent.com.
12. Counter-Notice. If you believe that your Content was wrongfully taken down pursuant to a
DMCA notification, you may file a counter-notification. Your counter-notification to LIVE AT
PRESENT should:
13. Identify the material you believe was wrongfully removed (including the source address of
the content).
14. Include your mailing address, email address, and telephone number.
15. Include a statement, under penalty of perjury, that you have a good faith belief that the
content was removed in error.
16. Include a statement that you consent to the jurisdiction of Federal District Court for the
judicial district in which the address is located, or if your address is outside of the United
States, for any judicial district in which LIVE AT PRESENT may be found, and that you will
accept service of process from the person who provided the original notification or an agent
of such person.
17. Be sent to LIVE AT PRESENT’s designated DMCA agent at the following address: 1617
Park Place Avenue, Suite 110-LAP, Fort Worth, TX 76110, contact@liveatpresent.com.
18. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF LIVE AT PRESENT SITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LIVE AT PRESENT (INCLUDING ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE SERVICES, AND YOUR USE
THEREOF. LIVE AT PRESENT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF SUCH CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) 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, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. LIVE AT PRESENT DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY
HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LIVE
AT PRESENT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. Indemnity
You agree to defend, indemnify and hold harmless LIVE AT PRESENT, its parents,
members, officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including but not
limited to attorney’s fees) arising from:
1. Your use of and access to the Site;
2. Your violation of any term of these Terms of Use or the Privacy Policy; or
3. Your violation of any third party right, including without limitation any copyright,
property, or privacy right.
This defense and indemnification obligation will survive these Terms of Use and your
use of the Site.
7. Ability to Accept Terms of Use
By using the Site and/or submitting any User Content, you affirm that you are either more
than 18 years of age, or an emancipated minor, or that you are at least 13 years old and that you
possess legal parental or guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use,
and to abide by and comply with these Terms of Use.
8. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by LIVE AT PRESENT without restriction.
9. Choice of Law / Dispute Resolution
You agree that:
(i) The Site shall be deemed solely based in Texas; and
(ii) The Site shall be deemed a passive Site that does not give rise to personal jurisdiction over LIVE
AT PRESENT, either specific or general, in jurisdictions other than Texas. This Agreement shall be
governed by and construed in accordance with the substantive laws of the State of Texas without
regard to its conflict of laws principles. The parties agree that any and all disputes, claims or
controversies arising out of or related to this agreement shall be submitted to mediation and if the
matter is not resolved through mediation, it shall be submitted for binding arbitration. Unless the
parties agree otherwise, any mediation and/or arbitration shall take place in the State of Texas,
Austin, and shall be administered by, and pursuant to the rules of, the American Arbitration
Association. Disputes shall be arbitrated on an individual basis.
10. Miscellaneous
These Terms of Use, together with the Privacy Notice at _________ and any other legal notices
published by LIVE AT PRESENT on the Site, shall constitute the entire agreement between you and
LIVE AT PRESENT concerning LIVE AT PRESENT Site. If any provision of these Terms of Use is
deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms of Use, which shall remain in full force and
effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of
such term or any other term, and LIVE AT PRESENT’s failure to assert any right or provision under
these Terms of Use shall not constitute a waiver of such right or provision.
11. Questions
If you have any questions, comments, or complaints regarding these Terms of Use of the Site,
please contact us at:
1617 Park Place Avenue, Suite 110-LAP,
Fort Worth, TX 76110.
contact@liveatpresent.com
