ADS Management LLC Terms of use for
Livedomainz.com- Updated February 2, 2007
This agreement governs your access to Livedomainz.com's services
(collectively the "Service") In consideration for your right to use the Service,
you agree as follows:
SERVICE PROVIDED
Livedomainz.com provides access to web based searching and domain name
listing and resale services. Service is provided "as is." There may be, among
other things, unexpected downtimes, loss of data, or interruptions of service.
ADS MANAGEMENT LLC. SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A
RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR
USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF
BUSINESS. ADS MANAGEMENT SHALL NOT BE RESPONSIBLE FOR ANY INFORMATION CONTAINED
IN THIRD PARTY LINKS THAT LINK FROM Livedomainz.com SEARCH RESULTS.
CONTENT
Livedomainz.com ordinarily does not review search content and domain
content. Opinions expressed on third party domains are those of the message
author and not of Livedomainz.com. Likewise, Livedomainz.com makes no
representations or warranties concerning the truth or falsity of any assertion
of fact made by content authors (other than Livedomainz.com) on any third
party domain. Some Livedomainz.com customers include their own rules or
policies on their domains. Livedomainz.com does not review, endorse, or
enforce such rules or policies. Any such rules or policies that customers
include on their domains do not bind Livedomainz.com and are to be regarded
as mere expressions of the customer’s preferences. Livedomainz.com SHALL NOT
BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF ANY PUBLISHED
CONTENT POSTED BY THIRD PARTIES.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ADS MANAGEMENT LLC EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM ADS MANAGEMENT LLC (INCLUDING ITS CONTRACTORS,
AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND AFFILIATES) OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE
USAGE TERMS. SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF CERTAIN WARRANTIES.
ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
WAIVER OF DAMAGES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NOTWITHSTANDING ANYTHING ELSE IN THESE USAGE TERMS OR OTHERWISE, ADS MANAGEMENT
LLC SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT,
INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOST PROFITS, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL,
DATA OR OTHER LOSSES (EVEN IF ADS MANAGEMENT LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR
INABILITY TO USE THE SERVICE. SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF
LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY
NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify and hold harmless ADS Management LLC and its contractors,
agents, employees, officers, directors, shareholders and affiliates from any
losses, damages, or costs, including reasonable attorney's fees, resulting from
any claim or demand arising out of or related to your (including your
contractors’, agents’, employees’, officers’, directors’, shareholders’, and
affiliates’) use of the Service, including without limitation claims arising out
of or related to your violation of these terms or service, your violation of the
rights of another person, or the content of any message or messages posted to
any ADS Management LLC owned domains.
TERMINATION
ADS Management LLC reserves the right to terminate or take steps to terminate
your access to any Service, in whole or in part, without warning, for any reason
at its sole discretion. Acts or failures to act for which ADS Management LLC may
terminate or take steps to terminate your access to the Service include without
limitation the infringement of the intellectual property or other rights of
third-parties or ADS Management LLC.
MODIFICATION
ADS Management LLC reserves the right to modify these usage terms at any time.
Modifications will be posted to this website. You agree to review these usage
terms for modifications regularly, and, at a minimum, to review these usage
terms at least once every 15 days. You accept new usage terms if you use the
Service at any time after twenty-five (25) days of any such modifications.
NOTIFICATION OF CLAIMED INFRINGEMENT
If you believe that content posted on a Livedomainz.com or any of its
domains is violating your rights under U.S. copyright law, you may, pursuant to
the Digital Millennium Copyright Act (DMCA) file a complaint of such claimed
infringement with ADS Management LLC's designated agent by sending an email to:
rme.law@verizon.net It is the
policy of ADS Management LLC to remove such violations from its domains.
NO UNSOLICITED EMAIL
Individuals or organizations that promote or use spamming (unsolicited bulk
e-mail) or methods thereof are not allowed to use ADS Management domains. Any
form of unsolicited e-mail or newsgroup posting that includes a link to or
references a ADS Management LLC's domains is prohibited.
GENERAL TERMS
Any information that is disclosed on a ADS Management LLC's domains becomes
public information. You should exercise caution when deciding to disclose your
personal information. Under no circumstances may you disclose personally
identifying information about or related to a person under the age of thirteen
(13). You agree that ADS Management LLC may preserve content (including
identifying information) and may release any or all preserved content to
governmental agencies, courts, or other third-parties if we believe, in our sole
discretion, that you have or may have committed illegal activities, violated
these usage terms, violated the rights of third-parties, impaired in any respect
the ability of ADS Management LLC to operate the Service properly, or endangered
in any respect ADS Management LLC or third-parties, or in the event that the
information is subpoenaed or subject to other judicial or administrative
process. ADS Management LLC does not claim ownership of content you or
third-parties post to a ADS Management LLC owned domain, however, ADS Management
does claim ownership to the domain posting unless otherwise noted in writing.
You may not, in connection with your use of the Service, impersonate any
individual or misrepresent your affiliation with any individual or group. Should
ADS Management LLC decide, in its sole discretion, that it needs to discover
your identity to enforce this agreement against you, you waive any right you
might otherwise have had to prevent ADS Management LLC from learning your
identity from your internet service provider. ADS Management LLC shall have the
sole discretion as to what constitutes a violation of any of these usage terms.
This agreement creates no third-party beneficiaries.
CHOICE OF LAW AND FORUM
These ADS Management LLC usage terms shall be governed by the laws of the State
of California, USA, exclusive of choice-of-law principles. You hereby consent to
the exclusive jurisdiction of the courts of Los Angeles Ca, USA in any and all
disputes arising out of, or related to, your use of Livedomainz.com's
services.
SEVERABILITY
If any provision of these usage terms is found unenforceable, ADS Management LLC
reserves the right to modify the provision to comply with the law. All remaining
provisions shall remain valid and enforceable.
ENTIRE AGREEMENT
These usage terms contain the entire agreement of the parties and there are no
other promises or conditions in any other agreement whether oral or written.
These usage terms supersede any prior written or oral agreements between the
parties.
NO WAIVER
ADS Management LLC's failure at any time to enforce any provision of these usage
terms shall not constitute a waiver or limitation of ADS Management LLC right
subsequently to enforce every provision of the usage terms. USAGE OF ANY OF ADS
MANAGEMENT LLC'S SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE USAGE TERMS.