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Without limiting the foregoing, under no circumstances shall lifeisokevenwhen.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect, furthermore the intent of the author of these terms is still binding. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the lifeisokevenwhen.com Management.
By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-orientated, racist, political, hateful, threatening, or otherwise violative of any laws. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless this website lifeisokevenwhen.com and its agents with respect to any claim based upon any post or content you may make. We also reserve the right to reveal whatever information we know about you in the event of a complaint or legal action arising from any message or content posted by yourself.
By agreeing to these rules, you commit that you will not post any content that amounts to plagiarism. If you do post copyrighted content, it will only be with the explicit written permission of the original author or legal owner of the content. You will also provide the appropriate references / referral links in your message. You agree not to provide any content to lifeisokevenwhen.com that (a) infringes any third-party intellectual property or publicity / privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene, child pornographic or harmful to minors, (d) contains any viruses, Trojan horses, automated computer scripts, worms, time bombs, e-mail bombs, cancel bots or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (e) is otherwise tortuous or criminal.
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You retain all and unlimited ownership rights to your Content. However, by submitting Content to lifeisokevenwhen.com, you automatically grant to lifeisokevenwhen.com an exclusive, royalty-free, perpetual, irrevocable, worldwide license (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content for an unlimited period of time. (b) Display your Content online and offline and permit others (including without limitation lifeisokevenwhen.com's co-brand partners) to do the same, and (c) display portions of your Content online or offline and permit others to do the same. Once you submit your content to lifeisokevenwhen.com, it will not be deleted even if you submit a request for the same or if your account is deleted / banned for any reason deemed fit by the lifeisokevenwhen.com Administrators. The right to retain, edit, move or delete the said content remains at the sole discretion of the lifeisokevenwhen.com Administration.
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Indemnity: You release and indemnify lifeisokevenwhen.com and/or any of its officers, staff, moderators and representatives from any cost, damage, liability or other consequence of any of the actions of the users / members of lifeisokevenwhen.com and specifically waive any claims that you may have in this behalf under any applicable law. Because user authentication on the Internet is difficult, lifeisokevenwhen.com cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on lifeisokevenwhen.com, in the event that you have a dispute with one or more users, you release lifeisokevenwhen.com (and our management, agents, owner, admin, staff members and moderators) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
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General: You shall comply with all laws and regulations applicable to your access and use of the site and your publication of your Content. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. lifeisokevenwhen.com's failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. lifeisokevenwhen.com shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. lifeisokevenwhen.com may change, remove, or require registration or payment to continue use of, any aspect of the site and service at any time without further notice to you.
Entire Terms & Conditions Agreement: These Terms & Conditions (and any addenda or statements expressly incorporated into this Agreement that you enter into) constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the terms of this Agreement and an addendum, the provisions of the addendum shall control.
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Governing Law and Arbitration: This Agreement is governed in all respects by the laws of the State of Massachusetts as such laws are applied to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents. Any controversy or claim arising out of or relating to this Agreement or the lifeisokevenwhen.com site shall be settled by binding arbitration in accordance with the American Arbitration Association's commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Massachusetts and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, lifeisokevenwhen.com may seek any interim or preliminary relief from a court of competent jurisdiction in Massachusetts. lifeisokevenwhen.com at its option, may bypass arbitration in cases of fraud or other crimes against itself, interference with its technical operations or violations of its rights or property.
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