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LIUID.COM T & C POLICY

 

PLEASE READ THESE T&C’S CAREFULLY BEFORE USING THIS PLATFORM.

By accessing or using this website, mobile application or other LIUID product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms and Conditions (“T&C’s”) and any other applicable law, whether or not you are a registered member of the Platform. LIUID may change these T&C’s at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised T&C’s. If you do not agree to these T&C’s, please do not use this Platform.

 

INTELLECTUAL PROPERTY

All intellectual property on the Platform (except for User Content) is owned by LIUID or its licensors, which includes materials protected by copyright, trademark, trade dress or patent laws. All trademarks, service marks and trade names (e.g., the LIUID name and the Triangle and Road designs) are owned, registered and/or licensed by LIUID. All content on the Platform (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of LIUID,its licensors, vendors, agents and/or its Content providers; All rights reserved. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Platform.  For purposes of these T&C’s, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Platform. The Platform may only be used for the intended purpose for which such Platform is being made available. Except as may be otherwise indicated in specific documents within the Platform, you are authorized to view, play, print and download documents, audio and video found on the Platform for personal, informational, and noncommercial purposes only.

 

PLATFORM USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase LIUID products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Content (defined below), without LIUID's prior written consent, unless it is your own User Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these T&C’s shall be interpreted as granting any license of intellectual property rights to you.

 

ACCOUNT REGISTRATION AND TERMINATION; USERNAME/PASSWORD

To become a member of the LIUID Platform, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. You are responsible for any actions that take place while using your LIUID account, and You are entirely responsible for the security and confidentiality of your username and password. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. LIUID is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

You or we may suspend or terminate your account or your use of the Platform at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to the Platform in the event that (a) you breach these T&C’s; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

 

PRODUCT ORDERS

All orders placed through the Platform are subject to LIUID's acceptance. This means that LIUID may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, LIUID will issue you a refund.

For all charges for any products and/or services sold on the Platform, LIUID will bill your credit card or alternative payment method offered by LIUID through the Platform. In the event legal action is necessary to collect on balances due, you agree to reimburse LIUID for all expenses incurred to recover sums due, including reasonable attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Platform.

 

THIRD PARTY LINKS

From time to time, this Platform may contain links to websites that are not owned, operated or controlled by LIUID or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Platform. LIUID is not responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Platform, you do so entirely at your own risk.

 

USER CONTENT

"User Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by LIUID.User Content does not represent the views of LIUID or any individual associated with LIUID, and we do not control User Content. In no event shall you represent or suggest, directly or indirectly, LIUID’s endorsement of User Content. LIUID does not vouch for the accuracy or credibility of any User Content on our Platform, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on the Platform. Through your use of the Platform, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Platform, you assume all associated risks.

User Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to LIUID a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

You are prohibited from using the Platform to post or transmit any User Content which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law.

You agree to indemnify, defend, and hold harmless LIUID, LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these T&C’s, any law or the rights of any third party.

 

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

In operating the Platform, LIUID may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Platform. If you believe any material available via the Platform infringes a copyright, you should notify LIUID using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. 

If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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. These requirements must be followed to give LIUID legally sufficient notice of infringement. Send copyright infringement complaints to:

LIUID, LLC - Legal Department (Copyright)

5 Longevity Dr., Henderson, Nevada, 89014

Telephone: 702-473-5585

PRIVACY

LIUID’s Privacy Policy, which is incorporated into these T&C’s by this reference, further describes the collection and use of information on this Platform.

 

WARRANTY DISCLAIMER

YOUR USE OF THIS PLATFORM IS AT YOUR RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS PLATFORM ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIUID DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SERVICE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIUID DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION AND USE OF THE SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

 

LIMITATION OF LIABILITY

LIUID SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A LIUID EVENT OR ANY USER CONTENT, EVEN IF LIUID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST LIUID FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF LIUID IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, LIUID'S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

MISCELLANEOUS

You agree that this Platform shall be deemed a passive website solely based in Nevada, USA, which does not give rise to personal jurisdiction over LIUID in jurisdictions other than Nevada. You agree that this Platform, T&C’s, Privacy Policy and any dispute between you and LIUID shall be governed in all respects by Nevada law, without regard to choice of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada. LIUID does not guarantee continuous, uninterrupted or secure access to the Platform, and operation of the same may be interfered with by numerous factors outside of LIUID’s control. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of LIUID products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Clark County, Nevada. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Clark County, Nevada. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of LIUID products) must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from LIUID. You agree that any notice, agreement, disclosure or other communication that LIUID sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. LIUID's failure to insist upon or enforce strict performance of any of these T&C’s shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these T&C’s. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.LIUID may assign its rights and duties under these T&C’s to any party at any time without notice to you. These T&C’s set forth the entire understanding and agreement between us with respect to the subject matter hereof.

 

TERMINATION

LIUID reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. LIUID also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Platform or on other platforms and/or websites even after your User Content is removed or your account is terminated. These T&C’s remain in effect even after your account is terminated. The T&C’s relating to Intellectual Property, Indemnification, User Content Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination

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