Last updated: 12/31/11
Please Read Carefully Before Using this Website
1. Other Policies and Terms
The LifeSizer Site and its services are intended for clients who are 18 years of age and older and are not intended for children under the age of 13. If you are under the age of 18, you will need your parents’ permission to use the services that require payment.
3. Our Proprietary Rights
The LifeSizer Site and its services contain proprietary and confidential information that is available only to registered users and is protected by applicable intellectual property and other laws. Excluding Client Documents (as defined below), the content on the LifeSizer Site, including without limitation, the image calibration data (e.g.., measruements), text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “Materials”) and the trademarks, service marks and logos on the LifeSizer Site or its services (“Marks”), are owned by or licensed to LIFESIZER, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
4. Use of the Services
6. Registration; Account Information
You must register to use the services as a client of the LifeSizer Site. By registering, you represent, warrant and covenant that you will: (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if LIFESIZER has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, LIFESIZER has the right to suspend or terminate your account and refuse any and all current or future use of the LifeSizer Site and its services.
You may only have one active client account on the LifeSizer Site at any given time. You may not transfer your account to any third party without LIFESIZER’s prior written consent. You will be assigned, or you must choose, a user name and password for access to and use of the LifeSizer Site and its services. You are responsible for maintaining the confidentiality of your user name and password and for all activities that occur through use of your account or under your user name and/or password. You agree to promptly notify us of any unauthorized use of your user name, password or any other breach of security that you become aware of involving or relating to the LifeSizer Site and its services by emailing us at email@example.com. In order to maintain the security of your account, we recommend that you exit from your account at the end of each session, in particular when using a public or shared computer. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
7. Client Documents; Your Proprietary Rights and Obligations
As between you and us, all pictures and other content that you upload as part of your account to the LifeSizer Site or services (collectively, “Client Documents”) will remain your intellectual property, excluding any measurement or image calibration information which is the sole property of LIFESIZER.
If you submit any Client Document to a Project, you further grant to LIFESIZER and Service Providers a royalty-free, worldwide, full paid-up, irrevocable, non-exclusive right and license to use, reproduce, modify and create derivative works of such Client Document in connection with the LifeSizer Site or services.
You understand that the technical processing and transmission of the LifeSizer Site and its services, including your Client Documents, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. Prohibited Activities and Content
You agree that you will not, nor will you permit any third party to: (a) license, sublicense, resell, transfer, or assign to a third party your right to use the LifeSizer Site and its services, nor operate as a service bureau or otherwise use the LifeSizer Site and its services on behalf of or for the benefit of a third party; (b) modify, copy or create derivative works from the LifeSizer Site and its services or any of its Material other than Client Documents; (c) attempt to access, decompile or reverse engineer the software and technology through which LIFESIZER provides the LifeSizer Site and its services, or use the LifeSizer Site and its services to create or modify a competitive product or service; (d) except with LIFESIZER’s prior express permission or if conducted for purposes of adding LifeSizer functionality to your site as a client of LifeSizer, create Internet “links” to the LifeSizer Site and its services or “frame” or “mirror” the LifeSizer Site and its services on any other server or wireless or Internet-based device; (e) attempt to gain unauthorized access to the LifeSizer Site and its services or any content or the networks or systems through which LIFESIZER provides the LifeSizer Site and its services, including access to the LifeSizer Site and its services by any means other than the interface provided by LIFESIZER for use in accessing the LifeSizer Site and its services, or use any unauthorized means to modify or reroute the LifeSizer Site or services (or attempt to do so); (f) use the LifeSizer Site and its services in any manner which could damage, disable, overburden, or impair the LifeSizer Site and its services or interfere with any other party’s use and enjoyment of the LifeSizer Site and its services, or send or store material containing software viruses, worms, Trojan horses or other harmful code; (g) use the LifeSizer Site and its services for an illegal purpose or in furtherance or encouragement of illegal activities, or (h) to post, upload, transmit, submit or store Client Documents (or to engage in behavior or otherwise use the LifeSizer Site or services in a manner) that is harassing, infringing, libelous, invasive of another’s privacy, harmful, threatening, fraudulent, deceptive, obscene, or otherwise unlawful or tortious, or that would give rise to civil liability, including without limitation to sending, transmitting or using the LifeSizer Site or services in any manner associated with any unsolicited bulk messages or unsolicited commercial messages (“spam”).
You may not remove, deface or obscure any of our or our providers’, suppliers’ or licensors’ copyright, trademark and other proprietary notices on, in or associated with the LifeSizer Site and its services.
9. Third Parties
The LifeSizer Site may link to and present content from third party sites not owned or controlled by LIFESIZER. You also acknowledge and agree that the LifeSizer Site and services will be used by other clients and users. LIFESIZER is in no way liable for the actions of any other clients or users of the LifeSizer Site or services, or for the contents of any third party web sites. The opinions expressed by other clients or users do not necessarily represent those of LIFESIZER, nor is LIFESIZER responsible in any way for the words or actions of such persons or entities.
You agree to pay all applicable fees, if any, for your access to and use of the LifeSizer Site and services, as specified in LIFESIZER’s then-current Fees and Payment Policy. Unless otherwise provided in the Fees and Payment Policy, payment for all services is due at the time the service is requested.
LIFESIZER may change the fees and other aspects of the Fees and Payment Policy at any time by providing 30 days’ prior notice, effective upon posting. All fees are exclusive of sales, use, excise or any other taxes, and you are responsible for all such taxes except those based on LIFESIZER’s net income or assets. Payment obligations cannot be cancelled, and no payments are refundable. You must provide LIFESIZER with valid credit card information when registering for the LifeSizer Website and its services, and you must notify LIFESIZER in advance of any change in that information. Where applicable, LIFESIZER charges and collects in advance for use of the LifeSizer Website and its services. LIFESIZER will automatically renew and bill your credit card or issue an invoice to you each month or as otherwise mutually agreed upon. Failure by LIFESIZER to receive payment in full when due will entitle us to suspend or terminate your account.
11. Refusal and Termination of Services
Should any client act in a manner that we determine to be threatening, violent, disruptive, or offensive toward us, a Service Provider, another client, or any third party, LIFESIZER reserves the right to terminate any and all services then in progress prior to its completion, and the client’s account.
You further acknowledge and agree that LIFESIZER may terminate your account and delete Client Documents if you have not used the LifeSizer Site or its services for a period of three months, or otherwise pursuant to the Fees and Payment Policy.
Upon any termination, we will be under no obligation to provide a monetary refund to the client. If we determine in our sole discretion that a refund is warranted, we will prorate the refund in light of the services already performed and will deduct from it any costs that have been incurred in processing the Project to the point of termination.
In addition, upon termination, except where we terminate your account for your breach, non-use or otherwise for cause, we will provide you with seven days to retrieve Client Documents from the LifeSizer Site. After such 7-day period, and in all other cases, we reserve the right to permanently delete all such Client Documents and to terminate your access to and use of the services.
12. Quality of Service; Limitation of Liability
LIFESIZER will use commercially reasonable efforts to enlist the work of highly qualified Service Providers to render professional services. Nonetheless, we cannot guarantee that documents and services will meet all of your expectations, or that document and services will be entirely error free. While reasonable efforts are made to keep the LifeSizer Site accurate and current, LIFESIZER assumes no liability for any inaccuracies in the LifeSizer Site or any of its services or for any damages that may result from the use of information posted on the LifeSizer Site or any of its services. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE LIFESIZER SITE AND ALL OF ITS SERVICES IS AT YOUR OWN RISK. As part of this assumption of risk, you acknowledge and agree that you are responsible for providing accurate and complete information when submitting your Project to us and for reviewing all materials returned to you as part of that project.
If you are not satisfied with the services, you are encouraged to immediately inform LIFESIZER by email at firstname.lastname@example.org. At no time, however, are we obligated to issue a monetary refund, nor are we liable for damages in connection with any defect, perceived or real, in the services rendered.
You understand that the words and opinions of other clients and users of the LifeSizer Site and services are not necessarily those of LIFESIZER, and LIFESIZER does not and cannot accept responsibility for such words or opinions.
You further agree that neither LIFESIZER nor any Service Provider in any way guarantees a particular outcome as a result of the use of its services.
To the MAXIMUM extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall LIFESIZER OR ANY OF ITS LICENSORS, SUPPLIERS, AGENTS OR SERVICE PROVIDERS be liable for any INCIDENTAL, INDIRECT, punitive, special or consequential damages that result from the use of, OR THE INABILITY TO USE, THE LIFESIZER SITE OR SERVICES, even if WE HAVE been advised of the possibility of such damages.
In any event, if the above limitations and exclusions are not enforceable or do not apply, LIFESIZER’s aggregate liability otherwise in connection with the LifeSizer Site and its services shall not exceed the amounts, if any, actually paid by you to LIFESIZER for the LifeSizer Site and its services in the 12-month period prior to the event giving rise to such liability.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Disclaimer of Warranties
The LifeSizer Site AND SERVICES ARE provided ON AN “as is” AND “AS AVAILABLE” BASIS and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, LIFESIZER disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. WE DO not warrant that the LifeSizer Site OR SERVICES, OR ANY PORTION OF EITHER, will be error-free, that defects will be corrected or that thE SITE, THE SERVICES or the server, NETWORK OR OTHER SOFTWARE AND EQUIPMENT that makes IT available are free of viruses or other harmful components. WE DO NOT make any representations or warranties regarding the use or the results of the use of the LifeSizer Site OR SERVICES in terms of THEIR correctness, accuracy, reliability or otherwise.
15. Governing Law; Dispute Resolution
16. Electronic Communications
The information communicated through the LifeSizer Site and its services constitutes an electronic communication. When you communicate with us through the LifeSizer Site and its services or the Site or other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
Notices and communications to LIFESIZER must be sent to email@example.com.
17. Jurisdictional Issues
This LifeSizer Site and its services is controlled and operated by LIFESIZER by its and its suppliers and licensors offices in the United States. LIFESIZER makes no representation that materials in the LifeSizer Site and its services are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the LifeSizer Site and its services from jurisdictions where the contents of the LifeSizer Site and its services are illegal or penalized is prohibited.
If you provide to us in any way any suggestions or comments regarding the LifeSizer Site or any of its services, features or aspects, you agree that we (and our providers, suppliers and licensors) may use, share, commercialize and exploit any and all such feedback without obligation or liability to you or any third party, in perpetuity. You agree not to submit any feedback that is subject to any third party rights.