This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
All references to "you" or "your" or “user” as applicable, mean the person that accesses, uses, and/or participates in the Platform in any manner. “you” or “your” or “user” would include the parent and/or guardian of such minor and the parent and/or guardian. In the event any person who accesses, uses, and/or participates in the Platform is a minor (i.e. less than 18 years of age) then such individual shall be obligated to cause and procure the minor to adhere to the obligations as set out hereunder.
YOU SPECIFICALLY AGREE THAT BY USING THE PLATFORM, YOU ARE EITHER (i) AT LEAST 18 YEARS OF AGE AND SOUND MIND AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT OR (ii) ARE THE PARENT AND/OR GUARDIAN OF THE MINOR USING THE PLATFORM, AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT ON BEHALF OF THE MINOR AND THE SAID MINOR SHALL BE BOUND BY THE SAME.
To access and participate in the Platform, you will need to create a password-protected account ("Account"). To create an account, you must submit your name, email address, and phone number, through the account registration page on the Platform and create a password. You will also have the ability to provide additional/optional information, which is not required to register for an account but may be helpful to Livve Homes in providing you with a more customized experience while using the Platform. You may at the discretion of Livve Homes be also provided with the option of registering for an Account using your existing social network account and log-in credentials (your "Third-Party Site Password"). You are solely responsible for safeguarding your Livve Homes password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Livve Homes immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another member’s Account without Livve Homes’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform and/or the Services offered through the Platform.
You hereby expressly acknowledge and agree that you and not Livve Homes will be liable for your losses, damages, etc. (whether direct or indirect) caused by unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Livve Homes or others due to such unauthorized use. An Account holder is herein referred to as a "Registered User."
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including your profile ("Profile") or the posting of any opinions or reviews in connection with the Platform or the Services ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
Discriminatory Postings: Indian laws prohibit any preference, limitation, or discrimination based on race, color, religion, sex, national origin, age, handicap, or other protected class. Livve Homes will not knowingly accept any Posting which violates the law. Livve Homes has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is in any way in violation of any law.
As a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving Feedback.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Livve Homes reserves the right to (a) terminate your access to your Account, your ability to post to this Platform (or the Services), and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or any action that Livve Homes determines is inappropriate or disruptive to this Platform or any other user of this Platform and/or Services.
Livve Homes reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Livve Homes deems appropriate in Livve Homes's sole discretion. Livve Homes may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Livve Homes's discretion, Livve Homes will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or the Internet. Livve Homes does not and cannot review every Posting posted to the Platform. These prohibitions do not require.
Livve Homes to monitor, police, or remove any Postings or other information submitted by you or any other user.
1. Consent for Use of Sensitive Personal Information You hereby grant consent to Livve Homes to collect, store, use or dispose of any sensitive personal information requested or submitted by you at your sole discretion through our platform, so collected for the intended usage as per the terms and conditions agreed herein. Livve Homes shall not be responsible for the authenticity of such personal information or sensitive personal data or information submitted by you.
The Platform may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published,
Livve Homes does not guarantee any confidentiality concerning any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Platform is provided on a non-proprietary and non-confidential basis. You agree that Livve Homes shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis to provide the Services.
Livve Homes may also disclose user information including personal information if Livve Homes reasonably believes that disclosure (i) is necessary to comply with a legal process (such as a court order, search warrant, etc.) or another legal requirement of any governmental authority, (ii) would potentially mitigate Livve Homes’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
You acknowledge and understand that the technical processing and transmission of the Platform, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
You may remove your Submitted Content from the Platform at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Livve Homes, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Livve Homes is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Livve Homes is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are implemented.
Livve Homes has high regard for intellectual property and expects the same level of standard to be employed by its users. Livve Homes may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Platform or users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at [email protected] Homesliving.com
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Platform, and information reasonably sufficient to permit Livve Homes to locate the material;
(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law.
(iv) information reasonably sufficient to permit Livve Homes to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive.
(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
Livve Homes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that Livve Homes shall not be liable to you or any third party for any modification, suspension, or discontinuance of Livve Homes services.
Since your usage of the Platform is linked to the duration of your stay with Livve Homes, your usage of the Platform shall be terminated when your stay with Livve Homes is terminated and/or expires.
Upon termination of your Account, your right to participate in the Platform shall automatically be terminated. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Livve Homes Platform. Unless Livve Homes has previously canceled or terminated your use of the Platform (in which case subsequent notice by Livve Homes shall not be required), if you provided a valid email address during registration, Livve Homes will notify you via email of any such termination or cancellation, which shall be effective immediately upon Livve Homes's delivery of such notice.
Upon termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Livve Homes Data (as defined below), Marks (as defined below), and other content in your possession or control. You further acknowledge and agree that Livve Homes shall not be liable to you or any third party for any termination of your access to the Platform. Upon Termination of Service, Livve Homes retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted Livve Homes hereunder shall remain in effect for the foregoing purpose. In no event is Livve Homes obligated to return any Submitted Content to you. Sections that are designed/required to survive termination, shall survive expiration or termination of the Platform or your Account.
You agree to indemnify and hold Livve Homes, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Livve Homes. Other trademarks, names, and logos on the Platform are the property of their respective owners.
Data on the Platform is provided to you as-is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Livve Homes reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
Aspects of the Platform and other Livve Homes services may be supported by advertising revenue. As such, Livve Homes may display advertisements and promotions on the service. The manner, mode, and extent of advertising by Livve Homes on the Platform are subject to change and the appearance of advertisements on the Platform does not necessarily imply endorsement by Livve Homes of any advertised products or services. You agree that Livve Homes shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
The Platform may provide, or third parties may provide, links, contact forms, and/or phone numbers to other Platforms or resources, including, without limitation, social networking, blogging, and similar Platforms through which you can log into the Platform using your existing account and log-in credentials for such third-party Platforms. Certain areas of the Platform may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Platform to be shared with your contacts in your third-party site account. Because Livve Homes has no control over such sites and resources, you acknowledge and agree that Livve Homes is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods, or services on or available from such Platform s or resources. Unless expressly stated on the Platform, links to third-party sites should in no way be considered as or interpreted to be Livve Homes's endorsement of such third-party sites or any product or service offered through them.
You Agree That Your Use Of The Platform Shall Be At Your Own Risk. To The Fullest Extent Permitted By Law, Livve Homes And Its Officers, Managers, Members, Directors, Employees, Successors, Assigns, Subsidiaries, Affiliates, Suppliers, And Agents Disclaim All Warranties, Express, Implied, Statutory Or Otherwise, And Make No Warranties, Representations, Or Guarantees In Connection With This Platform, The Services Offered On Or Through This Platform, Any Data, Materials, Submitted Content, Relating To The Quality, Suitability, Truth, Accuracy Or Completeness Of Any Information Or Material Contained Or Presented On This Platform, Including Without Limitation The Materials, Data And Submitted Content Of Other Users Of This Site Or Other Third Parties. Unless Otherwise Explicitly Stated, To The Maximum Extent Permitted By Applicable Law, This Platform, The Services Offered On Or Through This Platform, Data, Materials, Submitted Content, And Any Information Or Material Contained Or Presented On This Platform Is Provided To You On An “As-Is,” “As Available” And “Where-is” Basis With No Warranty Of Implied Warranty Of Merchantability, Fitness For A Particular Purpose, Or Non-infringement Of Third-party Rights. Livve Homes Does Not Provide Any Warranties Against Errors, Mistakes, Or Inaccuracies Of Data, Content, Information, Materials, Substance Of The Platform Or Submitted Content, Any Unauthorized Access To Or Use Of Our Secure Servers And/Or Any And All Personal Information And/Or Financial Information Stored Therein, Any Bugs, Viruses, Trojan Horses, Or The Like Which May Be Transmitted To Or Through The Platform By Any Third Party, Any Interruption Or Cessation Of Transmission To Or From The Platform, Any Defamatory, Offensive, Or Illegal Conduct Of Any Third Party Or Service User Or Service Provider, Or Any Loss Or Damage Of Any Kind Incurred As A Result Of The Use Of Any Data, Content, Information, Materials, Substance Of The Platform Or Submitted Content Posted, Emailed, Transmitted, Or Otherwise Made Available Via The Platform. Livve Homes Does Not Endorse, Warrant, Guarantee Or Assume Responsibility For Any Product Or Service Advertised Or Offered By A Third Party Through The Platform Or Any Hyperlinked Site Or Featured In Any Banner Or Other Advertisement.
Certain Services On The Platform Or On The Premises May Be Provided Through A Third Party Vendor, It Is Agreed And Clarified That Under No Circumstances Shall Livve Homes Would Be Liable For The Provision Of Any Such Services And You Shall Have Rights Directly Against Such Vendor For Any Deficiency Or Loss Arising From The Respective Services And Livve Homes Shall In No Event Be Liable For Any Consequences Arising Therefrom. Livve Homes Is Merely Acting As A Facilitator Of Such Third-party Services For You And Thus Not Liable For Any Consequences Arising Therefrom.
In No Event Shall Livve Homes, Or Its Respective Officers, Managers, Members, Directors, Employees, Successors, Assigns, Subsidiaries, Affiliates, Suppliers, Attorneys Or Agents, Be Liable To You For Any Direct, Indirect, Incidental, Special, Punitive, Consequential Or Exemplary Damages (Including But Not Limited To Loss Of Business, Revenue, Profits, Use, Data Or Other Economic Advantage) Whatsoever Resulting From (I) Any Errors, Mistakes, Or Inaccuracies Of Data, Marks, Content, Information, Materials Or Substance Of The Platform Or Submitted Content; (Ii) Any Unauthorized Access To Or Use Of Our Secure Servers And/Or Any And All Personal Information And/Or Financial Information Stored Therein; (Iii) Any Bugs, Viruses, Trojan Horses, Or The Like Which May Be Transmitted To Or Through The Platform ; (Iv) Any Interruption Or Cessation Of Transmission To Or From The Platform; (V) Any Errors Or Omissions In Any Data, Content, Information, Materials Or Substance Of The Platform Or Submitted Content; (Vi) Any Defamatory, Offensive, Or Illegal Conduct Of Any Third Party; Or (Vii) Any Use Of Any Data, Marks, Content, Information, Materials Or Substance Of The Platform Or Submitted Content Posted, Emailed, Transmitted, Or Otherwise Made Available On Or Through The Platform, Whether Based On Warranty, Contract, Tort (Including Negligence), Or Any Other Legal Theory, And Whether Or Not Livve Homes Is Advised Of The Possibility Of Such Damages. The Foregoing Limitation Of Liability Shall Apply To The Fullest Extent Permitted By Law In The Applicable Jurisdiction.
In No Event Shall The Total, Aggregate Liability Of Livve Homes, Or Any Of The Above-referenced Respective Parties, Arising From Or Relating To The Platform, And/Or Submitted Content Exceed The Six-month Fees Paid To Livve Homes By You.