ACCOUNT PROVISIONING TIME
You herby agree and grant AccessLive, LLC. 24 to 72 hours time to provision your account on the shared AccessLive iStreamLive platform and up to 5 business days for dedicated services unless otherwise agreeed. If you require your account to be provisioned before the above stated times, please contact us before you sign up for our services online.
All of the content on the AccessLive Site is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by AccessLive. AccessLive grants you a limited license to access and use the AccessLive Site for the limited internal business purpose of gathering information about AccessLive as a potential solution for your business. You may not use the trademarks, service marks, trade dress and copyrighted material displayed on the AccessLive Site. Other than as set forth above, AccessLive retains all right, title and interest in and to the AccessLive Site, including all copyrights, patents, trade secrets and trademarks, and reserves all rights not expressly granted herein. You may not download (other than page caching) the AccessLive Site, or any portion of it, except with express written consent of AccessLive. You also may not copy, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the AccessLive Site. You must abide by all trademark and copyright notices, information, or restrictions contained in or attached to any content or portion of the AccessLive Site. Your license to access and use the AccessLive Site does not include any resale or commercial use of the AccessLive Site or its contents; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools. The AccessLive Site or any portion of the AccessLive Site may not be visited or otherwise exploited for any commercial purpose other than your internal business purposes without the express written consent of AccessLive. You may not frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the AccessLive Site without express written consent. You may not use any meta tags or any other “hidden text” utilizing AccessLive’ name, domain name or trademarks without the express written consent of AccessLive. Any unauthorized use terminates the permission or license granted by AccessLive.
You represent, warrant and covenant that:
(a) you shall not upload, post or transmit to or distribute or otherwise publish through the AccessLive Site any materials which
(i) restrict or inhibit any other user from using and enjoying the AccessLive Site,
(ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
(iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right,
(v) contain a virus or other harmful component,
(vi) contain any information, software or other material of a commercial nature,
(vii) contain advertising of any kind, or
(viii) constitute or contain false or misleading indications of origin or statements of fact; and
(b) that you are at least eighteen (18) years old. You hereby agree to indemnify, defend and hold AccessLive, and all its officers, directors, owners, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Policy or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. AccessLive reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of AccessLive. AccessLive may change, suspend or discontinue any aspect of the AccessLive Site at any time, including the availability of any AccessLive Site feature, database or content. AccessLive may also impose limits on certain features and services or restrict your access to parts or all of the AccessLive Site without notice or liability. AccessLive may, at its sole discretion, offer links to websites of various service, product and information providers. As these websites are not maintained or written by AccessLive, we do not guarantee or attest to the accuracy and completeness of the information obtained through these links. Accordingly, AccessLive will not be held liable for decisions made based upon information on these linked websites. These links should not serve as an endorsement for any particular provider’s capabilities or services, as we have no control over the quality, accuracy or comprehensiveness of the information obtained. You acknowledge that transmissions to and from the AccessLive Site are not confidential and your communications may be read or intercepted by others. You acknowledge that, by submitting communications to AccessLive, no confidential, fiduciary, contractually implied or other relationship is created between you and AccessLive other than pursuant to this Policy or Your AccessLive License, if any. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE AccessLive SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” AND AccessLive EXPRESSLY DISCLAIMS ALL REPESENTATIONS OR WARRANTIES OF ANY KIND RELATING IN ANY WAY TO THE AccessLive SITE OR ANY LINKED SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE AccessLive SITE, SITE-RELATED SERVICES AND ANY LINKED SITE. AccessLive DOES NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE AccessLive SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE AccessLive SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AccessLive AND ITS AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE AccessLive SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AccessLive AND ITS SPONSORS AND AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE AccessLive SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE AccessLive SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE AccessLive SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE AccessLive SITE AND/OR THOSE SERVICES.
Although AccessLive attempts to ensure the integrity and accurateness of the AccessLive Site, it makes no guarantees whatsoever as to the correctness or accuracy of the AccessLive Site. It is possible that the AccessLive Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the AccessLive Site by third parties. In the event that an inaccuracy arises, please inform AccessLive. AccessLive reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the AccessLive Site. AccessLive does not and cannot review all materials posted to the AccessLive Site by users, and AccessLive is not responsible for any such materials posted by users. However, AccessLive reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in AccessLive’ sole discretion are objectionable or in violation of this Policy. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the AccessLive Site, you hereby grant to AccessLive a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against AccessLive for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
THIS POLICY IS ENTERED INTO IN THE STATE OF DELAWARE AND SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, EXCLUSIVE OF ITS CHOICE OF LAW RULES. EACH PARTY TO THIS POLICY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF KENT IN THE STATE OF DELAWARE, AND WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS.
Any cause of action you may have with respect to your use of the AccessLive Site must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. This agreement constitutes the entire agreement between the parties hereto pertaining to your use of the AccessLive Site, and any and all written (except to the extent Your Software License governs your use of the AccessLive Site) or oral agreements heretofore existing between the parties hereto are expressly canceled.
PAYMENT TERMS AND REFUNDS
You agree and acknowledge that all services, unless otherwise agreed to, are billable on a month to month basis with pre-payment of each service. We do not issue refunds for any services that are pre-paid on a month to month basis. To cancel your services, we simply require 30 days written notice prior to your monthly anniversary date. By using our services you hereby agree to the this TOS in full.