TERMS AND CONDITIONS
Using the LifeBio Question Template as a guide, you can answer the questions that future generations will have about you and your life. LifeBio will allow you to create your own or a loved one's LifeBio. This site will also allow you to return to the site and update the information. LifeBio members can store stories, information, and even digital images at this site. However, before you, the user or browser ("You") enter the LifeBio.com site (the "Site", which includes "APIs" and "Mobile Applications") or use any of the LifeBio.com services, including API services and mobile applications, it is important that You carefully review the Terms and Conditions below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms. Terms may be changed or updated at any time, but You can always find the most recent version here. We suggest that You periodically check this page to make sure You are up to date. YOUR USE OF THIS SITE AND USE OF THE SERVICES PROVIDED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE CREATION OF LIFEBIOS AND PURCHASE OF A LIFEBIO BOOK, (together, the "Services"), AND THE CONTENT OF THIS SITE ARE PROVIDED SUBJECT TO THE FOLLOWING TERMS. BY USING OR BROWSING THE SITE, REGISTERING FOR ANY SERVICE PROVIDED BY THE SITE, OR PURCHASING THROUGH THE SITE, YOU AGREE TO THE FOLLOWING NOTICES, TERMS AND CONDITIONS; IF YOU DO NOT AGREE, PLEASE DO NOT USE OR BROWSE THE SITE. Certain Terms only apply to Members. If You have questions about the Terms, please contact us at Services@LifeBio.com . LifeBio, Inc. owns and operates the Site and will be referred to as "LifeBio"/"We" or "Us" throughout these Terms.
TERM AND TERMINATION.
You are bound by these Terms upon access to the Site. We reserve the right to suspend or permanently terminate the Site or Your access to the Site at any time, for any reason and with or without prior notice to You, including but not limited to the following reasons: a. Conduct violating these Terms or other policies or guidelines set forth by LifeBio.com elsewhere on the Site; b. Conduct that LifeBio.com believes is harmful to other LifeBio.com users, the business of LifeBio.com, or other third party information providers; c. If You are a Member, Failure to continue Active Participation; d. Other Conduct that violates the letter or spirit of these Terms; and if You are a Member or otherwise post material on the Site, We can terminate Your use immediately upon notice from a third party that You have infringed on an intellectual property right of a third party, including but not limited to copyright, patent or trademark infringement. Further, you agree that LifeBio.com shall not be liable to You or any third-party for any termination of your access to the Service. Upon termination, We may remove or destroy any or all Content (as that term is defined below), uploaded or otherwise supplied by You, including, all information, written communication, postings, LifeBios, image files or any other Content within the Services. You agree that We have the right to remove and discard any or all such information, written communications, postings, image files or any other Content without any liability to You.
ACCESS TO API/REGISTRATION PROCEDURES.
- In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to LifeBio will always be accurate and up to date and you'll inform us promptly of any updates.
- You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with LifeBio (or its affiliates).
- You will only access (or attempt to access) an API by the means described in the documentation of that API. If LifeBio assigns you developer credentials (e.g. client IDs), you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts.
- LifeBio sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain LifeBio's express consent (and LifeBio may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant LifeBio API team for information.
ACCESS TO SITE/REGISTRATION PROCEDURES.
- You agree to use the Site in accordance with these Terms, as may be modified from time to time, and such other terms, conditions and procedures posted throughout the Site. Your use will at all times comply with all applicable international, federal, state, and local laws and regulations.
- In order to access the Site and use the Site Services, You must obtain access to the World Wide Web and pay any associated access fees.
- In order to obtain the full benefits of the Site Services, You will need to register and provide certain information regarding You, the user and Member. In consideration of the use of the Site Services, and in providing such information, You represent and warrant that: a. You are at least 13 years of age; b. the information You provide about Yourself is complete, accurate and current; and c. You will update such information to maintain the accuracy of such information.
USER AND MEMBER CONDUCT.
- You understand and agree that all information, advertisements, products and services, text, software, sound, photographs, graphics, video, files, messages or other material, including advertisements, LifeBios and any other postings ("Content") are the sole responsibility of the person or entity that produced such Content. Therefore, You, and not Us, are solely responsible for all Content that You upload, download, post or otherwise transmit via the Site Services. Although We prescreen Featured LifeBios for offensive material, We do not otherwise pre-screen or otherwise control the Content posted via the Services and make no representations regarding the truthfulness or quality of such Content. Although adult and sexually explicit Content is strictly prohibited by these Terms, We do not pre-screen all Content, including LifeBios placed on the Site and available for viewing, and therefore, You may be exposed to offensive, indecent or other Content that You find objectionable either on the Site or through links placed on the Site. We are not liable under any circumstances for any Content, including, but not limited to, 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, transmitted, or otherwise made available through the Site Services.
- Prohibited Uses. Generally, the Site and Services are for Your personal use, and any other use of the Content on the Site is strictly prohibited. You agree that You will not commit any of the following Prohibited Uses of the Site Services: (1) use the Site in any manner that damages or impairs the Site or interferes with the use of the Site by others; (2) misappropriate or attempt to misappropriate any portions of the Site, materials, software, programs, code, or other information on or within the Site, including collecting the personal information of other users; (3) upload, post, transmit or otherwise make available adult Content or Content that contains sexual references, innuendoes or sexually explicit material of any kind; (4) upload, post, transmit, or otherwise distribute or make available Content that is unlawful, threatening, illegal, defamatory, obscene, racially or ethnically objectionable, or otherwise objectionable; (5) upload, post or otherwise transmit or make available Content which You do not have the right to make available due to legal or ownership constraints or otherwise; (6) upload, post, transmit, or otherwise distribute or make available any Content that infringes on the patent, trademark, copyright, trade secret or other proprietary rights of any third party; (7) upload, post, transmit or otherwise distribute or make available unsolicited advertising, promotional schemes or other forms of solicitation; (8) create links to any portion of the Site without Our express written permission; (9) copy alter, or otherwise distribute the following items in any form to third parties: graphics, logos, and other trademarks and service marks owned by the Us or Our licensors, affiliates, individual users, or advertisers; (10) reproduce, duplicate, copy, sell, resell or exploit any part of the Services, use of the Services or access to the Services for any commercial purpose.
- Representations, Warranties and Indemnities Regarding Your LifeBio and Other Content. If You use the Site to post Content, including to create a LifeBio for You or another person, You are wholly liable for and assume all risks associated with the content of all submissions to the Site and YOU AGREE TO INDEMNIFY AND HOLD LIFEBIO, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS HARMLESS FROM ANY LIABILITY THAT ARISES FROM THE PUBLISHING OF THE CONTENT THAT YOU SUBMIT. You represent and warrant to Us as follows: a) that the Content You submit will not contain any material that will damage the reputation of the Site and/or LifeBio, and that You will not include in such Content any obscene material, sexually explicit material, expletives, racially or ethnically objectionable material or other otherwise illegal or objectionable material; b) that You are responsible for any spelling errors, grammar errors or other errors or omissions in the Content; c) Content You submit is accurate, truthful and that You have the legal right to upload such information to the Site; and d) that Content You submit is in compliance with all applicable international, federal, state and local laws; and
- The Site may present You with the ability to visit web sites owned and operated by third parties, whether through framing, where You do not actually leave the Site and the third party web site is presented in a separate frame, or through linking where You must leave the Site in order to visit the third party web site. To the extent that You visit third party web sites, whether through linking or framing from this Site, You are subject to the Terms and Conditions of usage of the third party web site. License. By submitting Content to the Site, You grant to Us a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable license to: use, reproduce, modify, distribute, transmit, print, create derivative works including but not limited to online LifeBios and/or a LifeBio book in print, and display such Content submitted by You throughout the world only to You and to users and others You have authorized to view the Content or view or purchase a LifeBio book. Such license will apply with respect to any form, media, or technology now known or later developed.
LIFEBIO'S PROPRIETARY RIGHTS.
All Content included on the Site is Our property, and/or the property of Our licensors, individual users, and advertisers, and protected by U.S copyright laws. The content on the Site is for Your personal use. Any other use, including the reproduction, modification, distribution, transmission, republication, or display, of the content contained on the Site is strictly prohibited. The Site includes graphics, logos, and other trademarks and service marks owned by the Us or Our licensors, affiliates, individual users, or advertisers and copying, altering, or otherwise removing from the Site or distributing these items in any form to third parties is strictly prohibited. See also Prohibited Uses of Site Services above.
OTHER MEMBERSHIP TERMS
- Before You can use the Services for creating a biography or autobiography, We will ask you to complete a registration form. A valid email address is required. Membership can be terminated for failure to supply a valid email address.
- Memberships are for the term posted on the web site-either a trial membership or a standard LifeBio membership. Trial members can choose to become standard LifeBio members in order to continue entering information at LifeBio.com. After a trial membership, we can terminate your account at any time thereafter if you do not choose to continue the Service by becoming a standard LifeBio member. Upon termination of Your Trial Membership, We may remove and discard any Content You have entered onto the Site via the Services, including Your LifeBio and all information, image files or any other content within the Service.
- LifeBios must be checked as "complete" in the Profile section of the site, by You, in order for them to be available for purchase within the "LifeBio Products" section of the Site.
- Text and images uploaded to the Site are also stored and viewable on the Site. Members may store up to a total of 1GB of images on the Site. Images must be saved to the site in the following formats: jpg, gif, bmp, or png and each picture should not exceed 1MB in size. Images may be deleted at our discretion if the 1GB limit is exceeded. LifeBio will notify members who have exceeded the limit. Please refer to the section "Term and Termination" for more terms affecting the storage of digital images.
- You agree that LifeBio has permission to access all Content on the Site to ensure the terms and conditions are being maintained and to provide the Service.
- If You choose to have your online bio featured on LifeBio.com, You agree that We can make your online LifeBio(s) available for all other LifeBio customers to view without the Content being password protected.
- We reserve the right to terminate the LifeBio.com Site and all Site-related Services at any time. If You are a Member, We will provide 90 days prior notice of Our intention to terminate via a prominent message on Our home page.
- You understand and agree that upon any termination, whether by us or by You of the Site, Services or Your Membership, We will remove and discard any Content You have entered onto the Site, and any Content We may possess in hard copy form due to the publishing of Your LifeBio in book format, without liability or further obligation to You.
NO LIABILITY/NO WARRANTY/INDEMNITY.
- This Site provides Content supplied by users through the posting of LifeBios. Such Content is not pre-screened (except with respect to Featured LifeBios) or verified by Us. This Site provides information relating to commercial services and products provided by third party businesses and links to third party sites ("Third Party Information"). We cannot guarantee the accuracy, timeliness or completeness of such Content, Third Party Information, LifeBios, or other content posted on the Site relating to third parties. We are not responsible for and not a party to any transaction that takes place between You and any third party as a result of information available through this Site. We are not responsible for any matters relating to a transaction between You and any third party, including but not limited to, such third party's representations whether through the Site or otherwise, and the quality and timeliness of such third party's service or products. USE OF THIS SITE AND RELIANCE UPON SUCH INFORMATION IS AT YOUR SOLE RISK.
- The reference to a third party provider of products and services or placement of an advertisement or link on this Site does not constitute endorsement, sponsorship or recommendation of such third party, its services, products or web site. Use of the Site and reliance upon such information is at Your sole risk.
- NO WARRANTY. YOU UNDERSTAND THAT USE OF THIS SITE IS PROVIDED BY LIFEBIO ON AN "AS-IS" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LIFEBIO EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE SITE AND THE SITE SERVICES, AND WITH RESPECT TO ANY GOODS, SERVICES, ADVICE OR OTHER INFORMATION RECEIVED FROM MERCHANTS OR OTHER THIRD PARTIES REFERENCED VIA LINK, ADVERTISEMENT, OR OTHER METHODS THROUGH THIS SITE, EXPRESS OR IMPLIED OR OTHERWISE INCLUDING, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. d. NO LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT IN NO EVENT WILL LIFEBIO, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR INDEPENDENT CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), EVEN IF LIFEBIO, OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR INDEPENDENT CONTRACTORS HAVE BEEN APPRISED OF THE LIKELIHOOD THEREOF, RESULTING FROM:
- USE OF THE SITE SERVICES;
- TRANSACTIONS OR CORRESPONDENCE ENTERED INTO BETWEEN YOU AND ANY THIRD PARTY THROUGH OR FROM THE SITE SERVICES;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SITE OR SITE SERVICES;
- ERRORS, DELAYS, INACCURACIES, OMISSIONS OR DESTRUCTIVE PROPERTIES CONTAINED IN ANY CONTENT, POSTINGS, ADVERTISMENTS, OR OTHER MATERIALS CONTAINED IN THIS SITE, WHETHER PREPARED OR MADE AVAILABLE BY LIFEBIO OR A THIRD PARTY;
- ANY ERRORS, DELAYS INACCURACIES, OMISSIONS OR DESTRUCTIVE PROPERTIES CONTAINED IN ANY SITES THAT ARE LINKED TO, FRAMED WITHIN, OR OTHERWISE REFERRED TO BY THIS SITE;
- INDEMNITY. By using the Site, You agree to indemnify LifeBio, and any of its officers, directors, agents, employees and independent contractors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from Your use of the Site and the Site Services, or Your submission of Content, or from any person's use of any account or password You maintain regardless of whether such use is authorized by You. By visiting the Site or using the Site Services, You are hereby agreeing to release LifeBio and any of its officers, directors, agents, employees and independent contractors from any and all claims, demands, debts, obligation, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that You may have against them arising out of or in any way related to Your visit to this Site or use of the Site Services.