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LIARLIARLIST.COM
TERMS OF USE
Last Updated on June 11, 2010
Liar Liar List, LLC (“Liar
Liar List”) welcomes you and presents for your use and enjoyment the LiarLiarList.com
website (the "Website") and the services provided to users of the
Website (the “Service”). LiarLiarList.com is first and foremost an
online community of consenting adults who use online dating services and desire
to provide feedback on the truthfulness of profiles and photos posted to online
dating websites. In addition to the feedback platform the Website also offers
its users many other fun and informative features, all of which together
constitute the LiarLiarList.com Service, such as a regular relationship blog, an
online dating service, user message boards, quizzes, horoscopes and user
contests and venues.
Use of the
LiarLiarList.com Website and Service is governed by these terms of use (together
with Liar Liar List’s Privacy Policy and such other policies governing use of
this Website as may be published by Liar Liar List from time to time, the “Terms
of Use” or "Agreement"). Read this document
carefully: these Terms of Use include Liar Liar List’s Online Conduct Policy
for Content Posted on the Website, Liar Liar List’s Privacy Policy, and any
notices regarding the Website. By using the Website you agree to be bound by this
Agreement, whether or not you register as a member of the Website (a "Member")
and agree to the terms, conditions and notices contained or referenced herein. IF
YOU DO NOT AGREE TO THE TERMS OF USE OR THE LIAR LIAR LIST PRIVACY POLICY OR
ANY OTHER COMPONENT OF THE LIAR LIAR LIST WEBSITE AGREEMENT, DO NOT USE THE
SERVICE.
- Acceptance of Terms of Use Agreement.
- Electronic Agreement. The
LiarLiarList.com Terms of Use is an electronic contract that sets out the
legally binding terms of your use of the Website and your membership in
the Service.
- Electronic Form. By using the Website or
becoming a Member, you consent to have this Agreement provided to you in
electronic form.
- Access and Retention. In order to access and
retain this electronic Agreement, you must have access to the World Wide
Web, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you
must use all equipment necessary to make such connection to the World
Wide Web, including a computer and modem or other access device. Please
print a copy of this document for your records. To retain an electronic
copy of this Agreement, you may save it into any word processing program.
Via the Website, we will notify you of any changes in the hardware or
software requirements needed to access and/or retain this Agreement that
create a material risk that you will not be able to continue to access
and/or retain this electronic Agreement.
- Changes to the Terms of Use. We may modify the Terms of Use
from time to time. Any such modification will be effective upon our
posting of new Terms of Use. You should revisit these Terms of Use on a
regular basis as revised versions will be binding on you. We will
indicate at the top of this page the date that revisions were last made. You
understand and agree that your continued use of the Website after any
posted modification to the Terms of Use indicates your acceptance of the
modification.
- Eligibility. You must be at least
eighteen (18) years of age to register as a member of the LiarLiarList Service
or use the Website. Membership in the Service is void where prohibited. By
using the Website, you represent and warrant that you have the right, authority
and capacity to enter into this Agreement and to abide by all of the terms
and conditions of this Agreement.
- Membership. Currently, you may become a
Member of the Service at no cost. Liar Liar List reserves the right to
charge a subscription fee to use some or all of the Content in the
future.
- Term. This Agreement will remain in full force and
effect while you use the Service and/or are a Member. You may terminate
your membership at any time by sending Liar Liar List email notice of
termination to info@liarliarlist.com. Liar Liar List may terminate your
membership at any time and for any reason. All decisions regarding the
termination of accounts shall be made in the sole discretion of Liar Liar
List. If Liar Liar List terminates your
membership in the Service because you have breached this Agreement, you will not be entitled to any refund
of unused subscription fees, if any. Liar Liar List is not required
to provide you notice prior to terminating your membership. Liar Liar
List is not required, and may be prohibited, from disclosing a reason for
the termination of your account. Even after your membership is
terminated, this Agreement will remain in effect. All terms that by their
nature may survive termination of this Agreement shall be deemed to
survive such termination.
- Online Conduct Policy. To use this Website, you must agree to abide
by the guidelines below. Liar Liar List may review and delete any
content, messages, forum postings, photos or profiles (collectively,
"Content") that in the sole judgment of Liar Liar
List violate this Agreement or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of any persons.
- You acknowledge and agree
that:
- You are solely responsible
for the Content that you publish or display ("Post") on
the Service, or transmit to other users.
- The feedback and any other
Content that you Post may not reflect the views of Liar Liar List, its
officers, managers, owners, employees, agents, designees or other users.
- Liar Liar List is not
responsible for the validity of the Content posted by its users to the Website.
Any information posted by you regarding another individual must be truthful,
factual, and represent an actual encounter. Please verify that all
information submitted is accurate and factual. Individuals are
protected by law from false claims against them. Any false statement
you Post may subject you to liability for libel, which has significant
legal consequences.
- By Posting Content to the Website,
you automatically grant, and you represent and warrant that you have the
right to grant, to Liar Liar List an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to exploit, including to use,
copy, perform, display, and distribute, such information and Content and
to prepare derivative works of, or incorporate into other works, such
information and Content, and to grant and authorize sublicenses of the
foregoing. You further represent and warrant that public posting and
use of your content by Liar Liar List will not infringe on or violate
the intellectual property or other rights of any third party.
- Liar Liar List does not
pre-screen or edit user-authored Content. Liar Liar List and its
designees shall have the right, (but not the obligation) in their sole
discretion, to edit or move any Content that is available via the Website.
Without limiting the foregoing, Liar Liar List and its designees
shall have the right in their sole discretion to remove any Content that
violates the Terms of Use or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of Members, or that
is otherwise objectionable. Liar Liar List may preserve your
Content and may also disclose Content if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with a legal process, (b) enforce the Terms
of Use, or (c) respond to any claims that the Content violates the
rights of third parties.
- The Website is to be used by
you for your personal, non-commercial use only. Any use by you of the Website
or any other user's information, personal or otherwise, for any
commercial purpose or to obtain financial gain (e.g. mass marketing) is
prohibited and is a violation of these Terms of Use. Commercial uses of
Website are strictly prohibited unless prior written consent from Liar
Liar List has been granted. You agree that you will not use Website for
chain letters, junk mail, 'spamming', solicitations (commercial or non-commercial)
or bulk communications of any kind including but not limited to
distribution lists to any person who has not given specific permission
to be included in such a list.
- You will not to Post, or use the
Website and Service to publish or transmit any unlawful, harmful,
threatening, abusive, harassing, defamatory, inaccurate, obscene, profane,
offensive, sexually oriented or racially or ethnically derogatory
Content, or any Content expressing hate towards any person or groups of
persons due to race, religion, color, creed, national origin or sexual
orientation or any material that infringes or violates another party's
rights (including, but not limited to, intellectual property rights, and
rights of privacy and publicity).
- You agree not to upload, post,
e-mail, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail",
"spam", "chain letters", "pyramid
schemes", or any other form of illegal solicitation. You agree not
to upload, post, email, transmit or otherwise make available any
material that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national or
international law or regulation, or encourage the use of controlled substances.
- You will not post or use
Website to distribute or send any illegal material of any kind,
including but not limited to, illegal material in the form of text,
graphics, video, programs or audio. Posting Content or participating in
any form of discussion with the intention to commit any illegal activity
is strictly prohibited.
- You will use the Service in a
manner consistent with any and all applicable local, state, national and
international laws and regulations, You represent and warrant that you
are not located in, under the control of, or a national or resident of
any country which the United States has (i) embargoed goods, (ii)
identified as a "Specially Designated National", or (iii)
placed on the Commerce Department's Table of Deny Orders.
- Illegal and/or unauthorized
uses of the Website, including collecting usernames and/or email
addresses of members by electronic or other means for the purpose of
sending unsolicited email and unauthorized framing of or linking to the
Website may be investigated, and appropriate legal action will be taken,
including without limitation, civil, criminal, and injunctive redress.
- Membership in, and use of,
the Service is void where prohibited.
- You will not provide
inaccurate, misleading or false information to Liar Liar List or to any
other Member. If information provided to Liar Liar List or another
member, subsequently becomes inaccurate, misleading or false, you will
promptly notify the Liar Liar List of such information.
- You will not impersonate any
other person or entity, whether actual or fictitious, including
impersonating an employee of Liar Liar List.
- You will not include in your
Member profile, any telephone numbers, street addresses, real names,
URLs or email addresses.
- Organizations, companies,
and/or businesses may not become Members and should not use the Service
or the Website for any purpose.
- Use of the Website is with
the permission of Liar Liar List, which may be revoked at any time, for
any reason, in Liar Liar List 's sole discretion.
- Prohibited Content. The following is a partial
list of the kind of Content that is illegal or prohibited on the
Website. Liar Liar List reserves the right to investigate and take
appropriate legal action in its sole discretion against anyone who
violates this provision, including without limitation, removing the
offending communication from the Service and terminating the membership
of such violators and banning them from the Website. It includes, but is
not limited to, Content that:
i.
is patently
offensive to the online community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
ii.
harasses or
advocates harassment of another person;
iii.
promotes
information that you know is false, misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
iv.
promotes an
illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated
images, audio or video, or links to pirated images, audio or video files;
v.
contains
restricted or password only access pages, or hidden pages or images (those not
linked to or from another accessible page);
vi.
provides
material that exploits people under the age of 18 in a sexual or violent
manner, or solicits personal information from anyone under the age of 18;
vii.
provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
viii.
solicits
passwords or personal identifying information for commercial or unlawful
purposes from other users; and
ix.
engages in
commercial activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, and pyramid schemes.
c.
Prohibited
Activities. In
addition to and not limitation of the prohibitions listed above, Liar Liar List
reserves the right to investigate and terminate your Membership if you have
misused the Service, or behaved in a way which could be regarded as
inappropriate or whose conduct is unlawful or illegal. The following is a
partial list of the type of actions that you may not engage in with respect to
the Service. You will not:
i.
Impersonate any person
or entity;
ii.
"Stalk"
or otherwise harass any person;
iii.
Use the Website
for the purposes of soliciting sexual encounters with any person;
iv.
Represent or imply
that any statements you make are endorsed by Liar Liar List without our
specific prior written consent.
v.
Use use any
robot, spider, site search/retrieval application, or other manual or automatic
device or process to retrieve, index, "data mine", or in any way
reproduce or circumvent the navigational structure or presentation of the
Service or its contents;
vi.
Post, distribute
or reproduce in any way any copyrighted material, trademarks, or other
proprietary information without obtaining the prior consent of the owner of
such proprietary rights;
vii.
Remove any copyright,
trademark or other proprietary rights notices contained in the Service;
viii.
Interfere with
or disrupt the Service or the site or the servers or networks connected to the
Service or the site;
ix.
Not post, email
or otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
x.
Not forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any information transmitted through the Service;
xi.
Not
"frame" or "mirror" any part of the Service or the Website,
without Liar Liar List's prior written authorization. You also shall not use
meta tags or code or other devices containing any reference to Liar Liar List
or the Service or the site in order to direct any person to any other web site
for any purpose; and
xii.
Not modify,
adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or
otherwise disassemble any portion of the Service or the Website or any software
used on or for the Service or cause others to do so.
- Reporting of Prohibited Content
and Activities. If you see or are otherwise made aware of any of the above
Prohibited Content or Prohibited Activities on the Website, please
immediately contact info@liarliarlist.com
so that we may investigate this matter and take appropriate action. Without
limiting the foregoing, we are particularly concerned with maintaining our
Members’ privacy; therefore please notify us immediately if you see
any Content on the Website that personally identifies a Member, such as a
real name, street addresses, URL or email address.
- Ownership of Content. Liar Liar List owns and retains all
proprietary rights in the Website and the Service. The Website contains
the copyrighted material, trademarks, and other proprietary information of
Liar Liar List, and its licensors. The Website is protected by copyright
as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not
modify, publish, transmit, participate in the transfer or sale of,
reproduce (except as permitted in this Agreement for the use of Services),
create derivative works based on, distribute, perform, display, or in any
way exploit, any of the Content located on the Website, materials, or
Services in whole or in part. Copying or storing of any Content for other
than personal, noncommercial use is expressly prohibited without prior
written permission from Liar Liar List. By submitting Content to any
"public area" of Website, including message boards, forums, chat
rooms or by submitting Content for transmission to a third party, you
grant Liar Liar List, its affiliates, and the parties to whom such Content
is addressed a royalty-free, perpetual, irrevocable, non-exclusive right
(including any moral rights) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, communicate
to the public, perform and display the Content and any copyright rights,
trademark rights, and other intellectual property rights contained therein
(collectively, the "Rights") (in whole or in part)
worldwide 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. You also permit any user to access,
display, view, store and reproduce such Content for personal use. Subject
to the foregoing, the owner of such Content placed on Website retains any
and all Rights that may exist in such Content.
- No Reliance on
Content, Advice, Etc. Opinions, advice, statements, offers, or other information or
content made available through the Service, but not directly by Liar Liar
List, are those of their respective authors, and should not necessarily be
relied upon. You acknowledge that Liar Liar List simply acts as a passive
conduit and an interactive computer service provider for the publication
and distribution of Content and for the publication and distribution of
any content posted by other users in response to user Posted Content. Such
authors are solely responsible for such content. Liar Liar List does not:
(i) guarantee the accuracy, completeness, or usefulness of any information
on the Service, or (ii) adopt, endorse or accept responsibility for the
accuracy or reliability of any opinion, advice, or statement made by any
party that appears on the Website. You understand that Liar Liar List
does not control, and is not responsible for Content made available
through the Service, and that by using the Service, you may be exposed to
Content that is inaccurate, misleading, or offensive. You agree that you
must evaluate and make your own judgment, and bear all risks associated
with, the use of any Content. Under no circumstances will Liar Liar List
or its affiliates be responsible for any loss or damage resulting from
your reliance on information or other content posted on the Website or transmitted
to or by any Members. In addition and not in limitation of the foregoing,
any advice that may be posted on the Website is for informational and
entertainment purposes only and is not intended to replace or substitute
for any professional, financial, medical, legal, or other advice. Without
limiting the generality of the foregoing, your use of the Website will not
treat, diagnose, or cure any medical, mental or emotional condition. Liar
Liar List makes no representations or warranties and expressly disclaims
any and all liability concerning any treatment, action by, or effect on
any person following the information offered or provided within or through
the Website. If in connection with your use of the Website, you have
specific concerns or a situation arises in which you experience emotional
or other distress you should consult with an appropriately trained and
qualified specialist.
- Account, Password, and Security. When you register with Liar Liar List, you will
select a login ID and password. We at Liar Liar List are concerned with
maintaining our Members’ privacy. Therefore we strongly recommend that
you choose a user name that is unique to the Website, or in any case
different from any screen name that you use on an online dating site. Please
note that You are responsible for maintaining the confidentiality of your
login ID and password. You are also responsible for all uses of your
account, whether or not actually or expressly authorized by you. You
agree not to use Liar Liar List in any manner that could damage, disable
or impair any of Liar Liar List’s servers, computer systems or network, or
interfere with any other party's use and enjoyment of Liar Liar List
software applications or services. You agree not to attempt to gain
unauthorized access to any of software applications or services, other
accounts, servers, computer systems or networks. You agree not attempt to
obtain any materials or information not intentionally made available
through Liar Liar List, or to reverse engineer, decompile, or disassemble
the software code. You may not use anyone else's account at any time,
without the permission of the account holder. You agree to immediately
notify Liar Liar List of any unauthorized use of your registration or
password.
- Warranties,
Disclaimers, and Limitations of Liability.
a.
THE WEBSITE AND
ALL WEBSITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. LIAR
LIAR LIST MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND,
EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE WEBSITE,
(2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS,
SAFETY, AND INTELLECTUAL PROPERTY RIGHTS OF ANY OF THE WEBSITE CONTENT,
INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY FEEDBACK, OPINION, ADVICE OR
STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE, (3) THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY PARTY THAT APPEARS
ON THE WEBSITE AND (4) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE WEBSITE OR
WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY
BUSINESSES THAT ADVERTISE ON. LIAR LIAR LIST FURTHER DISCLAIMS ALL WARRANTIES,
EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, THAT YOU OBTAIN FROM LIAR LIAR LIST OR THE WEBSITE SHALL CREATE ANY
WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN
b.
Liar Liar List assumes no responsibility and disclaims all liability
for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, user or Member communications. Liar Liar List is
not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or players on account of technical
problems or traffic congestion on the Internet or at any Website or combination
thereof, including injury or damage to users and/or Members or to any other
person's computer related to or resulting from participating or downloading
materials in connection with the Web and/or in connection with the Service.
Under no circumstances will Liar Liar List or any of its affiliates,
advertisers, promoters or distribution partners be responsible for any loss or
damage, including personal injury or death, resulting from anyone's use of the
Website or the Service, any Content posted on the Website or transmitted to
Members, or any interactions between users of the Website, whether online or
offline.
c.
LIAR LIAR LIST
DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C)
BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF LIAR LIAR LIST OR
ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA. LIAR LIAR LIST ASSUMES NO
RESPONSIBILITY AND RISK FOR USE OF OUR WEBSITE AND USE OF ALL INFORMATION
CONTAINED WITHIN IT. LIAR LIAR LIST ACCEPTS NO LIABILITY FOR ANY INDIRECT OR
CONSEQUENTIAL LOSS OR DAMAGE, OR FOR ANY LOSS OF DATA, PROFIT, REVENUE OR BUSINESS
(WHETHER DIRECT OR INDIRECT) IN EACH CASE, HOWEVER CAUSED, EVEN IF FORESEEABLE.
IN NO EVENT SHALL LIAR LIAR LIST BE LIABLE FOR ANY DAMAGES WHETHER DIRECT,
INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL,
ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE, INCLUDING WITHOUT
LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES
RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THIS SERVICE.
d.
LIAR LIAR LIST
FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE
OF THE WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL LIAR LIAR LIST
OR ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM USERS'
RELIANCE ON ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY
MEMBERS. YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE,
INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM
VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE WEBSITE.
e.
LIAR LIAR LIST
ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR
COMMUNICATIONS OR DEALINGS WITH ANY OF THE MEMBERS, USERS OR ADVERTISERS ON THE
WEBSITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH MEMBERS, USERS OR
ADVERTISERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH LIAR LIAR LIST RESERVES THE
RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
f.
YOU RELEASE LIAR
LIAR LIST FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED CONTENT
THROUGH THE WEBSITE. THE WEBSITE MAY CONTAIN, OR DIRECT YOU TO SITES
CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OBJECTIONABLE OR
INAPPROPRIATE. LIAR LIAR LIST MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT
CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, AND LIAR LIAR LIST WILL NOT BE
RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR
DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE WEBSITE. LIAR LIAR
LIST MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR
INFORMATION TRANSMITTED ON THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE.
LIAR LIAR LIST WILL NOT BE LIABLE FOR THE PRIVACY OF E-MAIL ADDRESSES,
REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL
OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON EQUIPMENT,
TRANSMITTED OVER NETWORKS ACCESSED BY THE WEBSITE, OR OTHERWISE CONNECTED WITH
YOUR USE OF THE SERVICES. LIAR LIAR LIST IS NOT RESPONSIBLE FOR THE CONTENT ON
THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE OF THIS WEBSITE.
g.
YOU AGREE THAT LIAR LIAR LIST
SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND TO YOU
INCLUDING, BUT NOT LIMITED TO, THOSE THAT MAY RESULT FROM SERVICE
INTERRUPTIONS AND DELAYS. ADDITIONALLY, LIAR LIAR LIST MAKES NO
WARRANTIES REGARDING ITS ABILITY TO RECOVER ANY LOST DATA, LOST FILES, OR
OTHER INFORMATION, REGARDLESS OF HOW OR WHY THE DATA OR FILE WAS LOST.
YOU ACKNOWLEDGE THAT LIAR LIAR LIST HAS NO CONTROL OVER, AND NO DUTY TO
TAKE ANY ACTION REGARDING WHICH USERS GAIN ACCESS TO THE WEBSITE, WHAT
CONTENT YOU ACCESS VIA THE WEBSITE, WHAT EFFECTS THE CONTENT MAY HAVE ON
YOU, HOW YOU MAY INTERPRET OR USE THE CONTENT, OR WHAT ACTIONS YOU MAY
TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU RELEASE LIAR
LIAR LIST FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED
CONTENT THROUGH THE WEBSITE. THE WEBSITE MAY CONTAIN, OR DIRECT YOU TO
SITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OBJECTIONABLE OR
INAPPROPRIATE. LIAR LIAR LIST MAKES NO REPRESENTATIONS CONCERNING ANY
CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, AND LIAR LIAR LIST
WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE,
LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE
WEBSITE. LIAR LIAR LIST MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY
OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE OR ANY
WEBSITE LINKED TO THE WEBSITE. LIAR LIAR LIST WILL NOT BE LIABLE FOR THE
PRIVACY OF E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION,
DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR
ANY OTHER CONTENT STORED ON EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED
BY THE WEBSITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SERVICES.
LIAR LIAR LIST IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR
WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE OF THIS WEBSITE.
h.
YOUR SOLE AND
EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY
OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR
USE OF THE WEBSITE.
i.
LIAR LIAR LIST'S
MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF
THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF
CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE
LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO LIAR LIAR LIST
IN CONNECTION WITH THE WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE
TO LIABILITY OR (II) US$100.00.
- Indemnification. You agree to indemnify and hold
Liar Liar List, its parents, subsidiaries, affiliates, any related
companies, suppliers, licensors and partners, and the officers, directors,
employees, agents and representatives of each of them harmless, including
costs, liabilities and legal fees, from any claim or demand made by any
third party due to or arising out of (i) your access to or use of the
Website, (ii) your violation of the Terms of Use, or (iii) the
infringement by you, or any third party using your account, of any
intellectual property or other right of any person or entity. Liar Liar
List reserves the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us and
you agree to cooperate with our defense of these claims. You agree not to
settle any matter without the prior written consent of Liar Liar List.
Liar Liar List will use reasonable efforts to notify you of any such
claim, action or proceeding upon becoming aware of it.
- Breach of
Agreement and Liquidated Damages.
a.
Remedies. Liar Liar List may suspend, restrict
or terminate your use of the Website and Service and to refuse any future use
of all or portions of the Website and Service if your use breaches or fails to
comply with any of the terms and conditions of this Agreement. Additionally, Liar
Liar List may seek any and all other remedies available to it, including (a)
seeking injunctive relief with any court of competent jurisdiction to enjoin
any breach or failure to comply with any of the terms and conditions of this
Agreement; and/or (b) if damages are ascertainable, seeking damages relating to
any breach or failure to comply with any of the terms and conditions of this
Agreement.
b.
Liquidated
Damages. You understand
and agree that, because damages are often difficult to calculate, if it becomes
necessary for Liar Liar List to pursue legal action to enforce the terms and
conditions of this Agreement, you will be liable to pay us the following
amounts as liquidated damages and not a penalty, which you accept as reasonable
estimates of Liar Liar List's damages for the specified breaches of this
Agreement:
i.
If you post
Content in violation of this Agreement, you agree to promptly pay Liar Liar
List One Thousand Dollars ($1,000) for each item of Content posted in violation
of this Agreement. We may (but shall not be required to) issue you a warning
before assessing damages.
ii.
If you
display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose
any Content in violation of this Agreement, You agree to pay Ten Thousand
Dollars ($10,000).
iii.
If you use
computer programming routines that are intended to aggregate records or reports
from the Service or otherwise damage, interfere with, disrupt, impair, disable
or otherwise overburden our Website, You agree to pay One Hundred Dollars
($100) for each report or record that is aggregated, disrupted, damaged or
otherwise affected by you.
iv.
Except as
set forth in clauses i-iii above, you agree to pay the actual damages suffered
by Liar Liar List, including, but not limited to attorneys' fees and court
costs, to the extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of this Agreement, we reserve the right to
seek the remedy of specific performance of any term contained herein, or a
preliminary or permanent injunction against the breach of any such term or in
aid of the exercise of any power granted in this Agreement, or any combination
thereof.
c.
Blocking
of IP Addresses.
In order to protect the integrity of the Service, Liar Liar List reserves the
right at any time in its sole discretion to block Members from certain IP
addresses from accessing the Website.
- Links; Third
Parties. The Website may include links
to other websites (each, a "Third Party Website").
We do not control or endorse any Third Party Website, and you agree that
we are not responsible for the availability or contents of such Third
Party Websites. Liar List is not responsible for and does not endorse and
is not responsible or liable for any Content, advertising, products or
other materials on or available from such sites or resources. You further
acknowledge and agree that Liar Liar List shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with the use of, or reliance upon, any
such Content, goods or services available on or through any such site or
resource.
- Member Disputes. You are solely responsible for your
interactions with other Liar Liar List Users. Liar Liar List reserves the
right, but has no obligation, to monitor disputes between you and other
users.
- Content Storage. Liar Liar List assumes no responsibility for
the deletion of or failure to store your Content.
- Legal Jurisdiction and Venue. These Terms of Use shall be governed by and
construed in accordance with the laws of the State of California, without
giving effect to its conflict of laws provisions. Jurisdiction and venue
shall be in and with any state or federal court of competent jurisdiction
sitting in Los Angeles County, California.
- Termination. In the event that Liar Liar List determines,
at its sole discretion, that you have breached any portion of these Terms
of Use, or have otherwise demonstrated conduct inappropriate for the
community of the Website, Liar Liar List reserves the right to (i) warn
you via e-mail that you have violated these Terms of Use, (ii) delete any
Content provided by you or your agent(s) to Website, (iii) delete all
Content provided by you to Website, (iv) discontinue your registration
with Website and/or any other Liar Liar List community, (v) notify and/or
send Content to and/or fully cooperate with the proper law enforcement
authorities for further action, and/or (vi) take any other action which Liar
Liar List deems to be appropriate.
- Assignment. This Agreement may not be re-sold or assigned
by you. If you assign, or try to assign, this Agreement, such assignment
or attempted assignment will be void and unenforceable. Liar Liar List may
assign its rights and obligations under these Terms of Use and upon such
assignment Liar Liar List may be relieved of any further obligation
hereunder.
- No Waiver; Provisions Separable. It will not be considered a
waiver of Liar Liar List's rights if Liar Liar List fails or opts not to
enforce any of the terms or conditions of this Agreement against you. In
the event a court finds a provision in this Agreement to not be valid, you
and Liar Liar List agree that such court should incorporate a similar provision
that would be considered valid, with all other provisions remaining valid
in the Agreement. No joint venture, partnership, employment or agency
relationship exists between you and Liar Liar List as a result of this
Agreement or use of the Service.
- Entire Agreement. This Agreement constitutes the entire Agreement
between the parties pertaining to the subject matter hereof, and
supersedes in their entirety any and all written or oral Agreements
previously existing between the parties with respect to such subject
matter.
- ACKNOWLEDGEMENT: BY CLICKING ON THE
“I AGREE” BUTTON BELOW, YOU ARE INDICATING THAT YOU HAVE READ, AND AGREE
WITH, THE TERMS AND CONDITIONS SET FORTH ABOVE. IF YOU DO NOT AGREE TO
ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE
SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE
BOUND BY THESE TERMS AND CONDITIONS.
Privacy. Use of the Website and/or the Service is also
governed by our Privacy Policy.
PRIVACY POLICY
The
following is the official privacy policy of Liar Liar List, which we have
written so that our users might better understand how we will use their
personal information. The Terms of Use is the actual contract between Liar Liar
List and its users, and refers to this policy as Liar Liar List' Agreement
concerning its Members' privacy.
Your right
to privacy is important to us. Our aim is to strike a fair balance between your
personal privacy and ensuring you obtain full value from the internet and other
products and services we may be able to offer to you. This privacy policy
applies to use of this Website only. Each time you visit this Website you
provide us with information. This information is used to provide the best
possible service to you. Please note that by using the Service you accept the
privacy policy.
Cookies:
Liar Liar
List uses "cookies" to store users' preferences. Email addresses,
names, and other data collected by the Website are not stored in these cookies.
Personal
Information:
When you
visit the Website you may provide us with two types of information: personal
information you knowingly choose to disclose that is collected by us and Website
use information collected by us as you browse our Website.
Your
profile includes personal information, such as your personal interests, gender,
age, and certain relationship preferences. Your profile, pictures and Screen
Name are displayed in order to facilitate user interaction and for purposes of
our feedback services. Liar Liar List will never intentionally display
personally identifiable information (e.g., real names, addresses, telephone
numbers or email addresses) relating to the users of the Website, and will
remove such content when brought to our attention. If, when using the Website,
you see what appears to be personally identifiable information relating to
another user please notify Liar Liar List immediately either via the “contact
us” link or via email at info@liarliarlist.com. Users may communicate using
various Liar Liar List messaging services without disclosing their email
addresses. To facilitate searching on the Website, Liar Liar List allows users
to search for other members using certain profile matching systems and/or
specific Screen Names. Please remember that any information that is disclosed
in the course of using the Website and/or participating in any of the public
forums available via the Website becomes public information; accordingly, you
should exercise caution when deciding to disclose your personal information. We
are not responsible for the personally identifiable information you choose to
submit in these forums or for others' misuse of such information.
Occasionally,
Liar Liar List, or a partner, may sponsor a promotion on the Website. Users
may be asked to provide personal information including name, email address, or
other information or to answer questions in order to participate. We may
transfer personal information to certain ad partners that you have explicitly
requested to receive information from. We may also use personal information for
research, analysis, and ultimately to operate and improve the services we
offer.
Liar Liar
List may archive information, including personal information, you provide in
the course of using the Website. We store that information on servers that are
controlled by us or by third parties who have agreed to comply with our
commitments made under this Privacy Policy and with whom we have a contractual
relationship.
Liar Liar
List may share demographic information with third parties, including companies
with which we have a relationship. For example and without limitation:
- We may provide information to
service providers to help us bring you the services we offer.
Specifically, we may use third parties to facilitate our business, such as
directing and displaying specific advertisements on the Website. In
connection with these offerings and business operations, our service
providers may have access to your personal information for use in
connection with these business activities.
- We may be required to disclose
customer information pursuant to lawful requests, such as subpoenas or
court orders, or in compliance with applicable laws. Additionally, we may
share account or other information when we believe it is necessary to
comply with law or to protect our interests or property. This may include
sharing information with other companies, lawyers, agents or government
agencies.
- We may share with, or disclose
or sell to, third parties aggregated information which does not reference
individually identifiable users. However, Liar Liar List will not sell
contact information to third parties.
Advertising:
We use
third-party advertising companies to serve ads when you visit our website.
These companies may use information (not including your name, address, email
address, or telephone number) about your visits to this and other websites in
order to provide advertisements about goods and services of interest to you.
Our advertising partners may download cookies to your computer. Doing this
allows the advertising network to recognize your computer each time they send
you an advertisement. In this way, they may compile information about where
you, or others who are using your computer, saw their advertisements and
determine which advertisements are clicked. This information allows an
advertising network to deliver targeted advertisements that they believe will
be of most interest to you.
Google, as
a third party vendor, uses cookies to serve ads on our Website. Google's use
of the DART cookie enables it to serve ads to our users based on their visit to
our Website and other sites on the Internet. Users may opt out of the use of
the DART cookie by visiting the Google ad and content network privacy policy.
Liar Liar
List does not have access to or control of the cookies that may be placed by
the third party advertisers. This privacy statement covers the use of cookies
by Liar Liar List and does not cover the use of cookies by any of its
advertisers.
Exceptions:
In the
case of law enforcement or legal investigation into any of our Members, we will
make an exception to the above policy.
Future
Changes:
Precise
phrasing in this policy may need to change in the unforeseeable future. Before
any changes are made, Members of Liar Liar List will be notified via their Liar
Liar List email account, and ample time will be allowed for Members to cancel
their membership and remove their personal information permanently from our
database.
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