Terms of Service

(Last updated: March 25, 2009)

PLEASE READ THESE TERMS OF SERVICE (“TOS”) CAREFULLY BEFORE REGISTERING FOR THE LIVE FROM YOU (“LFY”) SERVICE OR UPLOADING ANY CONTENT USING THE LFY SERVICES.

YOUR USE OF LIVE FROM YOU (COLLECTIVELY INCLUDING THE LFY WEBSITE, DOWNLOADABLE APPLICATION, FACEBOOK WIDGET, MY SPACE WIDGET OR ANY OTHER ELEMENT OF THE SERVICE) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY (1) THE TERMS OF SERVICE SET FORTH BELOW AND (2) THE LFY PRIVACY POLICY FOUND AT WWW.LIVEFROMYOU.COM/PRIVACY AND INCORPORATED HEREIN BY REFERENCE.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE LFY SITE OR SERVICES.

Overview

LiveFromYou is a free application; there is no subscription process, fees or expiration. For mobile devices, however, Messaging & Data charges may apply. Mobile messaging service for LFY is compatible with AT&T, Verizon and Alltel. Send HELP to 44688 for help instructions. Send STOP to 44688 to no longer receive messages.

LFY is designed for consumers to easily upload their multimedia including images, video, text and
audio files (“User Submissions,” as defined below) from mobile phones, connected cameras and PCs. It automatically organizes User Submissions by date, geo-tag, media album, group and/or privacy level. The means and degree of organization are based on the source of User Submissions and the settings you create within the LFY application. LFY shares User Submissions on social networks, personal web pages and media sharing websites.

LFY is owned and operated by GoTV Networks, Inc. ("GoTV", "we" or "us"). By using the services offered on or through www.livefromyou.com or by downloading LFY through the Apple Application Storefront (“App Store”), Facebook, My Space or any other method of distribution, you are agreeing to the terms and conditions listed below (the "Terms of Service" or “TOS”). GoTV may, in our sole discretion, change, modify, add or remove portions of these TOS at any time and you agree to be bound by these modifications and revisions. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

In addition to these TOS, your use of LFY is governed by our Privacy Policy. You agree to GoTV’s collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time in our sole discretion.

These TOS apply to all users of LFY including those who make User Submissions. When using LFY, you shall be subject to these terms and guidelines as well as any other posted terms or guidelines applicable to such services and any other terms or conditions applicable to services provided by or in conjunction with any of GoTV’s direct or indirect partners. The Privacy Policy and any posted terms or guidelines are hereby incorporated by reference into these Terms of Service.

LFY may also contain links to third parties that are not owned or controlled by GoTV. GoTV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GoTV cannot censor or edit the content of any third-party site. By using LFY, you expressly relieve GoTV from any and all liability arising from your use of any third-party website. GoTV strongly suggests you read the TOS and Privacy Policy posted by each third party.

If you do not understand or agree to these Terms of Service, please do not register, download or use the LFY application or any services related to LFY.

Registering to Use LFY

In order to use LFY, you will have to create a LFY account. You may never use another person’s account without their express permission. When creating your account, you must:

  1. Provide accurate, current and complete information about yourself. You must also promptly update this information to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or GoTV has reasonable grounds to suspect that such is the case, GoTV has the right to suspend or terminate your account and refuse any and all current or future use of LFY.
  2. You must keep your account information secure. You must notify GoTV immediately of any breach of security or unauthorized use of your account, user name or password. You should also ensure that you "log off"/exit from your account at the end of each session. GoTV will not be liable for your losses caused by any unauthorized use of your account and you may be liable for the losses of GoTV or others due to such unauthorized use. You are solely responsible for the activity that occurs on your account
  3. By registering to use LFY, you consent to receive certain communications electronically from GoTV including notices, agreements, legally required disclosures and/or other information in connection with LFY. If you desire to withdraw your consent to receive such notices electronically, you must discontinue your use of LFY.

General Use of LFY - Permissions and Restrictions

GoTV hereby grants you permission to utilize LFY for its intended uses as set forth in these TOS provided that:

  1. You agree not to alter or modify any part of the LFY application and any of its related technologies without GoTV’s prior written authorization.
  2. You agree not to use the LFY application, its related services or the content you have posted for any prohibited commercial use without the prior written authorization of GoTV. Prohibited commercial uses include, but are not limited to, any of the following actions taken without GoTV's express approval:
    1. Selling consumer access on another website;
    2. Selling or otherwise gaining advertising or subscription revenue;
    3. Any use that GoTV finds, in its sole discretion, to use GoTV's resources to compete or displace the market for GoTV or LFY.
  3. Prohibited commercial uses do not include:
    1. Uploading images, audio or video that you have personally created or otherwise own to LFY
    2. Any use that GoTV expressly authorizes in writing.
  4. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the LFY application in a manner that sends more of Your Content to the LFY servers in a given period of time than a human can reasonably produce in the same period by using GoTV’s established means of uploading Your Content. Notwithstanding the foregoing, GoTV grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. GoTV reserves the right to revoke these exceptions either generally or in specific cases.
  5. You agree not to collect or harvest any personally identifiable information, including account names, from the LFY application, nor to use the communication systems provided by the LFY application or 3rd party sites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the LFY application with respect to their User Submissions.
  6. In your use of the LFY application, you will otherwise comply with the terms and conditions of these TOS and all applicable local, national, and international laws and regulations.
  7. GoTV reserves the right to discontinue any aspect of the LFY application or service at any time.

Your Use of Content on LFY

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on LFY.

  1. The content on LFY, except User Submissions, including without limitation, the text, software, scripts, graphics, interactive features and the like as well as the trademarks, service marks and logos contained therein (collectively, the "GoTV IP"), are owned by or licensed to GoTV, subject to copyright and other intellectual property rights under the law. GoTV IP is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of GoTV. You may access LFY, GoTV IP, User Submissions and other material only as permitted under this Agreement. GoTV reserves all rights not expressly granted in and to LFY and the GoTV IP.
  2. You may access User Submissions for your information and personal use solely as intended through the provided functionality of LFY. You agree to not engage in the use, copying, or distribution of any User Submissions other than expressly permitted herein, including any use, copying, or distribution of User Submissions obtained through LFY for any commercial purposes.
  3. You agree not to circumvent, disable or otherwise interfere with security-related features of LFY or features that prevent or restrict use or copying of any User Submissions or enforce limitations on use of LFY or the content therein.
  4. You understand that when using LFY, you will be exposed to User Submissions from a variety of sources. GoTV cannot review all User Submissions and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute User Submissions, GoTV is merely acting as a passive conduit for the distribution of such information, and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.
  5. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GoTV with respect thereto, and agree to indemnify and hold GoTV, its owners/operators, shareholders, directors, officers, employees, Licensors, parent companies, subsidiaries, and affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of LFY.

User Submissions and Conduct

  1. As a registered LFY account holder you may submit multimedia including images, video, text and audio files, collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, GoTV does not guarantee any confidentiality with respect to any User Submissions.
  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize GoTV to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by LFY and these TOS.
  3. You retain all of your ownership rights in your User Submissions. However, by posting User Submissions to LFY, you hereby grant GoTV a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with LFY and GoTV's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of LFY (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of LFY a non-exclusive license to access your User Submissions through LFY, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of LFY and under these TOS. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your User Submissions from LFY. You understand and agree, however, that GoTV may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
  4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GoTV all of the license rights granted herein.
  5. You further agree that you will not, in connection with User Submissions, upload, post, or otherwise transmit any material that is contrary to the following LFY content standards (which may be updated from time to time). You may not upload content that:
    1. Is unlawful, harmful, threatening, hateful, abusive, predatory, harassing, intimidating, demeaning, tortuous, defamatory, vulgar, obscene, libelous or invasive of another person or group’s privacy or otherwise objectionable on the basis of racial, ethnic, religious, age, disability, gender or sexual orientation;
    2. Harms or exploits minors in any way;
    3. Falsely states or otherwise misrepresents your affiliation with a person or entity if it may cause such person or entity any harm or damages whether intentional or not;
    4. Is pornographic, sexually explicit, graphically violent or otherwise intended to shock or disgust;
    5. Shows any kind of abuse including (but not limited to) drugs, drinking, smoking, humans, animals, etc.;
    6. Solicits users of LFY to join or become members of any online or other service. This includes the transmission of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    7. Conflicts with any law, contract or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    8. Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    9. 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;
    10. Disrupts the intended LFY user experience, causes a screen to behave differently than for other users or otherwise acts in a manner that negatively affects other users' ability to properly use LFY;
    11. Interferes with or disrupts LFY, its servers or networks connected to LFY, or disobeys any requirements, procedures, policies or regulations of any network or third party providers connected to LFY;
    12. Intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  6. GoTV does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GoTV expressly disclaims any and all liability in connection with User Submissions. GoTV does not permit copyright infringing activities and infringement of intellectual property rights on LFY, and GoTV will remove all User Submissions in a timely manner if properly notified that such User Submission infringes on another's intellectual property rights. GoTV reserves the right to remove User Submissions without prior notice.

User Submission Storage & Delivery

The amount of storage space for a LFY registered account may be limited by GoTV. Accounts may be archived or materials may be purged as GoTV determines in its sole discretion. User Submissions may not be stored, served or processed due to space constraints, serving and/or bandwidth limitations or disruptions in the system(s). You agree that GoTV is not responsible or liable for the deletion or failure to store, serve or process any User Submission or other information.

Account Termination Policy

  1. GoTV will terminate a User's access to LFY if, under appropriate circumstances, they are determined to be a repeat infringer to these TOS.
  2. GoTV reserves the right to decide whether a User Submission is appropriate and complies with these TOS for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. GoTV may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these TOS at any time, without prior notice and at its sole discretion.
  3. GoTV may terminate and/or deleted an account from LFY if it remains inactive for a period of six (6) months or more. In the event of a suspension or deletion of an account, User Submissions may no longer be accessible.

Digital Millennium Copyright Act

  1. If you are a copyright owner or an agent thereof and believe that any User Submission infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. 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 and information reasonably sufficient to permit GoTV to locate the material;
    4. Information reasonably sufficient to permit GoTV to contact you, such as a physical address, telephone number, and an e-mail address;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. All notices of claimed infringement should be sent to: GoTV Networks, Inc 14144 Ventura Blvd, Suite 300, Sherman Oaks, CA 91423, attn: LFY copyright dept, email: LFYcopyright@GoTVNetworks.com. For clarity, only DMCA notices should go to this e-mail address. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
  3. Counter Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may submit a counter-notice to the address listed above containing the following information:
    1. Your physical or electronic signature;
    2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    4. Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  4. If a counter-notice is received by the GoTV, GoTV may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten to fourteen (10 – 14) business days or more after receipt of the counter-notice, at GoTV's sole discretion.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF LFY SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GOTV, ITS OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, LICENSORS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH LFY AND YOUR USE THEREOF. GOTV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF LFY OR ANY THIRD PARTY LINKED TO LFY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF LFY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM LFY, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH LFY BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA LFY. GOTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH LFY OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GOTV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL GOTV, ITS OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, LICENSORS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF LFY OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF LFY OR USER SUBMISSIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM LFY, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH LFY BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN LFY OR ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA LFY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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.

YOU SPECIFICALLY ACKNOWLEDGE THAT GOTV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

LFY is controlled and offered by GoTV from its facilities in the United States of America. GoTV makes no representations that LFY is appropriate or available for use in other locations. Those who access or use LFY from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless GoTV, its shareholders, directors, officers, employees, licensors, parent companies, subsidiaries, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to LFY; (ii) your violation of any term of these TOS; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOS and your use of LFY.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS and to abide by and comply with these TOS. In any case, you affirm that you are over the age of 13, as LFY is not intended for children under 13. If you are under 13 years of age, then please do not use LFY.

Assignment

These TOS, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GoTV without restriction.

General

You agree that:

  1. LFY shall be deemed solely based in California and LFY shall be deemed a passive service that does not give rise to personal jurisdiction over GoTV, either specific or general, in jurisdictions other than California.
  2. These TOS shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and GoTV that arises in whole or in part from your use of LFY shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.
  3. These TOS, together with the Privacy Policy at http://www.livefromyou.com/t/privacy and any other legal notices published by GoTV on the LFY website or communicated to you through electronic communication, shall constitute the entire agreement between you and GoTV concerning LFY. The section titles in these TOS are for convenience only and have no legal or contractual effect.
  4. These TOS are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns.
  5. If any provision of these TOS is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TOS, which shall remain in full force and effect.
  6. No waiver of any term of this these TOS shall be deemed a further or continuing waiver of such term or any other term, and GoTV's failure to assert any right or provision under these TOS shall not constitute a waiver of such right or provision.
  7. GoTV reserves the right to amend these TOS at any time and without notice, and it is your responsibility to review these TOS for any changes.
  8. Your use of LFY following any amendment of these TOS will signify your assent to and acceptance of its revised terms.
  9. YOU AND GOTV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO LFY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.